Deck 12: Employee and Employer Rights and Duties

Question 1

An agent may legally accept fees or gratuities from third parties with whom he or she is dealing on behalf of the principal without the principal's knowledge as long as the agent does not use any money gained for recreational purposes.

Answer 1

False

Question 2

Right-to-work laws have been enacted in 48 states and by Congress.

Answer 2

False

Question 3

The historic federal statute UNIONS (Union Negotiated Interest Organizing National Statute) requires employers to bargain collectively with recognized unions.​

Answer 3

False

Question 4

Despite equal pay statutes, on average, women earn substantially less than men earn.

Question 5

Law guarantees the right of workers to organize into unions of their own choice and to bargain collectively with their employers. Nevertheless, the majority of American workers do not belong to unions.​

Question 6

River City Building Supply contracts with Mango Janitorial for their services, but has little control over how the janitorial services are performed. Mango Janitorial is most likely an independent contractor.​

Question 7

If an agent exceeds his or her authority, the principal is ordinarily not liable.​

Question 8

Improvements in computers and related technology have greatly enhanced the privacy enjoyed by all people who live in the United States.​

Question 9

Social security is a government-mandated fringe benefit financed by taxes paid by both employers and employees.​

Question 10

Labor of persons under age 18 is not regulated under federal law.

Question 11

Under the federal Employee Polygraph Protection Act, so-called "lie-detector tests" are forbidden except for persons who apply for admission to West Point, Annapolis, or the Air Force Academy.

Question 12

Most complaints filed with the Equal Employment Opportunity Commission (EEOC) by workers for alleged violations of the Civil Rights Act of 1964, are found to be valid by the Commission and settled promptly within 30 days of filing.​

Question 13

Employees who cheerfully hum or whistle while they work are called "whistle blowers," and although such practices are annoying to some, the employees are protected from dismissal by "whistle blower," statutes.​

Question 14

In the strikes that endanger the national health and welfare, the president can impose an 80-day cooling-off period.​

Question 15

An employee has the power to quit at any time, but may be sued for resulting damages if in so doing he or she breaches a valid contract to work for a specified period.​

Question 16

Employers may not legally require that persons who apply for a given job have a high school diploma or pass an intelligence test unless such criteria are directly related to proper performance of the job.

Question 17

Federal statutes mandate both "affirmative action" and "quotas" for employees (by gender and/or race).​

Question 18

Right-to-know laws require that employers disclose, to workers who request the information, the average rate of pay for all workers in the business.​

Question 19

A person can work for another and be both an agent and employee.

Question 20

A fiduciary relationship exists when the law requires that a person act on behalf of another with scrupulous good faith and honesty.​

Question 21

Title VII of the Civil Rights Act of 1964, as amended, prohibits job discrimination against​

A)only union members
B)only applicants for employment
C)only employees
D)employees, applicants, and union members

Question 22

Discrimination in pay among employees is permitted under both the Equal Pay Act of 1963 and the Civil Rights Act of 1964, if it is in conformance with a bona fide​

A)system geared to quantity or quality of production by the worker.
B)seniority system, which pays more to workers who have been with the firm longer.
C)system that pays more or less depending on the location of the work.
D)all of the above

Question 23

In an agency shop the worker although not required to join a union is required to support the union by paying a representative fee.​

Question 24

Vicarious liability occurs even though the employer has not been careless.​

Question 25

A group of persons defined by one or more of these criteria (race, color, gender, nation origin, or religion) is referred to as the Rainbow Coalition.​

Question 26

A 54-year-old manager of a plant who earned $20.75 an hour was temporarily laid off when the company plant was closed for the winter. When spring came, a 23-year-old worker who earned $14.05 per hour replaced the manager. The older manager, who had worked for the company for 27 years, was not offered a position paying a lower wage rate. Which of the following is true?​

A)Since the manager was not offered another position with the company, no rights exist under the ADEA.
B)The fact the manager is 54 is irrelevant is this situation.
C)In order to claim an ADEA violation the manager must prove specific intent to violate the act.
D)The manager's termination in these circumstances appears to violate the ADEA.

