HR 357 / HR357 EMPLOYMENT LAW – UNIT: QUIZ 1-2-3
Question 1
Members of the Communist Party are not covered under Title VII. True
False
Ch 3. Title
... [Show More] VII excludes communists from being covered.
Question 2
Federal law requires that employers create job availability announcements that encourage diversity in the applicant pool.
True False
p. 139, Chapter 4
Question 3
Alicia hires Samuel as an employee at Alicia's Awesome Antiques. He buys antiques at yard sales and sells them in her store in Parkville, Missouri and also at her storefront on eBay. Alicia is the agent; Samuel is the principal.
True False
Ch 1. The employer is the principal; the employee is the agent.
Question 4
Filing a complaint with the EEOC costs $250. True
False
it is free to file. Chapter 3.
Question 5
Employees who are wrongfully fired can sue on the basis of constructive discharge. True
False
unjust dismissal or wrongful discharge
Question 6
Federal law requires that employers write down the reasons why applicants were not hired. True
False
p. 159, Chapter 4
Question 7
Statements in an employee policy manual are never viewed as binding on the employer. True
False Chapter 1
Question 8
The laws regarding noncompete agreements can vary by state. True
False Chapter 1
Question 9
A statement made by an employer during a job interview could create an implied contract. True
False Chapter 2
Question 10
Employer liability can arise from interview questions. True
False Chapter 4
Question 11
Not checking references for job applicants could lead to liability for negligent hiring. True
False Ch 4.
Question 12
Title VII applies only to private employers-not to government agencies. True
False
Chapter 3 It applies to private and public employers. Question 13
Employees who have a one year employment contract are considered at will. True
False Chapter 2
Question 14
Title VII liability is based on state law. True
False Chapter 4
Question 15
State laws sometimes prohibit discrimination on the basis of affinity orientation or marital status.
True False Chapter 4
Question 16
An independent contractor receives the same benefits as an employee. True
False
see lecture for week one
Question 17
Under the economic realities test, a worker is considered an employee if he can quit any time without liability.
True False
Chapter 1.
Question 18
An employer may request an advanced ruling from the IRS as to whether or not a position would be an employee or independent contractor.
True False Chapter 1
Question 19
Intentionally including minorities and women as employees because of previous discrimination in the workplace is best described as .
Affirmative action Illegal
Reverse discrimination Job group analysis Chapter 5
Question 20
Business necessity is a defense to disparate impact workplace discrimination. True
False Chapter 2
Question 21
Undue hardship is an employer defense for requests for the accommodation of employee disabilities.
True False Chapter 2
Question 22
Dr. Sarah Smiles, an orthodontist in Smilesville, Missouri, signed an agreement with her employer stating that Kansas law will be applied to any disputes. This agreement is an example of…
A forum selection clause A noncompete clause An illegal agreement Inevitable disclosure Chapter 1
Question 23
Anna has been clearly discriminated at work because of her gender. She visits an attorney's office to file a lawsuit. The lawyer tells her that she needs a in order to sue her employer in court.
Right to sue letter Judicial review De novo review Polygraph test Chapter 3
Question 24
The remedies under Title VII include: Back and front pay
Retroactive seniority Compensatory damages All of the above Chapter 2
Question 25 Vicarious liability …
Does not apply to independent contractors.
Applies only within the scope of employment. Can create significant tort liability for employers. All of the above.
chapter one
Question 26
The definition of an employer… Varies by statute.
Is always the same under Federal law.
Is determined based on the ratio of independent contractors to employees. None of the above.
Chapter one
Question 27
occurs when employers treat similar employees differently due to race, color, sex, national origin, or religion.
Disparate treatment Disparate impact Promissory estoppel Retroactive seniority Chapter 2
Question 28
A defense to disparate treatment workplace discrimination would be . A: BFOQ
B: Business necessity
C: Legitimate, nondiscriminatory reason defense Both A and C
Chapter 2
Question 29
Under Title VII, employment discrimination on the basis of is prohibited. Affinity orientation
Disability National origin Age
Chapter 3.
Question 30
Tests designed to find the best person for a position include: Drug testing
Eligibility testing Polygraph testing
Alcohol testing Chapter 4.
Question 31
Affirmative action by court order to make up for past discrimination found in the working environment is called .
