Question 1

Challenges to affirmative action plans adopted by private employers are tested under:

Accepted Answer

A)  the Equal Protection Clause of the U.S. Constitution. 
B)  Title VII of the Civil Rights Act of 1964. 
C)  guidelines developed under President Johnson's executive order related to affirmative action programs for federal contractors. 
D)  No regulations; due to the absence of state action, challenges cannot be made to affirmative action plans adopted by private employers. 
A)  the Equal Protection Clause of the U.S. Constitution. 
B)  Title VII of the Civil Rights Act of 1964. 
C)  guidelines developed under President Johnson's executive order related to affirmative action programs for federal contractors. 
D)  No regulations; due to the absence of state action, challenges cannot be made to affirmative action plans adopted by private employers. B

Question 2

Under the Civil Rights Act of 1991,

Accepted Answer

A)  only victims of racial discrimination can recover compensatory and punitive damages for intentional discrimination. 
B)  victims of intentional religious discrimination are entitled to receive compensatory and punitive damages. 
C)  victims of disparate impact sex discrimination can recover punitive damages. 
D)  victims of disability discrimination have no remedy, but must seek redress under disability law. 
A)  only victims of racial discrimination can recover compensatory and punitive damages for intentional discrimination. 
B)  victims of intentional religious discrimination are entitled to receive compensatory and punitive damages. 
C)  victims of disparate impact sex discrimination can recover punitive damages. 
D)  victims of disability discrimination have no remedy, but must seek redress under disability law. B

Question 3

Title VII of the Civil Rights of 1964:

Accepted Answer

A)  is enforced by the FTC. 
B)  applies to employers engaged in an industry affecting commerce and having fifteen or more employees. 
C)  has been displaced by the Civil Rights Act of 1991. 
D)  forbids discrimination in the workplace involving hiring, promotion, and retention, but does not cover transfer and retirement discrimination. 
A)  is enforced by the FTC. 
B)  applies to employers engaged in an industry affecting commerce and having fifteen or more employees. 
C)  has been displaced by the Civil Rights Act of 1991. 
D)  forbids discrimination in the workplace involving hiring, promotion, and retention, but does not cover transfer and retirement discrimination. B

Question 4

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 5

Active recruitment of minority applicants to meet hiring goals is termed:

Accepted Answer

A)  reverse discrimination. 
B)  affirmative action. 
C)  comparable worth. 
D)  BFOQ. 
A)  reverse discrimination. 
B)  affirmative action. 
C)  comparable worth. 
D)  BFOQ.

Question 6

What are the powers of the Equal Employment Opportunity Commission (EEOC)?

Accepted Answer

The EEOC is empowered to: (1) file legal

Question 7

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 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 15 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 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 15 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 8

The common law of torts protects employees from all of the following except:

Accepted Answer

A)  an unreasonable intrusion into their private lives by employers. 
B)  unreasonable disclosure by employers of private information. 
C)  unreasonable publicity putting them in a false light. 
D)  monitoring of employer-provided e-mail systems. 
A)  an unreasonable intrusion into their private lives by employers. 
B)  unreasonable disclosure by employers of private information. 
C)  unreasonable publicity putting them in a false light. 
D)  monitoring of employer-provided e-mail systems.

Question 9

The National Labor Relations Act is also known as the:

Accepted Answer

A)  Taft-Hartley Act. 
B)  Wagner Act. 
C)  Landrum-Griffin Act. 
D)  Norris-La Guardia Act. 
A)  Taft-Hartley Act. 
B)  Wagner Act. 
C)  Landrum-Griffin Act. 
D)  Norris-La Guardia Act.

Question 10

Delbert is 55 years old and was recently laid off from his job at the Middle America Corporation. He has applied for
30 different jobs, but has been told that he is too old and that companies prefer younger workers. Does Delbert have any recourse under federal law?

Accepted Answer

The Age Discrimination in Employment Act

Question 11

Remedies for the Equal Pay Act would include:
a. recovery of future wages.
b. an award of punitive damages.
c. enjoining the employer from further unlawful conduct.
d. employer fines.

Accepted Answer

a. use reasonable care to ensure the emp

Question 12

The LMRA prohibits the closed shop, although it permits the existence of a union shop.

Accepted Answer

A) True 
 B)False

Question 13

The Civil Rights Act of 1964 would scrutinize which of the following situations?