Question 27

A significant improvement in the legal status of some employees was made by the Equal Employment Opportunity Act of 1972. The act​

A)assures all workers equal access to all jobs where payment is in hourly wages rather than monthly salaries.
B)abolishes time consuming informal conferences and conciliation over disputes, which employers could ignore.
C)provides that all labor-management disputes must be settled within a reasonable time, not to exceed 90 days.
D)gives the federal Equal Employment Opportunity Commission (EEOC)the power to institute civil lawsuits to eliminate violations of the Civil Rights Act.

Question 28

Bona Fide Occupational Qualification (BFOQ) is a valid defense to a claim of racial discrimination.

Question 29

The Civil Rights Act of 1964 and subsequent federal law made it illegal to discriminate in employment practices on the basis of all of the following except​

A)productivity and longevity.
B)race and national origin.
C)color and gender.
D)religion and age

Question 30

The Pregnancy Discrimination Act of 1978 requires that employers​

A)provide paid leave to pregnant women.
B)provide paid leave to pregnant women and paternity leave to the fathers.
C)consider pregnancy as a temporary disability, treating pregnant women as they would any other temporarily disabled employee.
D)provide health insurance for the mother and child for the first five years of life.

Question 31

Although an independent contractor has some independence from the direct control of his employer, his or her duties may still require he or she act as an agent.

Question 32

Disparate treatment is (are)

A)intentional discrimination against a protected group of persons, such as blacks or women.
B)practices that have an unintentional, discriminatory effect on a class of people, protected under Title VII.
C)programs that attempt to "make up" for past patterns of discrimination.
D)workers giving up the right to sue in court for on-the-job injuries.

Question 33

The Taft-Harley Act provides for limited right to seek injunctions in labor disputes.​

Question 34

Arbitration is often used as a dispute resolution method for employment disputes in Union/Management contracts.​

Question 35

Disparate impact is (are)

A)intentional discrimination against a protected group of persons, such as blacks or women.
B)practices, which have unintentional discriminatory effect on a class of people, protected under Title VII.
C)programs that attempt to "make up" for past patterns of discrimination.
D)workers giving up the right to sue in court for on-the-job injuries.

Question 36

Fernando Kraushar a student at Consumé Community College, often drove trucks for his brother Carlos, helping with pickup and delivery operations. Carlos would pay him $12 per hour and give him explicit instructions about the pickup and delivery times and even the driving routes. Fernando resented his big brother's dominance, but Carlos was explicit, "I love you bro, but don't ever negotiate with either the buyers or sellers." What term or terms best describes Fernando?​

A)agent/independent contractor
B)employee
C)agent
D)durable power of attorney

Question 37

The employer is liable to third parties for injuries caused by the negligence of employees while they are acting within the scope of their employment under a common law doctrine called "The Economic Yo Yo."

Question 38

Carlos Kraushar was an enterprising junior at River City College. He entered into a contract with several farmers, whereby he would take delivery of truckloads of tomatoes, without purchasing them, and attempt to sell the tomatoes in bulk to roadside produce merchants for the benefit of the farmers. If he made a sale, it was on credit and payments were made to the individual farmers. If any roadside vendor failed to make a payment, Carlos made good on the loss and paid the farmer. He would return unsold tomatoes to the farmers and they would in turn sell them for hog feed. The farmers paid Carlos 25% of all the payments they received from the produce merchants. What terms best describe Carlos?​

A)principle/employee
B)employee/agent
C)servant/agent
D)agent/independent contractor

Question 39

The Price Waterhouse v. Hopkins case held that an employer cannot fire an employee for taking time off to care for a sick relative.​

Question 40

As a matter of law an employee handbook cannot serve as part of an implied employment contract for purposes of unlawful dismissal of an employee.

Question 41

River City Corporation sells medical testing equipment to the physicians. The manager hires only women as salespersons because he believes that most physicians are males and they are more willing to listen to a sales pitch from a woman than a man. Which of the following is true? ​ ​

A)The manager has violated the law but the company if free from liability unless his was specifically instructed to hire in this fashion.
B)This is a violation of Title VII of the Civil Rights Act.
C)The is a violation of the Family Leave Act.
D)This is an example of a bona fide occupational qualification.

