Deck 16: Employment Law

Question 1

Under the Equal Pay Act of 1963 an employee may not be paid at a lesser rate than employees of the opposite sex for tasks requiring equal skill,effort,and responsibility under similar working conditions.

Answer 1

True

Question 2

The Fair Labor Standards Act includes provisions governing workers' compensation.

Answer 2

False

Question 3

The Family and Medical Leave Act applies to:

A) companies with 15 or more full-time workers.
B) companies with 50 or more employees.
C) companies with 100 or more employees.
D) any company engaged in interstate commerce.

Answer 3

B

Question 4

Prior to the Industrial Revolution,the primary law of employment was that,absent an agreement otherwise,a worker was hired for a year at a time.

Question 5

The Employee Retirement Income Security Act (ERISA)requires employers to establish pension plans for employees.

Question 6

Wrongful discharge is a major exception to the court-created doctrine of employment at will,and it prohibits an employer from firing a worker for a reason that violates public policy.

Question 7

Does the Family and Medical Leave Act apply to professionals like CPAs?

A) Yes, if they work for a company with at least 50 workers.
B) Yes, but only if they are paid on an hourly basis.
C) No.
D) No, unless the employer specifically provides coverage.

Question 8

Maxine lost her job as an electrical engineer with a large company which had provided health insurance benefits for Maxine and her family.She now:

A) must try to find insurance on her own or try to find another job with health insurance benefits.
B) is protected under COBRA, which allows her continued health insurance coverage for 18 months as long as she pays the cost.
C) is protected under COBRA, which requires her employer to continue her health insurance coverage for six months under whatever copayment arrangements she had while she was employed.
D) has some protection under the NLRA, which requires her employer to pay for continued health insurance for three months following her termination if she did not leave the company voluntarily.

Question 9

Heather applied for a promotion,but her manager promoted a co-worker because the manager knew Heather was seven months pregnant.The manager did not want to promote someone who would probably be taking time off of work for childbirth and child care.The manager has acted legally and reasonably to protect her company's interests.

Question 10

It is currently legal for a private employer to use lie detector tests as part of its usual hiring process.

Question 11

If an employee is an employee at will,the traditional rule was the employer could fire the employee for a good reason,a bad reason,or no reason at all.

Question 12

The National Labor Relations Act includes the minimum wage laws.

Question 13

Some courts have held that employee handbooks create binding contract terms.

Question 14

Mel was fired for being consistently late for his job at Standard Equipment.According to most courts,Standard has a legal obligation to disclose the reason for Mel's firing to his potential employers.

Question 15

Preston was fired for missing too many days of work when he was serving on jury duty.He has a valid claim for wrongful discharge against his former employer.

Question 16

During the hiring interview,Twila,a supervisor,told Leon that as long as he did his job as requested,he would have a job until he retired.Courts have not been willing to enforce such an oral promise,especially if the company's top executives did not approve the statement.

Question 17

The National Labor Relations Act of 1935 is also known as the:

A) Wagner Act.
B) Taft-Hartley Act.
C) Robinson-Patman Act.
D) Freedom to Work Act.

Question 18

How many weeks is David allowed to take off under the Family and Medical Leave Act in this situation?

A) Six weeks.
B) 12 weeks.
C) 24 weeks.
D) None.

Question 19

Jennifer,age 22,applies for a job as an office manager for a group of medical doctors.The doctors do not hire her,explaining that they want someone older and more experienced.Jennifer can successfully sue under the Age Discrimination in Employment Act.

Question 20

Under the Family and Medical Leave Act,an employee can take up to 12 weeks of paid leave each year for certain personal and family illness situations.

Question 21

The federal Social Security system:

A) is financed through ERISA.
B) pays benefits to workers who are retired, disabled, or temporarily unemployed and to the spouses and children of disabled or deceased workers.
C) collects taxes which go into a savings account for each covered worker.
D) was created in the 1960s as part of the "Great Society" programs.
E) All of the above.

Question 22

Megan was employed by a large company.Her supervisor told her to falsify government reports.She refused and was fired.She sued for wrongful discharge.Her employer claimed that,since Megan was an at-will employee,she had no legal right to claim the company was liable for damages.Is the employer right?

