Question 1

The basic enforcement mechanism of __________ is a system of on-site inspections by safety and health inspectors.

Accepted Answer

A) OSHA 
B) Social Security 
C) workers' compensation 
D) FLSA 
A) OSHA 
B) Social Security 
C) workers' compensation 
D) FLSA

Question 2

In a disparate treatment case:

Accepted Answer

A) if the plaintiff meets the burden of proving a prima facie case, the burden of proof shifts to the employer. 
B) an employer will not prevail in the face of a plaintiff's prima facie case unless it can articulate legitimate, non-discriminatory reasons for its actions. 
C) if a plaintiff can show that a defendant's allegedly legitimate reason for not hiring plaintiff is merely a pretext for discrimination, the plaintiff wins. 
D) All of the above. 
A) if the plaintiff meets the burden of proving a prima facie case, the burden of proof shifts to the employer. 
B) an employer will not prevail in the face of a plaintiff's prima facie case unless it can articulate legitimate, non-discriminatory reasons for its actions. 
C) if a plaintiff can show that a defendant's allegedly legitimate reason for not hiring plaintiff is merely a pretext for discrimination, the plaintiff wins. 
D) All of the above.

Question 3

The Fair Labor Standards Act regulates child labor in agricultural employment.

Accepted Answer

A) True 
 B)False

Question 4

Under federal law,employers may use a lie detector test if it is part of an ongoing investigation of economic loss to its business.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following are remedies for violation of the Americans with Disabilities Act (ADA)?

Accepted Answer

A) Injunctive relief. 
B) Reinstatement. 
C) Back pay. 
D) Compensatory and punitive damages. 
E) All of the above. 
A) Injunctive relief. 
B) Reinstatement. 
C) Back pay. 
D) Compensatory and punitive damages. 
E) All of the above.

Question 6

The LMRA prohibits the closed shop,although it permits the existence of a union shop unless state right-to-work laws prohibit them.

Accepted Answer

A) True 
 B)False

Question 7

The __________ is responsible for enforcing federal anti-discrimination laws.

Accepted Answer

A) OSHA 
B) Social Security Administration 
C) EEOC 
D) NLRB 
A) OSHA 
B) Social Security Administration 
C) EEOC 
D) NLRB

Question 8

The Vietnam Veterans Readjustment Act requires:

Accepted Answer

A) all Vietnam veterans to register with the EEOC. 
B) all firms receiving federal contracts to engage in affirmative action for disabled and Vietnam-era veterans. 
C) all firms to engage in affirmative action for Vietnam-era veterans. 
D) firms having at least $10,000 in federal contracts to engage in affirmative action for disabled and Vietnam-era veterans. 
A) all Vietnam veterans to register with the EEOC. 
B) all firms receiving federal contracts to engage in affirmative action for disabled and Vietnam-era veterans. 
C) all firms to engage in affirmative action for Vietnam-era veterans. 
D) firms having at least $10,000 in federal contracts to engage in affirmative action for disabled and Vietnam-era veterans.

Question 9

Employers are subject to civil,but not criminal,penalties for violations of the Occupational Safety and Health Act.

Accepted Answer

A) True 
 B)False

Question 10

The Social Security system has five major benefit programs,one of which is Medicare.

Accepted Answer

A) True 
 B)False

Question 11

Once a plaintiff has established a prima facie case of discrimination on a disparate treatment theory,and the defendant has articulated a legitimate and non-discriminatory reason for the discrimination,a plaintiff may still win.

Accepted Answer

A) True 
 B)False

Question 12

A defense available to the employer in an action for workers' compensation is that:

Accepted Answer

A) the employee assumed the risk. 
B) the employee's injury happened before he came to work. 
C) the employee was contributorily negligent. 
D) a co-worker caused the injury. 
A) the employee assumed the risk. 
B) the employee's injury happened before he came to work. 
C) the employee was contributorily negligent. 
D) a co-worker caused the injury.

Question 13

An employer's interference with the employee's right to bargain collectively is not an unfair labor practice.

Accepted Answer

A) True 
 B)False

Question 14

The Labor-Management Reporting and Disclosure Act is aimed at eliminating corruption in labor unions.

