Question 1

Employers cannot use social media in making employment decisions because it is against federal law.

Accepted Answer

A) True 
 B)False  False

Question 2

Which of the following acts prohibits employers from refusing to hire, discharging, or discriminating against employees in terms and conditions of employment on the basis of an employee's or applicant's being age 40 or older?

Accepted Answer

A)  Civil Rights Act of 1964 
B)  Equal Pay Act of 1963 
C)  Age Discrimination in Employment Act of 1967 
D)  Age Discrimination and Harassment Act 
E)  Americans with Disabilities Act 
A)  Civil Rights Act of 1964 
B)  Equal Pay Act of 1963 
C)  Age Discrimination in Employment Act of 1967 
D)  Age Discrimination and Harassment Act 
E)  Americans with Disabilities Act C

Question 3

If a company has an at-will employee, it cannot fire him or her for an illegal reason. Which of the following is not an example of an illegal reason?

Accepted Answer

A)  Violation of a state constitution 
B)  Violation of a state statute 
C)  Violation of federal law 
D)  Violation of public policy 
E)  Violation of the company's moral code 
A)  Violation of a state constitution 
B)  Violation of a state statute 
C)  Violation of federal law 
D)  Violation of public policy 
E)  Violation of the company's moral code E

Question 4

Barmin was notified by the EEOC that they have decided not to sue on his behalf in an action against Barmin's former employer. What would the EEOC provide Barmin with?

Accepted Answer

A)  A no suit letter 
B)  A betterment letter 
C)  A referral notice 
D)  A right-to-sue letter 
E)  A letter of decline 
A)  A no suit letter 
B)  A betterment letter 
C)  A referral notice 
D)  A right-to-sue letter 
E)  A letter of decline

Question 5

[Pregnancy Peril] Julia, a server at Café Sunshine, found out she was pregnant. She was aware that Billy, her employer, had allowed employees who were ill for reasons unrelated to work to take paid time off. For example, Raul, another server, was off with pay for two months after suffering a mild heart attack, and Audrey, a cook, was off work for three months when she ran her personal watercraft into a dock and broke her leg. Julia, therefore, happily told Billy about her pregnancy. He angrily replied that as set forth in the employee handbook, pregnancy was completely voluntary; that she was not entitled to a dime when she was off work; and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. According to Billy, being slender was a bona fide occupational qualification for all servers. He said that because the restaurant serves families, he was concerned that kids would ask embarrassing questions of their parents regarding Julia's condition. Julia was angry and threatened to sue. Billy told her, however, that he had taken a business law class back in 1980 and learned that discrimination based on pregnancy is not covered by Title VII.
-Is Billy's comment correct that pregnancy-based discrimination is not covered by Title VII?

Accepted Answer

A)  He is correct, and pregnancy-based discrimination is not prohibited by federal law. 
B)  He is correct, and pregnancy-based discrimination is not prohibited by Title VII; but it is prohibited by Title IV. 
C)  Whether he is correct depends on the number of employees he has. Title VII was amended in 1989 to include pregnancy within its protection, but only for employers with over 50 employees. 
D)  He is incorrect because Title VII was amended in 1987 to include pregnancy within its protection. 
E)  He is incorrect because Title VII was amended in 1997 to include pregnancy within its protection for all employees other than professional level employees. 
A)  He is correct, and pregnancy-based discrimination is not prohibited by federal law. 
B)  He is correct, and pregnancy-based discrimination is not prohibited by Title VII; but it is prohibited by Title IV. 
C)  Whether he is correct depends on the number of employees he has. Title VII was amended in 1989 to include pregnancy within its protection, but only for employers with over 50 employees. 
D)  He is incorrect because Title VII was amended in 1987 to include pregnancy within its protection. 
E)  He is incorrect because Title VII was amended in 1997 to include pregnancy within its protection for all employees other than professional level employees.

Question 6

What was the ruling of the U.S. Supreme Court in Oncale v. Sundowner Offshore Services, Inc., the case in the text addressing whether a plaintiff could prevail in a sexual harassment case when the harassers were of the same sex?

Accepted Answer

A)  That same sex harassment states a claim under Title VII only if the harasser is a homosexual. 
B)  That same sex harassment may never state a claim under Title VII. 
C)  That same sex harassment may state a claim in the male-to-male context but not in the female-to-female context. 
D)  That same sex harassment may state a claim under Title VII. 
E)  That same sex harassment may state a claim only if there was also involvement by at least one person of the opposite sex in the harassment. 
A)  That same sex harassment states a claim under Title VII only if the harasser is a homosexual. 
B)  That same sex harassment may never state a claim under Title VII. 
C)  That same sex harassment may state a claim in the male-to-male context but not in the female-to-female context. 
D)  That same sex harassment may state a claim under Title VII. 
E)  That same sex harassment may state a claim only if there was also involvement by at least one person of the opposite sex in the harassment.

