Question 1

Fix-It Repair Shop does not take any action to prevent sexual harassment of its employees.Fix-It Repair may be liable for such harassment by

Accepted Answer

A) a customer only. 
B) a customer or an employee. 
C) an employee only. 
D) not a customer or an employee. 
A) a customer only. 
B) a customer or an employee. 
C) an employee only. 
D) not a customer or an employee. B

Question 2

For twenty years,Ozzie works in golf-cart maintenance for Players Paradise,a destination for vacationers from across the United States.After a steady stream of positive job evaluations and merit pay raises,Ozzie is promoted to the position of supervisor of golf-cart maintenance at three of Players' courses.Five years later,a new employee,Quentin,is hired to oversee operations at all ten of Players' courses.Quentin demotes Ozzie,who is now over the age of forty,to running only one of the three cart facilities and freezes his salary.Quentin demotes five other employees over the age of forty and places one of Ozzie's former facilities under the supervision of Richie,who is twenty-three.Ozzie overhears Richie say,"We're going to have to do away with these old,senile men." Less than a year later,Quentin consolidates the operations of the three cart facilities under Richie's supervision.Ozzie quits and files a suit against Players for employment discrimination.Should he prevail? Explain.

Accepted Answer

The Age Discrimination in Employment Act (ADEA)of 1967 prohibits discrimination in em?ployment on the basis of age against individuals forty years of age or older.For the ADEA to apply,an employer must have twenty or more employees,and interstate com?merce must be affected by the employer's business activi?ties.Ozzie worked at Players Paradise,which with ten golf courses most likely employed more than twenty persons.The court would also probably find that Players's activities affected inter?state commerce because it is a vacation destination with visitors from many states.Ozzie could likely establish the rest of a prima facie case.Because Ozzie was not demoted due to any apparent job-performance prob?lems,the fact that he was replaced by a person approximately half his age,coupled with Richie's state?ment about get?ting rid of all the "old,senile men," would be enough to shift the burden to Players to show that it was not discriminating on the basis of age.Ultimately,based on the facts in the question,Ozzie would probably prevail.

Question 3

"Whistleblower" statutes protect employees from being required to work overtime after "the whistle blows."

Accepted Answer

A) True 
 B)False  False

Question 4

All employees are entitled to overtime pay.

Accepted Answer

A) True 
 B)False

Question 5

Employers who willfully violate safety regulations can be prosecuted under state criminal laws.

Accepted Answer

A) True 
 B)False

Question 6

Hardy Work,Inc. ,employs 2,000 workers,of whom half are mem?bers of Industrial Employees Union (IEU).LaZee Daze Company em?ploys 1,000 workers,of whom none are union members.A hot-cargo agreement would be an agreement between Hardy and

Accepted Answer

A) Hardy's employees if the agreement concerns "hot" substances. 
B) IEU to boycott non-union products. 
C) LaZee Daze to boycott a product. 
D) LaZee Daze to refuse to hire IEU employees. 
A) Hardy's employees if the agreement concerns "hot" substances. 
B) IEU to boycott non-union products. 
C) LaZee Daze to boycott a product. 
D) LaZee Daze to refuse to hire IEU employees.

Question 7

Requiring union membership as a condition of continued employment is illegal in some states.

Accepted Answer

A) True 
 B)False

Question 8

Svetlana,a fifty-five-year-old member of a racial minority with a disability,believes that she is a victim of employment discrimination.Potentially the most widespread form of discrimination is based on

Accepted Answer

A) age. 
B) disability. 
C) gender. 
D) race. 
A) age. 
B) disability. 
C) gender. 
D) race.

Question 9

Fact Pattern 23-2 
Lita replaces Manny in his job at Neighborly Business Corporation (NBC).
-Refer to Fact Pattern 23-2.To succeed with an age-discrimination claim against NBC,Manny will have to show that

Accepted Answer

A) Lita is not qualified for Manny's job. 
B) Manny is qualified for his job. 
C) NBC's qualifications for Manny's job are too high. 
D) no one could do Manny's job as well as he could. 
A) Lita is not qualified for Manny's job. 
B) Manny is qualified for his job. 
C) NBC's qualifications for Manny's job are too high. 
D) no one could do Manny's job as well as he could.

