Question 1

The Equal Pay Act requires that employees of Native American ancestry and employees of Italian ancestry be paid equally for equal work.

Accepted Answer

A) True 
 B)False

Question 2

The purpose of the Office of Federal Contract Compliance Programs is to require affirmative steps to provide opportunities for handicapped people in federal programs.

Accepted Answer

A) True 
 B)False

Question 3

The Landrum-Griffin Act would protect against:

Accepted Answer

A) a union officer's keeping a member from giving his opinion at a union meeting. 
B) an employer's forbidding union workers from meeting. 
C) an NLRB representative's influencing elections. 
D) an employer's requiring all its employees to be union members. 
A) a union officer's keeping a member from giving his opinion at a union meeting. 
B) an employer's forbidding union workers from meeting. 
C) an NLRB representative's influencing elections. 
D) an employer's requiring all its employees to be union members.

Question 4

The FLSA is not the federal minimum wage statute.

Accepted Answer

A) True 
 B)False

Question 5

The EEOC allows discrimination in employment because of bona fide occupational qualifications.

Accepted Answer

A) True 
 B)False

Question 6

In Ricci v.Destefano,the Supreme Court ruled:
a.the city could be liable for disparate-impact discrimination only if the exams were not job related and consistent with business necessity or if there were an equally valid, less-discriminatory alternative that served the city's needs but that the city would not adopt.
b.that the race-based action like the city's in this case is impermissible under Title VII, without exception.
c.Title VII of the Civil Rights Act of 1964 prohibits only intentional, but not unintentional, discrimination.
d.the Civil Rights Act of 1964 expressly prohibits policies or practices that produce a disparate impact.

Accepted Answer

a.Common law provides that an injured em

Question 7

The Fair Labor Standards Act would concern which of the following?

Accepted Answer

A) Working hours for children employed picking strawberries. 
B) Minimum hourly wage for a factory worker. 
C) Overtime pay for managers. 
D) Attorney fees. 
E) Both (a) and (b) above are correct. 
A) Working hours for children employed picking strawberries. 
B) Minimum hourly wage for a factory worker. 
C) Overtime pay for managers. 
D) Attorney fees. 
E) Both (a) and (b) above are correct.

Question 8

Fixit Co.,a four-person business,employs Wesley as a full-time mechanic.One day while welding a frame modification on a sports car,Wesley paid no attention to a clearly visible oil leak dripping from the engine compartment of the car.The welding torch ignited the oil,causing a fire in which Wesley was badly burned.Which of the following BEST describes the rights of the parties?

Accepted Answer

A) Fixit is probably liable to Wesley under a workers' compensation statute despite the fact Wesley may have been contributorily negligent when he ignored the oil leak. 
B) Wesley cannot recover workers' compensation since federal law requires that an employer have at least 25 employees before he must provide workers' compensation benefits. 
C) Fixit is not liable to pay Wesley workers' compensation since Wesley fell below a recognized standard of care by auto mechanics. 
D) Wesley cannot recover workers' compensation benefits, but can sue Fixit for failing to provide a safe working environment. 
A) Fixit is probably liable to Wesley under a workers' compensation statute despite the fact Wesley may have been contributorily negligent when he ignored the oil leak. 
B) Wesley cannot recover workers' compensation since federal law requires that an employer have at least 25 employees before he must provide workers' compensation benefits. 
C) Fixit is not liable to pay Wesley workers' compensation since Wesley fell below a recognized standard of care by auto mechanics. 
D) Wesley cannot recover workers' compensation benefits, but can sue Fixit for failing to provide a safe working environment.

Question 9

The ADA provides for remedies that are generally the same as those available under Title VII.

Accepted Answer

A) True 
 B)False

Question 10

The Rehabilitation Act:

Accepted Answer

A) requires all employers with 20 or more workers to take affirmative steps to employ the handicapped. 
B) has been recently amended to categorically remove those with AIDS from its protection. 
C) states that a person addicted to cigarette smoking is handicapped under the Act. 
D) does not consider drug and alcohol abuse handicapping conditions for the purposes of the statute. 
A) requires all employers with 20 or more workers to take affirmative steps to employ the handicapped. 
B) has been recently amended to categorically remove those with AIDS from its protection. 
C) states that a person addicted to cigarette smoking is handicapped under the Act. 
D) does not consider drug and alcohol abuse handicapping conditions for the purposes of the statute.