Question 7

In response to a plaintiff's prima facie case of discrimination based on disparate treatment, what burden does the defendant have?

Accepted Answer

A)  The defendant must articulate why the policy or practice is a "business necessity." 
B)  The defendant must articulate a legitimate, nondiscriminatory business reason for the action. 
C)  The defendant must articulate a reasonable business reason for the action. 
D)  The defendant must show that the alleged "business necessity" is not a mere pretext. 
E)  The defendant does not have a burden, as it is the plaintiff's duty to establish his or her case. 
A)  The defendant must articulate why the policy or practice is a "business necessity." 
B)  The defendant must articulate a legitimate, nondiscriminatory business reason for the action. 
C)  The defendant must articulate a reasonable business reason for the action. 
D)  The defendant must show that the alleged "business necessity" is not a mere pretext. 
E)  The defendant does not have a burden, as it is the plaintiff's duty to establish his or her case.

Question 8

Under Title VII, which of the following statements is true regarding an award of attorney fees?

Accepted Answer

A)  Attorney fees are always awarded to the prevailing party in Title VII cases. 
B)  Similar to attorney fees in a motor vehicle accident lawsuit, attorney fees are never awarded to the prevailing party in Title VII cases. 
C)  Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust, but attorney fees are not awarded to prevailing defendant. 
D)  Attorney fees are not awarded to a prevailing plaintiff; but if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, a court may award attorney fees to the prevailing defendant. 
E)  Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust; and if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, a court may award attorney fees to the prevailing defendant. 
A)  Attorney fees are always awarded to the prevailing party in Title VII cases. 
B)  Similar to attorney fees in a motor vehicle accident lawsuit, attorney fees are never awarded to the prevailing party in Title VII cases. 
C)  Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust, but attorney fees are not awarded to prevailing defendant. 
D)  Attorney fees are not awarded to a prevailing plaintiff; but if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, a court may award attorney fees to the prevailing defendant. 
E)  Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust; and if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, a court may award attorney fees to the prevailing defendant.

Question 9

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene that, while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
-Is Zeke covered under the Americans with Disabilities Act?

Accepted Answer

A)  No, Zeke is not covered under the act because, by his own admission, he has no actual physical disability. 
B)  No, Zeke will not be covered under the act because he cannot establish that he has a documented mental disability. 
C)  Yes, Zeke would likely be covered under the act because he is regarded as having an impairment so long as he can establish that he is substantially limited in performing a major life activity. 
D)  No, Zeke would not be covered under the act unless he can establish an actual physical disability within the previous one year because that is required to come within the section of the act pertaining to perceptions of disability. 
E)  No, Zeke would not be covered under the act unless he can establish an actual physical disability within the previous six months because that is required to come within the section of the act pertaining to perceptions of disability. 
A)  No, Zeke is not covered under the act because, by his own admission, he has no actual physical disability. 
B)  No, Zeke will not be covered under the act because he cannot establish that he has a documented mental disability. 
C)  Yes, Zeke would likely be covered under the act because he is regarded as having an impairment so long as he can establish that he is substantially limited in performing a major life activity. 
D)  No, Zeke would not be covered under the act unless he can establish an actual physical disability within the previous one year because that is required to come within the section of the act pertaining to perceptions of disability. 
E)  No, Zeke would not be covered under the act unless he can establish an actual physical disability within the previous six months because that is required to come within the section of the act pertaining to perceptions of disability.

Question 10

Which type of sexual harassment is defined as a sexual demand by a supervisor on someone of the opposite sex and this demand is reasonably perceived by the employee as a term or condition of employment?

Accepted Answer

A)  Sexual innuendo harassment 
B)  Hostile work environment sexual harassment 
C)  Manipulative sexual harassment 
D)  Offensive sexual hostile environment harassment 
E)  Quid pro quo sexual harassment 
A)  Sexual innuendo harassment 
B)  Hostile work environment sexual harassment 
C)  Manipulative sexual harassment 
D)  Offensive sexual hostile environment harassment 
E)  Quid pro quo sexual harassment

Question 11

Which of the following statements reflects the primary purpose of the Equal Pay Act?