A) Yes. An at-will employee does not have a legal right to claim wrongful discharge of employment.
B) Yes. As an employee, Megan owes a duty of loyalty to her employer. If the company was found to have acted illegally by falsifying the reports, it (not Megan) would be liable.
C) No. Even though Megan was an at-will employee, such employees may not be fired without just cause.
D) No. Though at-will employees do not have extensive rights relative to job security, they may not be legally fired for refusing to perform an illegal act.

Question 23

Sharon had a heart attack while she was under stress at work.Can she collect workers' compensation for the time she had to be away from work as she recovered?

A) Yes, since the heart attack occurred while she was at work.
B) Yes, if she can prove that the heart attack was caused by a fellow employee.
C) No, since she probably would have had the heart attack whether she had been at work or not that particular day.
D) No, since a heart attack is not considered a job-related injury.

Question 24

Dustin was fired from his job in the ticket office at the performing arts center.He was told to put his belongings into a plastic bag and was led out by security guards in front of co-workers and patrons.His supervisor told him not to return.Dustin's employer faces potential liability for:

A) whistleblowing.
B) defamation.
C) intentional infliction of emotional distress.
D) violation of the FLSA.

Question 25

Abbott provided evidence of fraudulent financial reporting about his employer,a publicly traded company,to federal securities investigators.Abbott receives whistleblower protection under:

A) the U. S. Constitution.
B) the Sarbanes-Oxley Act.
C) the Civil Service Reform Act.
D) None of the above.

Question 26

Jessica was a former employee of Mark.When potential employers called Mark for a reference about Jessica,he stated she was not a very good worker and had been fired for excessive absences.He said he believed Jessica was on drugs,but he did not know for sure.Jessica learned what Mark was saying and sued him.In most states:

A) it was legal for Mark to say what he said if it was true and Mark was not motivated by ill will.
B) it was legal for Mark to say what he said, since courts have consistently ruled that former employers are immune from lawsuits for giving references.
C) it was not proper for Mark to say what he said, since courts have consistently ruled that former employers should not give references over the telephone or in writing without the former employee's written authorization.
D) though it was proper for Mark to talk about Jessica's work-related history, he acted improperly when he said he thought she was on drugs.

Question 27

Laura intends to file a Title VII lawsuit against her employer.Which of the following is true?

A) Laura is required to first submit her claim to the Equal Employment Opportunity Commission.
B) Laura must first submit her claim to a state civil rights commission before she may proceed with her lawsuit.
C) If the EEOC determines Laura has no case against her employer, she may not file a lawsuit.
D) Laura may initiate a lawsuit or file with the EEOC as she so elects.

Question 28

The Fair Labor Standards Act:

A) requires employers to pay all employees time and a half for any hours worked over 40 per week.
B) allows sixteen-year-olds to work unlimited hours in nonhazardous jobs.
C) prohibits children under fifteen from working, even in nonhazardous jobs.
D) All of the above.

Question 29

The Electronic Communications Privacy Act:

A) permits employers to monitor workers' telephone calls and e-mail messages if the monitoring occurs in the ordinary course of business.
B) prohibits employers from monitoring employees' telephone calls unless the employees consent.
C) prohibits employers from monitoring employees' telephone calls and e-mail messages under any circumstances, since this would violate the employees' common law right of privacy.
D) deals only with e-mail and Internet usage within the workplace.

Question 30

Which of the following statements is correct?

A) It is much easier for the government, as an employer, to test an employee for drugs or alcohol than it is for a private employer.
B) Generally speaking, in most states, it is easier for a private employer than the government to test an employee for drugs or alcohol.
C) Neither the government nor private employers may test employees for drugs or alcohol.
D) Both the government and private employers may test employees for drugs or alcohol without restriction.

Question 31

The Teresa Harris v.Forklift Systems,Inc.case held:

A) for there to be sexual harassment, the conduct must affect an employee's psychological well-being.
B) conduct need not affect an employee's psychological well-being to constitute sexual harassment.
C) Title VII does not apply to sexual harassment cases.
D) Title VII does not apply to same-sex harassment.