Question 10

An employer may avoid liability for unintentional discrimination by asserting that a practice with a discriminatory effect is a business necessity.

Accepted Answer

A) True 
 B)False

Question 11

Dixie has AIDS,Evelina is blind,and both work for First National Bank.Con?sidered to have a disability under the Americans with Disabilities Act

Accepted Answer

A) are Dixie and Evelina. 
B) is Dixie only. 
C) is Evelina only. 
D) is neither Dixie nor Evelina. 
A) are Dixie and Evelina. 
B) is Dixie only. 
C) is Evelina only. 
D) is neither Dixie nor Evelina.

Question 12

Employers who provide pension plans for retired workers must comply with certain standards in how the pension funds are invested.

Accepted Answer

A) True 
 B)False

Question 13

An employer can be held liable for an employee's sexual harassment of a member of the same gender.

Accepted Answer

A) True 
 B)False

Question 14

Fact Pattern 23-1 
Kit,manager of Long-Term Care Company's office in Metro City,de?cides to replace the office's male employees with females.Nia,an assis?tant manager transferred from a different Long-Term Care office,refuses to cooperate.Kit retali?ates against Nia,who quits.Within a year,the male employees also quit.
-Refer to Fact Pattern 23-1.Liability for Kit's conduct most likely rests with

Accepted Answer

A) Long-Term Care male employees,who should have acted themselves. 
B) Long-Term Care,which should have known,and Kit,who acted. 
C) Nia,who did not cooperate. 
D) no one,because no law was violated. 
A) Long-Term Care male employees,who should have acted themselves. 
B) Long-Term Care,which should have known,and Kit,who acted. 
C) Nia,who did not cooperate. 
D) no one,because no law was violated.

Question 15

Super Sales Corporation provides Tyrone and other salespersons with meals and lodging when they are on the road.Under federal law,the term wages may include,besides pay,the reasonable cost to Standard of fur?nishing Tyrone with

Accepted Answer

A) lodging and meals. 
B) lodging only. 
C) meals only. 
D) neither lodging nor meals. 
A) lodging and meals. 
B) lodging only. 
C) meals only. 
D) neither lodging nor meals.

Question 16

An employer must verify documents establishing a prospective worker's identity and eligibility to work in the United States.

Accepted Answer

A) True 
 B)False

Question 17

Cash is an employee of Drowzy Resort,Inc. ,covered by federal overtime provisions,which apply only after an employee has worked more than

Accepted Answer

A) eight hours in a day. 
B) forty hours in a week. 
C) 160 hours in a month. 
D) one year for the same employer. 
A) eight hours in a day. 
B) forty hours in a week. 
C) 160 hours in a month. 
D) one year for the same employer.

Question 18

Mold & Dye Corporation is a private employer in?volved in a Title VII employment discrimination suit.Punitive damages may be recovered against Mold & Dye only if the employer

Accepted Answer

A) acted with malice or reckless indifference. 
B) can easily afford to pay the amount. 
C) has one hundred or more employees. 
D) none of the choices. 
A) acted with malice or reckless indifference. 
B) can easily afford to pay the amount. 
C) has one hundred or more employees. 
D) none of the choices.

Question 19

The Age Discrimination in Employment Act of 1967 prohibits employ?ment discrimi?nation on the basis of age by persons of any age.

Accepted Answer

A) True 
 B)False

Question 20

Fact Pattern 23-2 
Lita replaces Manny in his job at Neighborly Business Corporation (NBC).
-Refer to Fact Pattern 23-2.Manny believes that he has been discriminated against on the basis of his age.For the Age Dis?crimination in Employment Act of 1967 to apply

Accepted Answer

A) both Lita and Manny must be forty years of age or older. 
B) Lita must be forty years of age or younger. 
C) Manny must be forty years of age or older. 
D) NBC must have been in existence for at least forty years. 
A) both Lita and Manny must be forty years of age or older. 
B) Lita must be forty years of age or younger. 
C) Manny must be forty years of age or older. 
D) NBC must have been in existence for at least forty years.