Question 11

After the employee has demonstrated that the employer pays unequal wages for equal work to members of the opposite sex,the burden shifts to the employer to prove that the pay differential is based on:

Accepted Answer

A) a seniority system. 
B) a merit system. 
C) a system that measures earnings by quantity or quality of production. 
D) any factor except gender. 
E) All of the above. 
A) a seniority system. 
B) a merit system. 
C) a system that measures earnings by quantity or quality of production. 
D) any factor except gender. 
E) All of the above.

Question 12

A union shop contract requires the employer to hire only union members.

Accepted Answer

A) True 
 B)False

Question 13

Challenges to affirmative action plans adopted by private or government employers are tested under the Equal Protection Clause of the Constitution.

Accepted Answer

A) True 
 B)False

Question 14

Victims of racial discrimination are entitled to recover unlimited compensatory and punitive damages even after the Civil Rights Act of 1991.

Accepted Answer

A) True 
 B)False

Question 15

Claims of unequal pay for jobs of comparable worth may be brought under:

Accepted Answer

A) Title VII. 
B) The Equal Pay Act. 
C) OSHA. 
D) Such claims may be brought under all of the above. 
A) Title VII. 
B) The Equal Pay Act. 
C) OSHA. 
D) Such claims may be brought under all of the above.

Question 16

The Americans with Disabilities Act requires businesses to make special accommodations for handicapped workers and customers unless the cost is unduly burdensome.

Accepted Answer

A) True 
 B)False

Question 17

Under the Americans with Disabilities Act:

Accepted Answer

A) only governmental employees are covered. 
B) punitive and compensatory damages are not recoverable. 
C) an employer may not use tests that screen out workers with disabilities. 
D) punitive damages for intentional discrimination are subject to a ceiling depending on company size. 
A) only governmental employees are covered. 
B) punitive and compensatory damages are not recoverable. 
C) an employer may not use tests that screen out workers with disabilities. 
D) punitive damages for intentional discrimination are subject to a ceiling depending on company size.

Question 18

Privacy protection for employees includes a federal statute prohibiting private employers from requiring employees or prospective employees to undergo a lie detector test.

Accepted Answer

A) True 
 B)False

Question 19

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on age.

Accepted Answer

A) True 
 B)False

Question 20

The Rehabilitation Act prohibits discrimination against the handicapped in federal programs and programs receiving federal financial aid.

Accepted Answer

A) True 
 B)False

Exam 41: Employment Law

The Equal Pay Act requires that employees of Native American ancestry and employees of Italian ancestry be paid equally for equal work.

The purpose of the Office of Federal Contract Compliance Programs is to require affirmative steps to provide opportunities for handicapped people in federal programs.

The Landrum-Griffin Act would protect against:

The FLSA is not the federal minimum wage statute.

The EEOC allows discrimination in employment because of bona fide occupational qualifications.

The Fair Labor Standards Act would concern which of the following?

The ADA provides for remedies that are generally the same as those available under Title VII.

The Rehabilitation Act:

After the employee has demonstrated that the employer pays unequal wages for equal work to members of the opposite sex,the burden shifts to the employer to prove that the pay differential is based on:

A union shop contract requires the employer to hire only union members.

Challenges to affirmative action plans adopted by private or government employers are tested under the Equal Protection Clause of the Constitution.

Victims of racial discrimination are entitled to recover unlimited compensatory and punitive damages even after the Civil Rights Act of 1991.

Claims of unequal pay for jobs of comparable worth may be brought under:

The Americans with Disabilities Act requires businesses to make special accommodations for handicapped workers and customers unless the cost is unduly burdensome.

Under the Americans with Disabilities Act:

Privacy protection for employees includes a federal statute prohibiting private employers from requiring employees or prospective employees to undergo a lie detector test.

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on age.

The Rehabilitation Act prohibits discrimination against the handicapped in federal programs and programs receiving federal financial aid.

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Antitrust

Accountants Legal Liability

Consumer Protection

Environmental Law

International Business Law

Introduction to Property, property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

Filters