Accepted Answer

A)  To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job. 
B)  To eliminate situations in which women and also men were not paid equally for doing substantially the same job. 
C)  To eliminate situations in which women and men were being paid less that deserved for certain types of work. 
D)  To eliminate situations in which both men and women were denied overtime compensation and fair working conditions. 
E)  To eliminate situations in which men, women, and those of a different national origin were denied overtime compensation and fair working conditions. 
A)  To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job. 
B)  To eliminate situations in which women and also men were not paid equally for doing substantially the same job. 
C)  To eliminate situations in which women and men were being paid less that deserved for certain types of work. 
D)  To eliminate situations in which both men and women were denied overtime compensation and fair working conditions. 
E)  To eliminate situations in which men, women, and those of a different national origin were denied overtime compensation and fair working conditions.

Question 12

What initial burden does a plaintiff have in order to state a cause of action for discrimination based on disparate impact?

Accepted Answer

A)  The plaintiff must demonstrate a prima facie case of discrimination. 
B)  The plaintiff must establish statistically that a rule restricts employment for those in a protected class. 
C)  The plaintiff must show that the reason given by the employer is a mere pretext. 
D)  The plaintiff must show that the alleged "business necessity" is a mere pretext. 
E)  The plaintiff must provide specific examples of the employer's discrimination. 
A)  The plaintiff must demonstrate a prima facie case of discrimination. 
B)  The plaintiff must establish statistically that a rule restricts employment for those in a protected class. 
C)  The plaintiff must show that the reason given by the employer is a mere pretext. 
D)  The plaintiff must show that the alleged "business necessity" is a mere pretext. 
E)  The plaintiff must provide specific examples of the employer's discrimination.

Question 13

Which of the following is not a typical accommodation employers provided for employees with a mental disability?

Accepted Answer

A)  A private office 
B)  Flexible work schedule 
C)  Restructured job 
D)  Time off work for treatment 
E)  Less interaction with coworkers 
A)  A private office 
B)  Flexible work schedule 
C)  Restructured job 
D)  Time off work for treatment 
E)  Less interaction with coworkers

Question 14

Under which exemption, if any, may an individual after age 65 be subject to termination under the Age Discrimination in Employment Act if the individual has been employed as a bona fide executive for at least two years immediately before retirement, and on retirement he or she is entitled to non-forfeitable annual retirement benefits of at least $44,000?

Accepted Answer

A)  The retirement exemption 
B)  The executive exemption 
C)  The forfeiture exemption 
D)  The guaranteed income stream exemption 
E)  There is no such exemption 
A)  The retirement exemption 
B)  The executive exemption 
C)  The forfeiture exemption 
D)  The guaranteed income stream exemption 
E)  There is no such exemption

Question 15

Women working in the workforce is a relatively new concept in many countries. Some countries still have a very low percentage of females working including Saudi Arabia. What is the percentage of women worker in Saudi Arabia's workforce?

Accepted Answer

A)  5% 
B)  10% 
C)  20% 
D)  30% 
E)  42% 
A)  5% 
B)  10% 
C)  20% 
D)  30% 
E)  42%

Question 16

Which of the following is not a defense available to employers charged with age discrimination under the Age Discrimination in Employment Act?

Accepted Answer

A)  The operation of a bona fide seniority system 
B)  That decisions are based on reasonable factors other than age 
C)  The bona fide occupational qualification defense 
D)  The qualified but aged defense 
E)  The executive exemption 
A)  The operation of a bona fide seniority system 
B)  That decisions are based on reasonable factors other than age 
C)  The bona fide occupational qualification defense 
D)  The qualified but aged defense 
E)  The executive exemption

Question 17

Which of the following is true regarding whether an employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee?

Accepted Answer

A)  An employer cannot be held liable in such cases because the employer has no control over the nonemployee. 
B)  An employer is liable as a matter of law in such cases because an employer has an absolute duty to provide a work environment that is free of harassment. 
C)  An employer may be held liable in such cases if the employer knows that a customer repeatedly harasses an employee, yet the employer does nothing to remedy the situation. 
D)  An employer may only be held liable in such cases if quid pro quo harassment is involved. 
E)  An employer may only be held liable in such cases if disparate-impact harassment is involved. 
A)  An employer cannot be held liable in such cases because the employer has no control over the nonemployee. 
B)  An employer is liable as a matter of law in such cases because an employer has an absolute duty to provide a work environment that is free of harassment. 
C)  An employer may be held liable in such cases if the employer knows that a customer repeatedly harasses an employee, yet the employer does nothing to remedy the situation. 
D)  An employer may only be held liable in such cases if quid pro quo harassment is involved. 
E)  An employer may only be held liable in such cases if disparate-impact harassment is involved.

