Question 1

An individual can sue a former employer for OSHA violations that the individual witnessed.

Accepted Answer

A) True 
 B)False  False

Question 2

Title VII disparate impact suits involve situations in which an employer has treated an individual differently because of the person's race,sex,color,religion or national origin.

Accepted Answer

A) True 
 B)False  True

Question 3

Congress enacted the ________ after congressional investigations during the 1950s uncovered corruption in internal union affairs and revealed that the internal procedures of many unions were undemocratic.

Accepted Answer

A) Norris-LaGuardia Act 
B) Landrum-Griffin Act 
C) Taft-Hartley Act 
D) Wagner Act 
A) Norris-LaGuardia Act 
B) Landrum-Griffin Act 
C) Taft-Hartley Act 
D) Wagner Act B

Question 4

The Equal Pay Act prohibits sex discrimination regarding pay.

Accepted Answer

A) True 
 B)False

Question 5

Recovery for occupational diseases is usually allowed under the workers' compensation system.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following statements is generally correct with respect to unemployment compensation?

Accepted Answer

A) An employee who voluntarily quits work without a reasonable cause is entitled to unemployment compensation. 
B) An individual who has been discharged from employment because of work-related misconduct is ineligible for unemployment compensation. 
C) The maximum period during which unemployment compensation may be collected is uniform throughout the United States. 
D) Federal law determines the maximum amount of unemployment compensation paid by a state. 
A) An employee who voluntarily quits work without a reasonable cause is entitled to unemployment compensation. 
B) An individual who has been discharged from employment because of work-related misconduct is ineligible for unemployment compensation. 
C) The maximum period during which unemployment compensation may be collected is uniform throughout the United States. 
D) Federal law determines the maximum amount of unemployment compensation paid by a state.

Question 7

________ prohibited federal court enforcement of yellow-dog contracts.

Accepted Answer

A) The National Labor Relations Act 
B) The Railway Labor Act 
C) The Norris-LaGuardia Act 
D) The Fair Labor Standards Act 
A) The National Labor Relations Act 
B) The Railway Labor Act 
C) The Norris-LaGuardia Act 
D) The Fair Labor Standards Act

Question 8

The amount recoverable by an injured employee under each category of damages from a workers' compensation system is frequently more than or at least equivalent to what would be obtained in a successful negligence suit.

Accepted Answer

A) True 
 B)False

Question 9

For a business to be covered under the Family and Medical Leave Act (FMLA)how many employees must the business employ?

Accepted Answer

A) 50 or more 
B) 5 or more 
C) 75 or more 
D) 2 or more 
A) 50 or more 
B) 5 or more 
C) 75 or more 
D) 2 or more

Question 10

Which of the following relieves an employee of the hassle of separately filing charges under Title VII with the EEOC and with the state agency?

Accepted Answer

A) Featherbedding by the EEOC 
B) Worksharing agreements of the EEOC 
C) A "right-to-sue" letter by the EEOC 
D) Yellow-dog contracts of the EEOC 
A) Featherbedding by the EEOC 
B) Worksharing agreements of the EEOC 
C) A "right-to-sue" letter by the EEOC 
D) Yellow-dog contracts of the EEOC

Question 11

In which of the following ways does the Age Discrimination in Employment Act (ADEA)differ from Title VII?

Accepted Answer

A) A plaintiff must file a charge with the EEOC or a state agency under Title VII,but not under the ADEA. 
B) Unlike Title VII,the ADEA does not incorporate mixed-motives claims of disparate treatment. 
C) Title VII has a BFOQ defense but the ADEA does not. 
D) A successful plaintiff can get equitable relief under Title VII,but not under the ADEA. 
A) A plaintiff must file a charge with the EEOC or a state agency under Title VII,but not under the ADEA. 
B) Unlike Title VII,the ADEA does not incorporate mixed-motives claims of disparate treatment. 
C) Title VII has a BFOQ defense but the ADEA does not. 
D) A successful plaintiff can get equitable relief under Title VII,but not under the ADEA.

Question 12

As demonstrated in the case in the text,Darco Transportation v.Dulen,the ________ test is a liberal test that says an injured employee recovers if her employment caused her to be at the place and time where her injury occurred.

Accepted Answer

A) increased-risk 
B) environment-risk 
C) positional-risk 
D) duty-risk 
A) increased-risk 
B) environment-risk 
C) positional-risk 
D) duty-risk

Question 13

Identify the type of employers covered by Title VII of the Civil Rights Act of 1964.

Accepted Answer

A) Employers with 3 employees or more and engaged in an industry affecting intrastate commerce. 
B) Employers with 15 employees or more and engaged in an industry affecting interstate commerce. 
C) Employers with 30 employees or more and engaged in an industry affecting intrastate commerce. 
D) All employers engaged in industries affecting interstate commerce. 
A) Employers with 3 employees or more and engaged in an industry affecting intrastate commerce. 
B) Employers with 15 employees or more and engaged in an industry affecting interstate commerce. 
C) Employers with 30 employees or more and engaged in an industry affecting intrastate commerce. 
D) All employers engaged in industries affecting interstate commerce.

Question 14

Which of the following is generally true regarding sexual harassment suits under Title VII?