Question 42

Legislation and court decisions affect or control, to some greater or lesser extent,​

A)who may work, doing what, when, and where.
B)how the work may be done, within what continuous span of time, and for what compensation.
C)Both of the above are correct.
D)None of the above is correct, because in our society the parties are free to contract on any terms of their unique and specialized choice.

Question 43

Which of the following is correct about employment relationships?​

A)In the absence of a contract and guarantee, most employment arrangements are "at will."
B)It is illegal to fire a person if the employer lacks a legitimate reason.
C)The Taft-Hartley Act protects the employee from unfair practice by the employer.
D)Sexual harassment is not covered by Title VII.

Question 44

Economic fringe benefits can include all of the following except​

A)medical, dental, and legal insurance.
B)assignment of a choice corner office with a scenic view and cross-ventilation.
C)private pension plan to supplement Social Security.
D)maternity and paternity leave with pay.

Question 45

In determining whether someone is an independent contractor or an employee all but which of the following questions are important?​

A)What control does the employer have over the details of the work?
B)Was the task contracted for performed?
C)Did the worker provide his or her own tools?
D)How is the worker compensated?

Question 46

Carla is an honors graduate from a prestigious college with a degree in computer sciences. She also is African-American. Carla applies for an entry-level management position with a medium sized computer software company. She passes a written test prepared by the company. At an oral interview, one of the interviewing parties tells her "the company enjoys a harmonious work force and she probably would not fit in." The company has no black management employees. After the interview, the company does not hire Carla for the position, but advertises again for new applicants.​

A)Unless the company can show a legitimate reason for not hiring Carla, they have violated Title VII of the Civil Rights Act.
B)If the company is a partnership, it has no duty to comply with federal civil rights law.
C)Upon rejection, Carla can immediately file a lawsuit claiming discriminatory practices under the Civil Rights Act.
D)Carla has no rights under Title VII of the Civil Rights Act, as she is merely a job applicant, not a hired employee.

Question 47

The Civil Rights Act of 1964, as amended, does not apply to which of the following?​

A)employers who have less than 15 employees
B)employers who are engaged in foreign, as well as interstate. commerce
C)employers with less than 10 percent of their sales made across their own state borders
D)employers who are losing money and must cut costs to avoid bankruptcy

Question 48

An employer/principal is liable for the torts of an employee/agent committed while the employee/agent is ​

A)within the scope of employment.
B)paid an hourly wage.
C)a deep pocket employee.
D)on his or her way to work.

Question 49

Employers may discriminate in employment practices without violating federal law with reference to which one of the following sets of attributes?​

A)gender, race, or disability-free condition
B)relevant education, experience, or productivity
C)religion or advanced age
D)color or national origin

Question 50

Which of the following statements about agency relationships is not true?​

A)Agency is a legal relationship between a principal and an agent.
B)The agency relationship must necessarily be evidenced by a written contract.
C)The agent represents and acts on behalf of the principal in making contracts with third parties, which normally are binding on the principal, but not on the agent.
D)An agent who acts beyond the scope or her of his authority is personally liable to the third party.

Question 51

Mr. Sagacious was fired from his job after a wrestling fight with another employee. What would his best argument for reinstatement be?​

A)No one in the fight was seriously injured.
B)The company had neglected to provide a written rule clearly prohibiting wrestling or fighting.
C)Five other altercations had occurred under similar circumstances, but all participants were females and none of them were fired.
D)He was employed for a specific three-year term and the term had two and a half years remaining.

Question 52

The Age Discrimination in Employment Act of 1967 requires continued employment, if requested by the employee, of​

A)persons up to the normal retirement age of 65.
B)persons of any age as long as they are physically and mentally willing and able to do the work required by their employer.
C)persons over the age of 40.
D)none of the above

Question 53

Although the point is disputed, which of the following federal laws is generally regarded as unfavorable to unions?​

A)Anti-Injunction Act of 1932 (Norris-La Guardia)
B)National-Labor Relations Act of 1935 (Wagner Act)
C)Labor-Management Relations Act of 1947 (Taft-Hartley)
D)Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin)

Question 54

In an "agency shop" an employee​

A)must be a union member before being hired
B)cannot be hired if he is union member
C)cannot agitate for union representation.
D)need not be a union member to work but must pay the union an amount approximately equal to union member's normal dues.