Question 18

In Title VII cases based on discrimination other than race, which of the following statements is true regarding caps on punitive damages?

Accepted Answer

A)  Punitive damages are capped at $300,000 for employers of more than 500 employees. 
B)  Punitive damages are capped at $50,000 for employers of between 100 and 200 employees. 
C)  Punitive damages are capped at $25,000 for employers of between 25 and 50 employees. 
D)  Punitive damages are capped at $75,000 for employers of between 50 and 200 employees. 
E)  There is no cap on punitive damages. 
A)  Punitive damages are capped at $300,000 for employers of more than 500 employees. 
B)  Punitive damages are capped at $50,000 for employers of between 100 and 200 employees. 
C)  Punitive damages are capped at $25,000 for employers of between 25 and 50 employees. 
D)  Punitive damages are capped at $75,000 for employers of between 50 and 200 employees. 
E)  There is no cap on punitive damages.

Question 19

In the case of Seth, what type of harassment, if any, were Astrid's caresses and suggestive statements?

Accepted Answer

A)  Quid pro quo. 
B)  Hostile work environment. 
C)  Sexual discrimination. 
D)  Targeted. 
E)  None because she did not touch him in an inappropriate way. 
A)  Quid pro quo. 
B)  Hostile work environment. 
C)  Sexual discrimination. 
D)  Targeted. 
E)  None because she did not touch him in an inappropriate way.

Question 20

In contrast to employers, background companies that use social media sites to gather information about an applicant are subject to which of the following acts?

Accepted Answer

A)  The Privacy Act of 1974 
B)  The Computer Fraud and Abuse Act of 1986 
C)  The Freedom of Information Act 
D)  The Fair Credit Reporting Act 
E)  The Federal Information Security Management Act of 2002. 
A)  The Privacy Act of 1974 
B)  The Computer Fraud and Abuse Act of 1986 
C)  The Freedom of Information Act 
D)  The Fair Credit Reporting Act 
E)  The Federal Information Security Management Act of 2002.

Exam 43: Employment Discrimination

Employers cannot use social media in making employment decisions because it is against federal law.

Which of the following acts prohibits employers from refusing to hire, discharging, or discriminating against employees in terms and conditions of employment on the basis of an employee's or applicant's being age 40 or older?

If a company has an at-will employee, it cannot fire him or her for an illegal reason. Which of the following is not an example of an illegal reason?

Barmin was notified by the EEOC that they have decided not to sue on his behalf in an action against Barmin's former employer. What would the EEOC provide Barmin with?

What was the ruling of the U.S. Supreme Court in Oncale v. Sundowner Offshore Services, Inc., the case in the text addressing whether a plaintiff could prevail in a sexual harassment case when the harassers were of the same sex?

In response to a plaintiff's prima facie case of discrimination based on disparate treatment, what burden does the defendant have?

Under Title VII, which of the following statements is true regarding an award of attorney fees?

Which type of sexual harassment is defined as a sexual demand by a supervisor on someone of the opposite sex and this demand is reasonably perceived by the employee as a term or condition of employment?

Which of the following statements reflects the primary purpose of the Equal Pay Act?

What initial burden does a plaintiff have in order to state a cause of action for discrimination based on disparate impact?

Which of the following is not a typical accommodation employers provided for employees with a mental disability?

Women working in the workforce is a relatively new concept in many countries. Some countries still have a very low percentage of females working including Saudi Arabia. What is the percentage of women worker in Saudi Arabia's workforce?

Which of the following is not a defense available to employers charged with age discrimination under the Age Discrimination in Employment Act?

Which of the following is true regarding whether an employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee?

In Title VII cases based on discrimination other than race, which of the following statements is true regarding caps on punitive damages?

In the case of Seth, what type of harassment, if any, were Astrid's caresses and suggestive statements?

In contrast to employers, background companies that use social media sites to gather information about an applicant are subject to which of the following acts?

An Introduction to Dynamic Business Law

Business Ethics

The Us Legal System

Alternative Dispute Resolution

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Tort Law

Negligence and Strict Liability

Product Liability

Liability of Accountants and Other Professionals

Intellectual Property

Introduction to Contracts

Agreement

Consideration

Capacity and Legality

Legal Assent

Contracts in Writing

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title, Risk of Loss, and Insurable Interest

Performance and Obligations Under Sales and Leases

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, Holder in Due Course, and Defenses

Liability, Defenses, and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organization

Partnerships: Nature, Formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, Officers, and Shareholders

Corporations: Mergers, Consolidations, Terminations

Corporations: Securities and Investor Protection

Employment and Labor Law

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

The Nature of Property, Personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

Filters