Voluntary affirmative action Judicial affirmative action Reverse discrimination
A quota system Chapter 5
Question 32
If an employer creates an affirmative action plan without being required to do so by law, he must follow strict rules to avoid liability under .
Reverse discrimination Judicial affirmative action Voluntary affirmative action A quota system
Chapter 5
Question 33
Cinderella brought a lawsuit against her fairy godmother in district court alleging that she negligently manufactured glass slippers, causing Cinderella to be injured at a ball. The fairy godmother is the:
Appellant Defendant Plaintiff Bailor
Ch 2
Question 34
The American legal system uses legal precedents as a basis for future decisions. This principle is known as:
jus soli habeas corpus stare decisis caveat emptor Ch 2
Question 35
Sean was recently fired by his employer although he did nothing wrong. Sean had recently reported his employer to the health inspector for violations. His employer fired him because of
The requirements for a claimant to prove quid pro quo sexual harassment and hostile environment sexual harassment are identical.
A. True
B. False Chapter 9
Question 2
Hiring men or women on the basis of customer preference is lawful under Title VII.
A. True
B. False Chapter 8
Question 3
Religion can be a BFOQ …
A. When it is reasonably necessary for business operations (i.e. a church hiring a pastor).
B. For universities substantially owned by a religion.
C. A & B
D. Under any circumstance.
E. Under no circumstances. Chapter 11
Question 4
Employees who have Title VII claims may also pursue claims under state law or other Federal law.
A. True
B. False Chapter 9
Question 5
Gender can be a BFOQ for the female role in a movie.
A. True
B. False Chapter 8
Question 6
Discrimination on the basis of gender identity is not covered under Title VII.
A. True
B. False Chapter 10
Question 7
Refusing to hire a pregnant woman on the basis of the pregnancy is lawful under the Pregnancy Discrimination Act, but firing an employee after discovering she is pregnant is unlawful.
A. True
B. False p 370
Question 8
Hostile environment sexual harassment involves an exchange of sexual activity for workplace benefit.
A. True
B. False Chapter nine
Question 9
If an employer is unfamiliar with an employee's religion, no duty to reasonably accommodate the employee exists.
A. True
B. False Chapter 11.
Question 10
Atheism can be a religion for Title VII purposes.
A. True
B. False Chapter 11
Question 11
Grooming codes that require men to wear ties have been upheld in court.
A. True
B. False Chapter 8
Question 12
Employers do not have to treat pregnant employees equally with employees who are disabled on a short term basis if pregnant employees need lighter duty because pregnancy is not a disability.
A. True
B. False p 370
Question 13
Under Title VII, workplace harassment based on religion is illegal.
A. True
B. False Chapter 11
Question 14
5 / 5 pts
In hostile environment sexual harassment, the activity by the harasser:
A. Is wanted by the victim.
B. Doesn't seem pervasive or severe.
C. Is based on the gender of the victim (harasee).
D. All of the above Page 418, chapter nine
Question 15
5 / 5 pts
The EEOC recommends considering the following factors when determining the truth in allegations of harassment:
A. Demeanor and inherent plausibility
B. Past record and motive to falsify
C. Evidence such as witness testimony
D. All of the above Chapter 9
Question 16
5 / 5 pts
The Pregnancy Discrimination Act prohibits:
A. Pregnancy as a BFOQ
B. Fetal protection policies
C. Hiring of pregnant women
D. Discrimination by an employer on the basis of pregnancy. Chapter 8
Question 17
5 / 5 pts
The views the activity of the harasser from the perspective of a reasonable person in society.
A. Reasonable victim standard
B. Quid pro quo standard
C. Reasonable person standard
D. Hostile environment standard Chapter 9
Question 18
5 / 5 pts
In Oncale v. Sundowner Offshore Services, Inc., The Supreme Court held that same-gender sexual harassment:
A. Must be based on the sexual orientation of the victim.
B. Must not be based on the sexual orientation of the victim.
C. Is not a valid claim under Title VII.
D. Does not exist. Chapter 10
Question 19
5 / 5 pts
can be described as whomever a person is attracted to.
A. Gender identity
B. Transgender
C. Gender dysphoria
D. Sexual orientation Chapter 10
Question 20
5 / 5 pts
If an employee can prove a prima facie case for religious discrimination,
A. The employee wins automatically.
B. The employer must prove that it offered reasonable accommodation to the employee
C. The employer must prove it could not offer reasonable accommodation to the employee without experiencing undue hardship.