Question 55

Hazel Andrus believes her company has a systematic preference for males in executive positions, and that she has been denied a promotion because of this bias. Her employment contract contained an arbitration clause. Assuming the arbitration clause is fair and enforceable, can the EEOC still bring an action against the company on Hazel's behalf or is arbitration her sole way to enforce the law?​

A)The arbitration clause provides her sole remedy and the EEOC is bared from bringing a claim.
B)The arbitration clause bars the EEOC, but it cannot stop Hazel from filing a lawsuit to enforce her claims.
C)The EEOC can pursue a claim, but they must also arbitrate the claim.
D)Even if Hazel must arbitrate her claims, the EEOC has an independent right to bring an action against the company on Hazel's behalf.

Question 56

The Family and Medical Leave Act:​

A)applies to all employers no matter the size of the company
B)requires paid leave for mothers for six weeks after the birth of any infant.
C)allows unpaid leave for family purposes as well as child care.
D)is funded by sales taxes and employers are reimbursed for 2 weeks vacation

Question 57

Cheryl Alessandro was driving down Hornet Street on her way to deliver a mattress for Comfort Zone Mattress Company. Unfortunately, Cheryl was distracted momentarily and rear ended Ricki Nesaam's new automobile. Luckily, Ricki was not hurt, but the car suffered $12,000 in damages. Who is legally responsible for the harm to Ricki's car? ​ ​

A)Cheryl only
B)Cheryl and Comfort Zone Mattress
C)Comfort Zone Mattress only
D)Ricki only

Question 58

The concept of wrongful termination of an employee ​ ​

A)includes tort theory limiting the right of employers to discharge for certain reasons or under certain circumstances.
B)is a modern developing common law concept.
C)provides some protection for at will employees.
D)all of the above

Question 59

River City Corporation arranged to have Han Vongphakham negotiate energy contracts on the company's behalf. In return for his services, Han was paid $25,000 plus royalties. Han purchased several contracts for River City. He told River City that he paid more for the contracts than he actually did. Through various tricks, Han kept much of the money River City gave him to pay for the contracts, and used it for personal gain.​

A)Because Han breached his duty of loyalty to River City, they owe him no royalty.
B)From the facts it is clear Han was an independent contractor with no duty of loyalty to River City.
C)The doctrine of respondeat inferior applies to this situation and thus Han can keep his $25,000 and one-half the royalty.
D)If River City is engaged in interstate commerce, EEOC regulations will provide the rules to determine the relative rights in this situation.

Question 60

In the United States, legislation and case law affect or control​

A)who may work and what work may be done.
B)when and where work may be done.
C)how it may be done and what minimum wage must be paid.
D)All of the above are affected or controlled.

Question 61

The Americans with Disabilities Act (ADA):​

A)Prohibits employers from refusing to hire (or promote)disabled persons who are otherwise qualified for a particular position.
B)Requires that an employer make a reasonable accommodation for a qualified disabled applicant, which might include creating or improving training materials and procedures.
C)Allows employers, who do not wish to make an accommodation, to demonstrate that the accommodations will cause "undue hardship, "that is, impose a "significant difficulty or expense" on the employer.
D)All of the above

Question 62

Jeffrey works at a retail shop in a nice resort. The owner told him the because of the upscale stock, he was never to discount any of the merchandise. A customer noted that a small tea set which she wanted to buy was missing a spoon, and asked if Jeffrey could reduce the price, which he did by twenty percent. Which of the following statements is FALSE? ​ ​

A)Jeffrey violated his duty to obey instructions and the owner could terminate Jeffrey.
B)The owner could require Jeffrey to compensate the shop for the difference in the retail and discounted price.
C)Jeffrey had the authority to make the sale at the price he set and the owner may not seek any remedy.
D)The contract for the sale of the teas set is valid even though Jeffrey did not have actual authority to give the discount.

