Deck 19: Labor and Employment Discrimination Law

Question 1

As compared to the United States,there has been greater litigation in Europe concerning religious discrimination than in the United States.

Answer 1

False

Question 2

The ILO reports that as of 2017,the number of children working worldwide as dropped dramatically to 168,000,000.0.

Answer 2

True

Question 3

Many foreign nations attract investment because of less demanding labor and environmental laws.

Answer 3

True

Question 4

The European Union treaties do not address discrimination on the grounds of nationality.

Question 5

A number of foreign countries,especially those with a two-tiered board structure,require substantial employee representation on the board of directors.

Question 6

In the U.S.business decisions are within the domain of management without consultation with employees or the union.

Question 7

Workers in the United States acquire a property interest in their jobs such that severance pay is an entitlement to compensate for property taken upon dismissal from the position.

Question 8

In Germany,the supervisory board of directors is responsible for representing government and shareholder interests.

Question 9

In the Civil Rights Act of 1991,Congress extended Title VII to all U.S.firms operating outside the United States.

Question 10

With the Civil Rights Act of 1991,Congress extended Title VII to U.S.based firms operating outside the United States under the "control of U.S.entity",and not in conflict with the host countries labor and employment laws.

Question 11

Europeans tend to feel that over a period of time,employees acquire a property interest in their jobs.

Question 12

In Germany,companies that employ more than 2,000 workers must have supervisory boards with 25% representation from labor and 75% representation from shareholders.

Question 13

In the United States,employers under the "at will" employment relationship can terminate employees without cause.

Question 14

Germany labor laws grants its workers equal to management rights to participate in the management of the business.

Question 15

Some of the newly formed countries of the former Soviet Union have laws that mandate discrimination against certain people.

Question 16

In Japan,union leadership is a stepping stone to management.

Question 17

EU laws prohibiting gender discrimination are much more progressive than those in the United States.

Question 18

An American citizen working abroad for a wholly owned subsidiary of a British company will be protected by the ADEA if the subsidiary is a U.S.corporation.

Question 19

In many countries,employers are required by law to consult with worker's groups prior to any large-scale dismissals.

Question 20

Under German Works Constitution Act,an employer has the right to close a plant or business facility if based on economic necessity at any time and without consultation with workers.

Question 21

In the Kochi Hoso case,a Japanese radio broadcaster sued his employer for dismissal.As required by Japanese law,the employer maintained written rules specifying conditions for which the employee could be discharged.The employee was late for a broadcast on two occasions and was discharged pursuant to the written rules.The court ruled that:

A) the employee could be discharged because the rules were in writing according to Japanese law.
B) the employee could be discharged because of the seriousness of the offense.
C) the employee was reinstated to his job because the law was unconstitutional.
D) the employee was reinstated to his job because the discharge was significantly unreasonable under the circumstances and in violation of the socially accepted view.

Question 22

In Germany,workers:

A) can be dismissed at the will of the employer.
B) participate in corporate decisions.
C) are often represented on boards of directors.
D) can be dismissed at the will of the employer and participate in corporate decisions.
E) participate in corporate decisions and are often represented on boards of directors.

Question 23

Ms.Anderson is a 53-year-old American citizen working in New York for QMB,Inc.,a wholly owned subsidiary of QMB,GMBH,a German corporation.She applies for the position of Vice President of QMB,GMBH?a position based in Munich?and is denied the promotion on the basis of her age.How will a U.S.federal court treat Ms.Anderson's failure-to-promote claim under the ADEA?

A) The court must proceed with the case since Ms. Anderson is a U.S. citizen working for QMB, Inc., a U.S. corporation.
B) The court will dismiss the claim on the grounds that the ADEA does not cover employment decisions regarding employment outside the United States made by a foreign-run company.
C) The court will dismiss the claim on the grounds that age is a bona fide occupational qualification to the promotion position.
D) The court will dismiss the claim on the grounds of forum non conveniens.

Question 24

The country that almost certainly has the most comprehensive set of employment discrimination laws is:

A) Germany.
B) China.
C) Iran.
D) the United States.

Question 25

Traditionally,Chinese unions have differed from Western-style unions because:

A) union officials are often members of management as well.
B) their purpose is to avoid labor unrest, not to advocate for the interests of the workers.
C) members do not have the right to strike.
D) all of these are correct.

Question 26

Which of the following conditions need to be satisfied by an employer in China before reducing his or her workforce by at least 20 employees or by 10 percent?

A) The employer is restructuring due to bankruptcy.
B) The employer is experiencing difficulties in production and operations.
C) A material (significant) change in the objective economic circumstances has occurred, making performance and fulfillment of the employee contract impossible.
D) Any of these.

Question 27

Which of the following classifications are treated most similarly under the laws of Europe,the United States,and Japan?

A) Religion
B) Nationality
C) National origin
D) Sex

Question 28

Which of the following is NOT one of the primary distinctions between U.S.and foreign labor laws?

A) Many non-U.S. nations' laws require employee consultation or participation in management decisions that Americans view as being the owner's prerogative.
B) Many non-U.S. countries place legal constraints on employee dismissal that are unfamiliar to the U.S. investor.
C) When a U.S. investor acquires a foreign business, by operation of law, it may also be acquiring the foreign industry's labor arrangements.
D) Many American laws require employee consultation or participation in management decisions that non-U.S. businesspeople view as being the owner's prerogative.

Question 29

Due to Japanese culture,the income differentiation between management and labor is ___________ Western cultures.

A) far greater than
B) about equal to
C) not nearly as great as in
D) non-existent as compared to

Question 30

Due to cultural beliefs about the nature of work and entitlements,severance pay in the U.S.is typically ________,and severance pay in Europe is typically ______.

