Question 1

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

Accepted Answer

A) True 
 B)False  False

Question 2

The Supreme Court has held that the plaintiff will have shown a prima facie case of discrimination if:

Accepted Answer

A)  she is within a protected class. 
B)  she was qualified for and applied for an open position and was denied the job. 
C)  after rejecting the complainant, the employer continued to try to fill the position from applicants with the complainant's qualifications. 
D)  A combination of all of these. 
A)  she is within a protected class. 
B)  she was qualified for and applied for an open position and was denied the job. 
C)  after rejecting the complainant, the employer continued to try to fill the position from applicants with the complainant's qualifications. 
D)  A combination of all of these. D

Question 3

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  False

Question 4

Comprehensive federal legislation now governs drug and alcohol testing by employers.

Accepted Answer

A) True 
 B)False

Question 5

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 6

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

Accepted Answer

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

Question 7

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

Accepted Answer

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

Question 8

Congress enacted the Norris-LaGuardia Act in 1932 in response to growing criticism of the use of injunctions in peaceful labor disputes.

Accepted Answer

A) True 
 B)False

Question 9

The tort of invasion of privacy actually consists of:

Accepted Answer

A)  unreasonable publicity that places another in a false light. 
B)  unreasonable intrusion into the seclusion of another. 
C)  unreasonable public disclosure of private facts. 
D)  All of these. 
A)  unreasonable publicity that places another in a false light. 
B)  unreasonable intrusion into the seclusion of another. 
C)  unreasonable public disclosure of private facts. 
D)  All of these.

Question 10

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 these. 
A)  A bona fide occupational qualification. 
B)  A bona fide seniority system. 
C)  Any reasonable action. 
D)  All of these.

Question 11

Under the NLRA, an employer can legally refuse to bargain with the union as a means of applying economic pressure.

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A)  A short man was denied employment as a busboy. 
B)  A woman engineer was denied a job for which she was qualified. 
C)  A two-man partnership with two employees refused to hire a qualified black attorney. 
D)  All of these would be scrutinized. 
A)  A short man was denied employment as a busboy. 
B)  A woman engineer was denied a job for which she was qualified. 
C)  A two-man partnership with two employees refused to hire a qualified black attorney. 
D)  All of these would be scrutinized.

Question 13

Briefly trace the history of labor law in the United States.In your discussion, identify four major federal labor laws and their purposes.

Accepted Answer

Traditionally, labor law opposed concert

Question 14

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 15

The EEOC has interpreted Title VII's prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation.

Accepted Answer

A) True 
 B)False

Question 16

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, gender, religion, or national origin in any employment-related process.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A)  Compensatory and punitive damages. 
B)  Reinstatement with back pay. 
C)  Injunctive relief. 
D)  All of these. 
A)  Compensatory and punitive damages. 
B)  Reinstatement with back pay. 
C)  Injunctive relief. 
D)  All of these.

Question 18

The EEOC has issued a statement that affirmative action is lawful only when it is designed to respond to a serious imbalance in the workforce; if it does, the affirmative action must consider the rights of non-minorities or men and need not have a time limit.

Accepted Answer

A) True 
 B)False

Question 19

Regarding drug and alcohol testing of employees by employers:

Accepted Answer

A)  the NLRB makes it a mandatory subject of collective bargaining in a union setting. 
B)  the constitutional protection from unwarranted search and seizure protects private sector employees from the practice. 
C)  federal legislation sets forth comprehensive guidelines for the practice. 
D)  the Constitution prohibits any public sector employer from testing its employees under any circumstances without a warrant. 
A)  the NLRB makes it a mandatory subject of collective bargaining in a union setting. 
B)  the constitutional protection from unwarranted search and seizure protects private sector employees from the practice. 
C)  federal legislation sets forth comprehensive guidelines for the practice. 
D)  the Constitution prohibits any public sector employer from testing its employees under any circumstances without a warrant.

Question 20

The Family and Medical Leave Act:

Accepted Answer

A)  does not apply to governmental employers. 
B)  allows, during a twelve-month period, up to sixteen weeks of leave for childbirth, adoption, or serious health conditions of a spouse, child, or parent. 
C)  requires that the employer pay at least 50 percent of the employee's wages and benefits during the leave period.. 
D)  applies to private employers with 50 or more employees. 
A)  does not apply to governmental employers. 
B)  allows, during a twelve-month period, up to sixteen weeks of leave for childbirth, adoption, or serious health conditions of a spouse, child, or parent. 
C)  requires that the employer pay at least 50 percent of the employee's wages and benefits during the leave period.. 
D)  applies to private employers with 50 or more employees.

Exam 41: Employment Law

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

The Supreme Court has held that the plaintiff will have shown a prima facie case of discrimination if:

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.

Comprehensive federal legislation now governs drug and alcohol testing by employers.

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

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

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

Congress enacted the Norris-LaGuardia Act in 1932 in response to growing criticism of the use of injunctions in peaceful labor disputes.

The tort of invasion of privacy actually consists of:

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

Under the NLRA, an employer can legally refuse to bargain with the union as a means of applying economic pressure.

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

Briefly trace the history of labor law in the United States.In your discussion, identify four major federal labor laws and their purposes.

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

The EEOC has interpreted Title VII's prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, gender, religion, or national origin in any employment-related process.

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

The EEOC has issued a statement that affirmative action is lawful only when it is designed to respond to a serious imbalance in the workforce; if it does, the affirmative action must consider the rights of non-minorities or men and need not have a time limit.

Regarding drug and alcohol testing of employees by employers:

The Family and Medical Leave Act:

Introduction to Law

Business Ethicspart Ii: the Legal Environment of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Negligence and Strict Liabilitypart Iii: Contracts

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 Remediespart Iv: Sales

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remediespart V: Negotiable Instruments

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transferspart Vi: Agency

Relationship of Principal and Agent

Relationship With Third Partiespart Vii: Business Associations

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 Corporationspart Viii: Debtor and Creditor Relations

Secured Transactions and Suretyship

Bankruptcypart Ix: Regulation of Business

Securities Regulation

Intellectual Property

Antitrust

Accountants Legal Liability

Consumer Protection

International Business Lawpart X: Property

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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