Accepted Answer

A)  A woman engineer was denied a job for which she was qualified. 
B)  A short man was denied employment as a busboy. 
C)  A two-man partnership with two employees refused to hire a qualified black attorney. 
D)  A black woman was hired as a secretary instead of an equally qualified white woman. 
A)  A woman engineer was denied a job for which she was qualified. 
B)  A short man was denied employment as a busboy. 
C)  A two-man partnership with two employees refused to hire a qualified black attorney. 
D)  A black woman was hired as a secretary instead of an equally qualified white woman.

Question 14

In recent years, the courts have unanimously reinforced the common law doctrine of employment at will.

Accepted Answer

A) True 
 B)False

Question 15

Although most statutory enactments relating to employment are federal laws, state statutes sometimes cover areas of employment law.

Accepted Answer

A) True 
 B)False

Question 16

When a state government adopts an affirmative action plan that is challenged as constituting illegal reverse discrimination, the plan is subject to:

Accepted Answer

A)  a rational basis test under the Equal Protection Clause of the Fourteenth Amendment. 
B)  strict scrutiny under the Equal Protection Clause of the Fourteenth Amendment. 
C)  Due Process Clause scrutiny. 
D)  a disparate treatment test under the Civil Rights Act. 
A)  a rational basis test under the Equal Protection Clause of the Fourteenth Amendment. 
B)  strict scrutiny under the Equal Protection Clause of the Fourteenth Amendment. 
C)  Due Process Clause scrutiny. 
D)  a disparate treatment test under the Civil Rights Act.

Question 17

The Age Discrimination in Employment Act currently protects employees between the ages of:

Accepted Answer

A)  40 and 65. 
B)  40 and infinity. 
C)  50 and 65. 
D)  18 and 70. 
A)  40 and 65. 
B)  40 and infinity. 
C)  50 and 65. 
D)  18 and 70.

Question 18

Social Security benefits are funded by:

Accepted Answer

A)  legally required assessments on employers. 
B)  taxes paid by both employers and employees, or by self-employed persons. 
C)  the federal tax on corporations. 
D)  a combination of federal and state taxes. 
A)  legally required assessments on employers. 
B)  taxes paid by both employers and employees, or by self-employed persons. 
C)  the federal tax on corporations. 
D)  a combination of federal and state taxes.

Question 19

The purpose 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 20

Which of the following is NOT true about Social Security?

Accepted Answer

A)  Disability insurance is one program within the system. 
B)  Employees pay for Social Security when they file their federal income tax returns. 
C)  Contributions made by the employer are tax deductible. 
D)  Employees and employer pay matching contributions. 
A)  Disability insurance is one program within the system. 
B)  Employees pay for Social Security when they file their federal income tax returns. 
C)  Contributions made by the employer are tax deductible. 
D)  Employees and employer pay matching contributions.

Exam 42: Employment Law

Challenges to affirmative action plans adopted by private employers are tested under:

Under the Civil Rights Act of 1991,

Title VII of the Civil Rights of 1964:

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

Active recruitment of minority applicants to meet hiring goals is termed:

What are the powers of the Equal Employment Opportunity Commission (EEOC)?

The common law of torts protects employees from all of the following except:

The National Labor Relations Act is also known as the:

Delbert is 55 years old and was recently laid off from his job at the Middle America Corporation. He has applied for 30 different jobs, but has been told that he is too old and that companies prefer younger workers. Does Delbert have any recourse under federal law?

Remedies for the Equal Pay Act would include: a. recovery of future wages. b. an award of punitive damages. c. enjoining the employer from further unlawful conduct. d. employer fines.

The LMRA prohibits the closed shop, although it permits the existence of a union shop.

The Civil Rights Act of 1964 would scrutinize which of the following situations?

In recent years, the courts have unanimously reinforced the common law doctrine of employment at will.

Although most statutory enactments relating to employment are federal laws, state statutes sometimes cover areas of employment law.

When a state government adopts an affirmative action plan that is challenged as constituting illegal reverse discrimination, the plan is subject to:

The Age Discrimination in Employment Act currently protects employees between the ages of:

Social Security benefits are funded by:

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

Which of the following is NOT true about Social Security?

Introduction to Law

Business Ethics and the Social Responsibility of Business

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

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature, Formation, and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Protection of Intellectual Property

Antitrust

Consumer Protection

Securities Regulation

Accountants Legal Liability

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 Decedents Estates

the Legal Environment of Business

Contracts

Agency

Sales

Negotiable Instruments

Unincorporated Business Associations

Corporations

Debtor and Creditor Relations

Regulation of Business

Property

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