Deck 9: Personnel Issues and Liability

Question 1

Claims of sexual harassment in the workplace are included in the subject matter of which of the following federal laws?

A) Title 42 U.S.C. § 1983.
B) Title VII of the Civil Rights Act of 1964.
C) Title IX of the Civil Rights Act of 1964.
D) None of the above.

Answer 1

B

Question 2

Male claimants make up what percentage of claims of sexual harassment in the workplace?

A) 5%
B) 10%
C) 15%
D) 20%

Answer 2

C

Question 3

Sexual harassment claims create exposure to legal liability for which of the following:

A) The accused employee.
B) Supervisors.
C) All of the above.
D) None of the above.

Answer 3

C

Question 4

A study of Texas police chiefs reported that what percentage of the respondents had experienced a lawsuit for sexual harassment filed by an officer involving the agency?

A) None
B) 10%
C) 25%
D) 50%

Question 5

The Americans with Disabilities Act applies to which of the following agencies?

A) Any private, state or federal agency.
B) Agencies with 15 or more employees.
C) Businesses that provide any public accommodations.
D) Any business or entity that contracts for services with the federal government.

Question 6

Reasonable accommodations that an employer must provide for a person with a disability include which of the following:

A) Restructuring non-essential parts of the job.
B) Revising or altering work schedules.
C) Modifying equipment or machinery used in the job.
D) All of the above.

Question 7

Which of the following agencies is tasked with enforcement of the ADA?

A) USDA
B) EEOC
C) PLRA
D) None of the above.

Question 8

Which of the following are relevant factors that may be considered in any administrative or judicial proceeding regarding ADA complaints as applied to written job descriptions?

A) Job descriptions are prepared prior to interviewing applicants for a job.
B) Job descriptions accurately describe the functions of the position.
C) Descriptions address the outcomes that result from the job.
D) All of the above.

Question 9

Assume that an essential function of a security position is the ability to stand and walk for extended periods of time, and to pursue an intruder in necessary. A part of the application process includes a physical skills test that includes a timed step test and running test. Applicants with disabilities are provided a reasonable accommodation. The employer may hire which of the following applicants:

A) The person with the disability regardless of score.
B) The person who scores highest on the step test.
C) The person who scores highest on the running test.
D) The person who scores highest on both tests.

Question 10

When faced with an applicant with a disability, the employer may take which of the following actions?

A) Determine that the applicant cannot perform the job and reject the application.
B) Require the applicant to submit to a physical examination before making the decision to offer the job to the person.
C) Inquire as to the applicant's ability to perform specific job functions.
D) None of the above.

Question 11

In order to conclude that an accommodation for a disabled person would be an "undue hardship" on the employer, the accommodation must be:

A) Unduly costly.
B) Extensive, substantial or disruptive.
C) Alter the operation of the business.
D) Any of the above.

Question 12

The "American rule" regarding employment provides which of the following?

A) Employment is for one year unless otherwise agreed.
B) All employees may be terminated only for good cause.
C) Employees without a contract for a specific term are considered "at-will" and may be terminated at any time and without cause.
D) Employees may be fired only for misconduct as described in the employee handbook.

Question 13

Exceptions to employment-at-will may be found in which of the following statutes?

A) Civil Rights Act of 1964.
B) Age Discrimination in Employment Act.
C) Rehabilitation Act of 1973.
D) All of the above.

Question 14

An employee may have a cause of action for wrongful termination under which constitutional provision?

A) The Sixth Amendment right to a trial by jury.
B) The due process clause.
C) The confrontation clause.
D) Title 42 U.S. Code § 1983.

Question 15

The Fair Labor Standards Act is enforced by which federal agency?

A) U. S. Department of Labor
B) Equal Employment Opportunity Commission
C) U. S. Department of Justice
D) Occupational Safety and Health Administration

Question 16

A majority of sexual harassment claims are found to have reasonable cause to proceed.

Question 17

If the supervisor takes appropriate action to stop sexual harassment the supervisor may still face civil liability.

Question 18

The U. S. Supreme Court has held that any federal employee may be subjected to drug testing only if the agency has reasonable suspicion to believe an employee is under the influence while on duty.

Question 19

A mandatory action of employers under the ADA is to establish and maintain current job descriptions for all positions.

Question 20

Law enforcement officers may be required to undergo psychological testing only if the agency has probable cause to believe an officer suffers from some emotional or psychological disorder.