Accepted Answer

A) Employers are vicariously liable for sexual harassment by supervisory and nonsupervisory employees of the organization. 
B) The employee must show a tangible job detriment such as a firing or the denial of a promotion,or she will lose the case. 
C) In all sexual harassment cases,the alleged harassment must be unwelcome or the employee will not recover. 
D) All the courts agree that same-sex sexual harassment violates Title VII. 
A) Employers are vicariously liable for sexual harassment by supervisory and nonsupervisory employees of the organization. 
B) The employee must show a tangible job detriment such as a firing or the denial of a promotion,or she will lose the case. 
C) In all sexual harassment cases,the alleged harassment must be unwelcome or the employee will not recover. 
D) All the courts agree that same-sex sexual harassment violates Title VII.

Question 15

In which of the following situations is an employer least likely to be able to escape Title VII liability on the basis of a BFOQ defense?

Accepted Answer

A) Where the alleged BFOQ promotes an accountancy firm's newly adopted goal of fetal protection. 
B) Where the alleged BFOQ is needed in an all-male prison which houses sex offenders. 
C) Where a man is denied work as an undergarment fitter for female customers at a department store. 
D) Where a French restaurant denies a German chef a job as a "French Chef." 
A) Where the alleged BFOQ promotes an accountancy firm's newly adopted goal of fetal protection. 
B) Where the alleged BFOQ is needed in an all-male prison which houses sex offenders. 
C) Where a man is denied work as an undergarment fitter for female customers at a department store. 
D) Where a French restaurant denies a German chef a job as a "French Chef."

Question 16

Bill did not exactly fit in at the XYZ Corporation.First,Bill lost out on a promotion because a female coemployee was having sexual relations with their mutual boss,and for that reason,received the promotion instead.Later Bill was fired when he refused to have a sexual relationship with the firm's female CEO.Bill sues XYZ for sexual harassment,citing all three incidents.Across the 50 states,for which of the incidents is he most likely to recover? Why?

Accepted Answer

Bill only has a 50 percent chance of rec

Question 17

The ________ gave employees the right to organize by enabling them to form,join,or assist labor organizations.

Accepted Answer

A) Norris-LaGuardia Act 
B) Wagner Act 
C) Taft-Hartley Act 
D) Landrum-Griffin Act 
A) Norris-LaGuardia Act 
B) Wagner Act 
C) Taft-Hartley Act 
D) Landrum-Griffin Act

Question 18

The federal and state governments are exempt from which of the following acts?

Accepted Answer

A) The Family and Medical Leave Act 
B) The Fair Labor Standards Act 
C) The Equal Pay Act 
D) The Occupational Safety and Health Act 
A) The Family and Medical Leave Act 
B) The Fair Labor Standards Act 
C) The Equal Pay Act 
D) The Occupational Safety and Health Act

Question 19

Shirley,a lawyer,works for a law firm and is terminated before she received her annual $10,000 bonus.Shirley can prove her termination was intended to deny her that bonus payment.Shirley has a claim based on:

Accepted Answer

A) unjust enrichment. 
B) the firm's promise. 
C) the implied covenant of good faith and fair dealing. 
D) public policy. 
A) unjust enrichment. 
B) the firm's promise. 
C) the implied covenant of good faith and fair dealing. 
D) public policy.

Question 20

Workers' compensation protects not only employees,but independent contractors as well.

Accepted Answer

A) True 
 B)False

Exam 51: Employment Law

An individual can sue a former employer for OSHA violations that the individual witnessed.

Title VII disparate impact suits involve situations in which an employer has treated an individual differently because of the person's race,sex,color,religion or national origin.

Congress enacted the ________ after congressional investigations during the 1950s uncovered corruption in internal union affairs and revealed that the internal procedures of many unions were undemocratic.

The Equal Pay Act prohibits sex discrimination regarding pay.

Recovery for occupational diseases is usually allowed under the workers' compensation system.

Which of the following statements is generally correct with respect to unemployment compensation?

________ prohibited federal court enforcement of yellow-dog contracts.

The amount recoverable by an injured employee under each category of damages from a workers' compensation system is frequently more than or at least equivalent to what would be obtained in a successful negligence suit.

For a business to be covered under the Family and Medical Leave Act (FMLA)how many employees must the business employ?

Which of the following relieves an employee of the hassle of separately filing charges under Title VII with the EEOC and with the state agency?

In which of the following ways does the Age Discrimination in Employment Act (ADEA)differ from Title VII?

As demonstrated in the case in the text,Darco Transportation v.Dulen,the ________ test is a liberal test that says an injured employee recovers if her employment caused her to be at the place and time where her injury occurred.

Identify the type of employers covered by Title VII of the Civil Rights Act of 1964.

Which of the following is generally true regarding sexual harassment suits under Title VII?

In which of the following situations is an employer least likely to be able to escape Title VII liability on the basis of a BFOQ defense?

The ________ gave employees the right to organize by enabling them to form,join,or assist labor organizations.

The federal and state governments are exempt from which of the following acts?

Shirley,a lawyer,works for a law firm and is terminated before she received her annual $10,000 bonus.Shirley can prove her termination was intended to deny her that bonus payment.Shirley has a claim based on:

Workers' compensation protects not only employees,but independent contractors as well.

The Nature of Law

The Resolution of Private Disputes

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Intentional Torts

Negligence and Strict Liability

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Environmental Regulation

Filters