Question 63

A female employee filed suit against her employer, Jacksonville Shipyards, because of the prevalence of nude photos, posters, reading material, plaques and other nude representations in the workplace. She alleged that this material, as well as and the harassment of her by fellow male employees constituted hostile environment sexual harassment in violation of Title VII of the Civil Rights Act of 1964.​

A)She will not win because the employer cannot suppress free speech.
B)She will not win if the employer didn't have a complaint procedure, because then the employer would have no knowledge of the conditions of her employment.
C)The employer will be liable for the sexual harassment if it knew or should have known that the harassment occurred, but did little or nothing to remedy it.
D)The employer will not be liable because there is no quid pro quo incident.

Question 64

A(n) __________ shop requires union membership as a condition of initial employment, and it is illegal.​

Question 65

Skylar, a researcher at BSI, a pharmaceutical company, was harassed by his supervisor, Giselle. Giselle followed him to bars, to his home, and threatened to discredit his science if he rebuffed her advances or complained to management. Providing that Skylar has suffered no tangible adverse employment action, what defense may BSI establish to avoid liability in a Title VII claim?​

A)That the employer exercised reasonable care in order to prevent and promptly correct any sexually harassing behavior.
B)That the employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or otherwise failed to avoid the harm.
C)Both of the above
D)Neither of the above

Question 66

Employer refuses to employ Emma as a salesperson because she is too young and has visible tattoos on her arm. Emma has a valid case for employment discrimination because​

A)Federal law prohibits disparate treatment based upon her youth
B)Federal law prohibits disparate impact discrimination based upon the fact that more young people will have tattoos.
C)Both of the above
D)Neither of the above

Question 67

The EEOC suggests that the determination of a reasonable accommodation should be resolved through an interactive process involving both the employer and the employee in which the employer:​

A)Analyzes the job to determine its purpose and essential functions.
B)Consults with the employee to ascertain the precise job-related limitations imposed by the individual's disability and how those limitations could be overcome with a reasonable accommodation.
C)Identifies potential accommodations and assesses the effectiveness of each in consultation with the employee, and selects and implements the accommodation that is most appropriate for parties.
D)All of the above
E)None of the above. The employer must defer to the accommodation requested by the employee providing s/he is a qualified individual who can perform the essential functions of the job with a reasonable accommodation.

Question 68

The new terms of a collective-bargaining agreement eliminated the employer's obligation to provide health benefits to retired employees, except for workers who were at least fifty years old. Employees between forty and fifty years of age alleged that the agreement violated the ADEA because it discriminated against them with respect to compensation, terms, conditions, or privileges of employment, because of their age.​

A)This is an example of reverse discrimination under the ADEA and is illegal.
B)This is an example of disparate impact discrimination under the ADEA and is illegal.
C)This is an example of disparate treatment discrimination under the ADEA and is illegal.
D)All of the above.
E)None of the above. The ADEA does not prohibit discrimination against younger workers within the protected class because the enemy of 40 is 30, not 50.

Question 69

Which of the following are valid preventative precautions to minimize a company's liability for sexual harassment by supervisors under Title VII?​

A)Maintaining a well-publicized complaint-reporting system which employees trust
B)Conducting neutral, confidential, investigative procedures in response to complaints.
C)Providing regularly scheduled seminars at which employees are trained in what is inappropriate conduct.
D)All of the above
E)None of the above. If a supervisor sexually harasses a subordinate, the employer is strictly liable.

Question 70

African American employees brought filed suit under Title VII of the Civil Rights Act of 1964, challenging the employer's requirement of a high school diploma as a condition of employment at a power plant because it had the effect of disqualifying minorities from employment at a higher rate than others. Which of the following statements is TRUE?​

A)The employees are alleging disparate treatment discrimination.
B)The employees are alleging disparate impact discrimination.
C)There is no violation of Title VII because the criterion for employment, a diploma, is neutral and required of everyone.
D)If an employment practice operates to exclude minorities it is illegal, even if it is related to job performance and considered a business necessity.

Question 71

In which of the following circumstances would the discharge be lawful?​

A)Employee was discharged for sleeping and loafing on the job.
B)Employee was discharged for not covering the tattoos on her arms as per company policy.
C)Employee was discharged for wearing a nose ring to work which the employee handbook prohibited.
D)All of the above.
E)None of the above. Employees may only be discharged for good cause.