Accepted Answer

A) True 
 B)False

Question 15

Judicial limitations on the employment-at-will doctrine have been based on:

Accepted Answer

A) contract law. 
B) tort law. 
C) public policy. 
D) All of the above. 
A) contract law. 
B) tort law. 
C) public policy. 
D) All of the above.

Question 16

Sexual harassment is an illegal form of sexual discrimination that includes:

Accepted Answer

A) unwelcome sexual advances. 
B) requests for sexual favors in return for job promotion. 
C) unwanted verbal or physical conduct of a sexual nature where the subject of the unwanted advances has made known to the perpetrator that the actions are unwanted and the conduct reasonably interferes with the subject's work performance. 
D) All of the above. 
E) (a) and (b) but not (c). 
A) unwelcome sexual advances. 
B) requests for sexual favors in return for job promotion. 
C) unwanted verbal or physical conduct of a sexual nature where the subject of the unwanted advances has made known to the perpetrator that the actions are unwanted and the conduct reasonably interferes with the subject's work performance. 
D) All of the above. 
E) (a) and (b) but not (c).

Question 17

Under the Americans with Disabilities Act (ADA),an employer may not use qualification standards,tests,or selection criteria that screen out disabled workers because of business necessity even if they are job related.

Accepted Answer

A) True 
 B)False

Question 18

Under the Age Discrimination in Employment Act (ADEA),which of these defenses are available?

Accepted Answer

A) A bona fide occupational qualification. 
B) A bona fide seniority system. 
C) Any reasonable action. 
D) All of the above. 
E) (a) and (b), but not (c). 
A) A bona fide occupational qualification. 
B) A bona fide seniority system. 
C) Any reasonable action. 
D) All of the above. 
E) (a) and (b), but not (c).

Question 19

Shopville Industries,Inc.,a nonconstruction employer of 35 people,is subject to the Executive Order prohibiting discrimination based on race,sex,religion,or national origin by federal contractors:

Accepted Answer

A) only if it has contracts for more than $100,000. 
B) only if it has contracts for more than $50,000. 
C) regardless of the dollar value of its contracts. 
D) under no circumstances since the Executive Order only applies to construction contractors. 
A) only if it has contracts for more than $100,000. 
B) only if it has contracts for more than $50,000. 
C) regardless of the dollar value of its contracts. 
D) under no circumstances since the Executive Order only applies to construction contractors.

Question 20

The Pregnancy Discrimination Act protects the job reinstatement rights of women returning from maternity leave.

Accepted Answer

A) True 
 B)False

Exam 41: Employment Law

The basic enforcement mechanism of __________ is a system of on-site inspections by safety and health inspectors.

In a disparate treatment case:

The Fair Labor Standards Act regulates child labor in agricultural employment.

Under federal law,employers may use a lie detector test if it is part of an ongoing investigation of economic loss to its business.

Which of the following are remedies for violation of the Americans with Disabilities Act (ADA)?

The LMRA prohibits the closed shop,although it permits the existence of a union shop unless state right-to-work laws prohibit them.

The __________ is responsible for enforcing federal anti-discrimination laws.

The Vietnam Veterans Readjustment Act requires:

Employers are subject to civil,but not criminal,penalties for violations of the Occupational Safety and Health Act.

The Social Security system has five major benefit programs,one of which is Medicare.

Once a plaintiff has established a prima facie case of discrimination on a disparate treatment theory,and the defendant has articulated a legitimate and non-discriminatory reason for the discrimination,a plaintiff may still win.

A defense available to the employer in an action for workers' compensation is that:

An employer's interference with the employee's right to bargain collectively is not an unfair labor practice.

The Labor-Management Reporting and Disclosure Act is aimed at eliminating corruption in labor unions.

Judicial limitations on the employment-at-will doctrine have been based on:

Sexual harassment is an illegal form of sexual discrimination that includes:

Under the Americans with Disabilities Act (ADA),an employer may not use qualification standards,tests,or selection criteria that screen out disabled workers because of business necessity even if they are job related.

Under the Age Discrimination in Employment Act (ADEA),which of these defenses are available?

Shopville Industries,Inc.,a nonconstruction employer of 35 people,is subject to the Executive Order prohibiting discrimination based on race,sex,religion,or national origin by federal contractors:

The Pregnancy Discrimination Act protects the job reinstatement rights of women returning from maternity leave.

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

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