Exam 23: Employment Law and Immigration

Fix-It Repair Shop does not take any action to prevent sexual harassment of its employees.Fix-It Repair may be liable for such harassment by

"Whistleblower" statutes protect employees from being required to work overtime after "the whistle blows."

All employees are entitled to overtime pay.

Employers who willfully violate safety regulations can be prosecuted under state criminal laws.

Hardy Work,Inc. ,employs 2,000 workers,of whom half are mem?bers of Industrial Employees Union (IEU).LaZee Daze Company em?ploys 1,000 workers,of whom none are union members.A hot-cargo agreement would be an agreement between Hardy and

Requiring union membership as a condition of continued employment is illegal in some states.

Svetlana,a fifty-five-year-old member of a racial minority with a disability,believes that she is a victim of employment discrimination.Potentially the most widespread form of discrimination is based on

Fact Pattern 23-2 Lita replaces Manny in his job at Neighborly Business Corporation (NBC). -Refer to Fact Pattern 23-2.To succeed with an age-discrimination claim against NBC,Manny will have to show that

An employer may avoid liability for unintentional discrimination by asserting that a practice with a discriminatory effect is a business necessity.

Dixie has AIDS,Evelina is blind,and both work for First National Bank.Con?sidered to have a disability under the Americans with Disabilities Act

Employers who provide pension plans for retired workers must comply with certain standards in how the pension funds are invested.

An employer can be held liable for an employee's sexual harassment of a member of the same gender.

Super Sales Corporation provides Tyrone and other salespersons with meals and lodging when they are on the road.Under federal law,the term wages may include,besides pay,the reasonable cost to Standard of fur?nishing Tyrone with

An employer must verify documents establishing a prospective worker's identity and eligibility to work in the United States.

Cash is an employee of Drowzy Resort,Inc. ,covered by federal overtime provisions,which apply only after an employee has worked more than

Mold & Dye Corporation is a private employer in?volved in a Title VII employment discrimination suit.Punitive damages may be recovered against Mold & Dye only if the employer

The Age Discrimination in Employment Act of 1967 prohibits employ?ment discrimi?nation on the basis of age by persons of any age.

Fact Pattern 23-2 Lita replaces Manny in his job at Neighborly Business Corporation (NBC). -Refer to Fact Pattern 23-2.Manny believes that he has been discriminated against on the basis of his age.For the Age Dis?crimination in Employment Act of 1967 to apply

The Legal and Constitutional Environment of Business

Traditional and Online Dispute Resolution

Ethics and Business Decision Making

Torts and Cyber Torts

Intellectual Property and Internet Law

Criminal Law and Cyber Crimes

Nature and Classification

Agreement and Consideration

Capacity and Legality

Defenses to Contract Enforceability

Third Party Rights and Discharge

Breach and Remedies

E-Contracts and E-Signatures

The Formation of Sales and Lease Contracts

Title and Risk of Loss

Performance Breach of Sales Lease Contracts

Warranties and Product Liability

Negotiability, transferability, and Liability

Checks and Banking in the Digital Age

Security Interest in Personal Property

Creditors Rights and Bankruptcy

Agency Relationships

Sole Proprietorships, partnerships, Ltd Liability

Corporate Formation, financing, and Termination

Corporate Directors, officers, and Shareholders

Investor Protection, insider Trading, Corpgov

Personal Property and Bailments

Real Property and Landlord-Tenant Law

Insurance, wills, and Trusts

Liability of Accountants Other Professionals

International Law in a Global Economy

Regulations, Contracts, and Discovery

Legal Issues in Business and Commerce

Legal Issues in Online Relationships and Agreements

Contracts and Consumer Protection

Liability of Silverado Bank in Prestridge v. Bank of Jena for Forged Checks.

Sovereign Immunity and Bankruptcy Law

Legal Issues in Employment and Liability Cases

Corporate Governance and Securities Law

Real Estate Law: Cases and Controversies

Corporate Ownership and Liability in Chilean Firms

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