A) low; high
B) low; low
C) high; low
D) high; high

Question 31

Unlike the case in the U.S.,in many foreign nations,particularly European countries,when an investor acquires a firm:
I)The investor is compelled to adhere to existing employment arrangements.
II)The investor must raise workers' salaries at a set percentage determined by the host country.

A) I only.
B) II only.
C) Both I and II.
D) Neither I nor II.

Question 32

In many European countries,workers have been granted a right of consultation about or notice before reducing the work force.The country that generally grants its workers the most rights of participation is:

A) Great Britain.
B) France.
C) Germany.
D) Italy.

Question 33

A number of countries in Europe require a two-tiered board of directors.The two-tiered boards are:

A) a supervisory board and a management board.
B) a minority board and a majority board.
C) an elected board and an appointed board.
D) a labor board and an administrative board.

Question 34

With regard to global working conditions of child labor and prison labor,which of the following statements is true?

A) Efforts to develop WTO trade rules that tie labor standards to international trade have borne fruit in the new GATT understandings between industrialized and developing nations.
B) Section 301 of the U.S Trade Act of 1974 has been amended to impose tariffs on goods that are produced by child labor or prison labor.
C) A few companies, such as Levi-Strauss & Co., have adopted global sourcing guidelines to use only suppliers who do not make use of child or prison labor.
D) Since NAFTA, Mexico has made great strides in making sure that children below the age of 14 are kept in school and not used in manufacturing operations.

Question 35

In the U.S.,an employer may engage in employee discrimination if it is "reasonably necessary to the normal operation of the particular business or enterprise," a defense known as the:

A) bona fide occupational qualification defense.
B) occupational qualification defense.
C) occupational exception defense.
D) bona fide exception defense.

Question 36

As to the general direction of labor abroad:
I)few countries require employee consultation or participation in management decisions.
II)Many countries place restraints on employee dismissal that are unfamiliar to U.S.investors.

A) I only.
B) II only.
C) Both I and II.
D) Neither I nor II.

Question 37

The European Union treaties prohibit discrimination on the basis of:

A) religion.
B) ethnic background.
C) nationality.
D) all of these are correct.

Question 38

In which of the following cases is a U.S.company liable for unlawful discrimination against U.S citizen/employees in accordance with the EEOC,under Title VII as amended in 1991?

A) The foreign subsidiary is 100% owned by a U.S. parent company.
B) The foreign subsidiary is at least 50% owned by the U.S. parent company.
C) The foreign subsidiary is 25% owned by a U.S. company.
D) All of these are all situations where a U.S. company may be liable under Title VII.

Question 39

In Duncan v.American Intern,the court held that the extension of Title VII employment laws outside the U.S.depended on the amount of "control" the U.S.parent had over foreign entity operations based on various criteria,including:

A) The interrelation of operations.
B) Their common management and ownership or financial control.
C) The centralized control of labor relations.
D) all of these are correct.

Question 40

In the Civil Rights Act of 1991,Congress extended Title VII to:
I)U.S.firms operating outside the United States under the control of a U.S.entity.
II)U.S.firms operating outside the United States except where compliance with Title VII would violate the local law of the country where the firm is located.
III)Foreign firms operating abroad that employ U.S.citizens.

A) I only.
B) I and II.
C) I and III.
D) II and III.

Question 41

Compare and contrast the employee discharge laws in the U.S.with those in Germany.

Question 42

The Chinese government practices a form of institutional discrimination through the Hukou,which is a mechanism for determining social entitlements based on:

A) age.
B) occupation.
C) gender.
D) place of residence.

Question 43

Compare and contrast attitudes toward the employer-employee relationship in the United States with those in other countries.How are these reflected in the respective legal frameworks?

Question 44

Draft a covenant identifying international standards regarding discrimination in employment.

Question 45

Provide examples of collective bargaining agreements that would and would not fall within the "foreign laws" exception.

Question 46

Unlike U.S.employers,Chinese employers are allowed to set _____ requirements for female job applicants.

A) age
B) attractiveness
C) marital status
D) all of these

Question 47

Which of the following statements is true about prison labor?

A) Prison labor is used in virtually all countries around the globe.
B) Prison labor is practiced only in China.
C) Prison labor has been abolished in all countries.
D) Prison labor is used only in emerging economies.

Question 48

Universally around the globe,women employees earn less than their male counterparts.Although the difference in pay rates varies dramatically from one country to the next,women typically earn _____less than men according to the International Trade Union Confederation.

A) close to 5%
B) close to 10%
C) close to 20%
D) close to 30%

Question 49

Compare and contrast employment discrimination laws in the United States with those in Europe.What are the policy underpinnings?

Question 50

An unsafe labor condition that is common in many emerging nations is:

A) blocked or locked exits.
B) the use of antiquated and poorly maintained equipment.
C) excessively long hours.
D) all of these are correct.

Question 51

You are an international human resources consultant retained by Pacific Paper Products,a U.S.corporation headquartered in Seattle.PPP recently downsized its operations located in Germany,which resulted in significant layoffs.The basis of this decision was the inability of the German plants to generate sufficient revenues.Although marginally profitable,PPP concluded that it would be fiscally prudent to downsize the facilities.PPP provided ten days written notice to their employees at these facilities prior to their termination.In response,the employees have submitted claims for wrongful discharge.You have been retained to advise PPP's board of directors on the validity of these claims.Did PPP's closure of the plant violate German law? Are the former employees' claims for wrongful discharge valid? Why or why not?

Question 52

Weigh the benefits and detriments of a U.S.company employing workers in developing countries,including children.

Question 53

Draft a treaty between the U.S.and at least one other nation regarding international employment discrimination.