Question 72

Discrimination is prohibited whether it is intentional, called disparate ____________ , or unintentional, called disparate _________________ .​

Question 73

Daisy, an employee of BSI, files suit alleging that Ralph, her supervisor, sexually harassed her. Which of these factors would be relevant in her Title VII lawsuit? ​ ​

A)Whether or not she suffered an adverse employment action
B)Whether or not the conduct of her supervisor was frequent, severe, unwanted or physically threatening or humiliating
C)Whether or not her employer employs fifteen or more persons and is involved in interstate commerce
D)All of the above
E)None of the above

Question 74

Charles Grubb, 64 years old, was terminated from his laundry manager position at Foote Memorial Hospital. Foote Memorial Hospital had recently purchased the Sisters of Mercy Hospital and was in the process of reorganization when Grubb received his notice. When the hospital decided to eliminate Grubb's position, it offered him the position of a truck driver. In addition, Grubb's supervisor had told him earlier that he was "too old and set in his ways" and that he ought to retire.​Grubb's responsibilities as a truck driver were given to a woman who was 63 years old. Grubb claims that he was terminated as a result of age discrimination. Did the hospital violate the ADEA?

A)Yes, his supervisor called him "old."
B)No, the hospital can establish that reasonable factors other than age, the reorganization, motivated the termination decision.
C)Yes, they hired someone 63 to replace him and offered him a lower position.
D)No, there is no federal law that prohibits discrimination because of age.

Question 75

An employee knows that his company is illegally dumping hazardous wastes into a navigable waterway in violation of federal law. He reports this fact to upper management, but they refuse to take action. He then files a report with the EPA to report the illegal activity. If this employee should be discharged for these actions, he probably:​

A)Could win a "wrongful discharge" suit under the public policy exception.
B)Could win a suit brought by OSHA.
C)Would lose because he is a whistler-blower and that is illegal.
D)Would lose because he is a non-unionized employee at-will.

Question 76

Generally, employees may be discharged for :​Filing a worker's compensation claim ​

A)Filing a worker's compensation claim
B)Filing a complaint with the Occupational Safety & Health Admn (OSHA)
C)Serving on a jury
D)Any of the above because of employment at will
E)None of the above because of public policy exceptions to at-will employment

Question 77

A radio station hired a market research firm to evaluate its programming and propose changes to its content to increase revenue/profits. As a result, a disc jockey's "oldies" programming air time was reduced and eventually eliminated. He complained that he was the victim of age discrimination. What defense should the employer assert?​

A)Reasonable factor other than age
B)Business Necessity
C)Bona fide occupational qualification
D)All of the above are valid defenses.

Question 78

Michelle Vinson sued Meritor Savings Bank claiming that she had "constantly been subjected to sexual harassment." She claimed that Sidney Taylor, a vice-president and branch manager, made sexual advances toward her, to which she acquiesced out of fear of losing her job. She testified that Taylor fondled her in front of other employees and forcibly raped her. Which of the following statements is TRUE?​

A)Vinson may establish a violation of Title VII by proving that discrimination based on sex created a hostile or abusive work environment.
B)While sexual harassment can violate Title VII, only Taylor would be liable, not the bank.
C)Vinson cannot state a claim for quid pro quo harassment because she acquiesced.
D)All of the above
E)None of the above

Question 79

A type of Individual Retirement where the initial contribution is not tax deductible, but all earnings  remain tax-free, even upon withdrawal. This is called the __________________ IRA.​

Question 80

Spangler was an employee in a bank's Demand Services Department, whose position required daily client contact. She suffered from dysthymia, a form of depression, along with phobia and bouts of more intense depression. Over several years she was absent from work on a relatively frequent basis. The employer discharged her after continuing absences following two periods of probation for absences from work. She was discharged the day after she had called in that she would be absent because of "depression again." Does her discharge violate the ADA?​

A)No because she is not a qualified employee who can perform the essential functions of the job.
B)Yes, because employers always must accommodate all disabled employees.
C)Yes, because she has a mental disability which substantially limits one or more major life activities.
D)Yes, because she does not pose a threat to other employees.