Question 32

Under Title VII of the Civil Rights Act of 1964:

A) plaintiffs can prove discrimination in three different ways: disparate treatment, prima facie, and undue hardship.
B) protection from discrimination applies to every stage of the employment process from job ads to postemployment references.
C) the plaintiff is required to prove discrimination on the basis of race, color, religion, gender, or national origin.
D) affirmative action programs are prohibited.

Question 33

Which of the following may be a legitimate,nondiscriminatory criterion for selection of an employee?

A) Age.
B) Race.
C) Color.
D) Educational level.

Question 34

Which of the following would probably not be required of employers to reasonably accommodate for religious beliefs?

A) Flexible scheduling.
B) Closing the business on Sundays.
C) Reassigning employees within the company.
D) Allowing employees to switch work schedules.

Question 35

Roxanne was fired from her job when her employer instituted a new policy that prohibited employees from smoking cigarettes.This requirement applied to off-duty time as well as job-related time.Roxanne claimed that she could not quit smoking and that she was wrongfully fired since she did not smoke in the workplace -- only when she was outside the building and during off-duty time.The company:

A) has wrongfully fired Roxanne and is liable to her for damages.
B) would be liable to Roxanne only if there is a state statute prohibiting employers from passing such job-related requirements.
C) is not liable to Roxanne since the nonsmoking requirement is reasonable given the high cost of treating smoking-related illness.
D) is not liable to Roxanne since the United States Supreme Court has expressly ruled such a company policy does not violate the worker's right to privacy.

Question 36

Mark was refused employment at a Christian Bookstore because he was not a "born-again Christian." If Mark brings a Title VII action against the bookstore,its best defense would be:

A) they did not discriminate against a protected category.
B) Title VII doesn't apply to private businesses.
C) being a "born-again Christian" is a bona fide occupational qualification.
D) they could not reasonably accommodate Mark.

Question 37

ADA reasonable accommodations may include:

A) modification of equipment.
B) ramps for accessibility.
C) flexible work schedules.
D) All of the above.

Question 38

Under the federal legislation known as OSHA:

A) employers must keep records of all workplace injuries.
B) employers must keep records of positive results of workplace drug tests.
C) employees must keep their work area free from recognized hazards.
D) employers may monitor workers' e-mail messages if the monitoring is done in the ordinary course of business and the employer provides the e-mail system.

Question 39

Wrongful discharge claims are generally based upon all EXCEPT:

A) public policy.
B) criminal law.
C) contract.
D) tort law.

Question 40

Dennis is applying for employment at EverTough Manufacturing.As a general rule,Dennis's former employer,Blackaw Co.has legal obligation to disclose information about Dennis to EverTough:

A) if EverTough requests information about his work history.
B) under no circumstances.
C) only if Dennis exhibited behavior that would be potentially dangerous.
D) only if Dennis has given his written consent to the sharing of information about himself to potential employers.

Question 41

Discuss the requirements of the Family and Medical Leave Act.

Question 42

Betty wants to hire a secretary who is "mature." In particular,she wants to hire a woman with experience and whose children are grown (so she will not have to be staying home with sick children,etc.).She also wants to make sure the woman is of "sound,Christian character,with solid morals."
To find such an employee,she ran the following ad in the newspaper: "Secretary.Excellent Pay.Quiet professional office.Must have grown family.Must not be opposed to Christian work ethic.References required.555-1111 or write to P.O.Box 114,Ourtown,USA."
Discuss the legal issues raised by Betty's ad.

Question 43

List the types of employment discrimination covered by Title VII of the Civil Rights Act.What are three general defenses an employer can raise if sued for violating Title VII of the Civil Rights Act?

Question 44

Explain the Title VII requirements on affirmative action,and identify three sources of affirmative action programs.

Question 45

Sandy worked for a small printing company.She found a new job that would pay much more.In accordance with company policy,she gave her employer a two-week notice that she would be leaving.Her employer was upset she was quitting,so he terminated her employment immediately.Sandy was upset because she thought she had acted properly by giving her employer two weeks' notice.Her new employer will not be able to employ her for two weeks.Sandy believes her employer has breached the employment agreement and she should be paid for the two weeks between jobs.Is she right? Explain.