D. Either B or C Page 487, chapter 11
Question 21
5 / 5 pts
States that do not prohibit workplace discrimination on the basis of sexual orientation include:
A. California & Colorado
B. Georgia & Oklahoma
C. Vermont & Hawaii
D. All states prohibit this. Chapter 10
Question 22
5 / 5 pts
Which is false?
A. Undue hardship has been found to exist where an employer had to violate a collective bargaining agreement.
B. Undue hardship typically places a very heavy burden on employers.
C. Undue hardship has been found to exist where employer had to force employees to trade jobs.
Chapter 11
Question 23
5 / 5 pts
Sexual orientation workplace discrimination is prohibited:
A. In 21 states plus Washington, DC
B. In 5 states plus Washington, DC
C. By Federal law
D. In all 50 states plus Washington, DC. Chapter 10
Question 24
5 / 5 pts
Discrimination in the workplace based on gender and marital status or children is known as:
A. Comparable worth discrimination
B. Gender plus discrimination
C. Gender stereotypes
D. Pregnancy discrimination Chapter 8
Question 25
5 / 5 pts
Both men and women are protected under
A. Title VII
B. The Equal Pay Act
C. Both A and B
D. Only women are protected. Chapter eight
IncorrectQuestion 26
An employer may able to use the as a defense to hostile environment sexual harassment if the employer has a sexual harassment policy and the employee did not notify the employer of the harassment.
A. Ellerth/Faragher Defense
Accommodation of disabled employees is required by the ADEA. True
False
ERISA requires employers to offer employee benefit plans such as 401Ks & health plans.
True
False
Employer liability can arise from interview questions.
True False
Workplace discrimination on the basis of national origin is not prohibited under Title VII.
True
False
Filing a complaint with the EEOC is free.
True
False
Remedies under Title VII can include reinstatement at the same company.
True
False
At will employees can be fired at any time for any reason.
True
False
State laws sometimes prohibit discrimination on the basis of sexual orientation or
marital status.
True
False
The laws regarding noncompete agreements do not vary by state.
True
False
An employee hired under affirmative action must be qualified for the position.
True
False
Employers are not legally required to reasonably accommodate an employee's religious
conflicts if the conflict did not exist when the employee was hired. True
False
Violation of public policy is an exception to the at will employment doctrine.
True
False
The Fourth Amendment of the U.S. Constitution protects against unreasonable searches
and seizures.
True
False
In a closed shop, all employees are required to join the union soon after being hired.
True
False
Workplace discrimination on the basis of sexual orientation is not prohibited under Title
VII.
True
False
Members of the Communist Party are not covered under Title VII.
True
False
FMLA applies to employers with employees.
2 or more
15 or more
50 or more
FMLA applies to all employers.
regulates overtime and minimum wage.
OSHA
FLSA
ERISA
NLRA
Bjorn Andersen works at a lunch counter at the Park Pirate Coffee Shop on Tuesday,
Thursday, and Saturday. He recently found out that he has jury duty on Tuesday and told his supervisor, Thor Thorarensen, that he would not be able to go to work on that day because he has jury duty. Thor responded, “Show up for work on Tuesday or don’t come back. Tuesday is our busiest day and we really need you.” Bjorn went to jury duty instead and was fired. His termination violated which exception to the employment-at-will doctrine?
Breach of the covenant of good faith and fair dealing
Breach of implied contract
Violation of public policy
None of the above
An example of ineligibility testing would be .
Polygraph tests
Physical ability tests
Medical tests
Personality tests
Affirmative action by court order to make up for past discrimination found in the working
environment is called . Voluntary affirmative action
Judicial affirmative action
Reverse discrimination
A quota system
provides eligible employees with the option to take up to 12
weeks of unpaid leave for employee illness, adoption or birth of a child, or to care for sick family members such as parents, kids, or spouses.
ERISA
OSHA
FMLA
FLSA
Which is true about the ADEA?
Only employees 40 years of age and older are protected from age discrimination.
BFOQ is not a valid employer defense.
Younger workers may sue for reverse age discrimination.
All statements are true. [Show Less]