Deck 24: Employment and Discrimination Law

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Question
A plaintiff may seek legal,but not equitable,remedies for violations of Title VII of the Civil Rights Act of 1964.
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The Family and Medical Leave Act guarantees all eligible employees up to 12 weeks of paid leave during any 12-month period of employment.
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Only federal legislation prohibits discrimination on the basis of sexual orientation.
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Workers' compensation laws ensure that covered workers who are injured on the job can receive financial compensation by suing their employer.
Question
The bona fide occupational qualification (BFOQ)defense allows an employer to discriminate in hiring on the basis of sex,religion,or national origin when doing so is necessary for the performance of the job.
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Today,the percentage of workers belonging to a union in the United States is higher than the percentage of workers belonging to a union in the years immediately following World War II.
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Remedies for Americans with Disabilities Act violations are similar to those available under Title VII of the Civil Rights Act of 1964.
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Under the Americans with Disabilities Act,employers must make reasonable accommodations for known physical or mental disabilities of an otherwise qualified person with a disability unless the necessary accommodations would impose an undue burden on the employer's business.
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State laws may give employees more,but not less,protection than federal laws.
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Title VII of the Civil Rights Acts of 1964 applies to all employers,regardless of the number of employees they have.
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Same-sex harassment is not recognized by Title VII of the Civil Rights Act of 1964.
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In the United States,the concept of at-will employment is a relatively modern concept first recognized in the 1950s.
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It is usually more difficult to prove disparate-treatment discrimination than it is to prove disparate-impact discrimination.
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Filing a claim under Title VII of the Civil Rights Act of 1964 is procedurally similar to filing a civil lawsuit.
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Only sexual harassment,a form of gender discrimination,can constitute a hostile work environment.
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Under at-will employment,an employee may quit at any time.
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Today,an employee who is not employed under a contract for a set duration or under a collective bargaining agreement is considered an at-will employee.
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Two distinct forms of sexual harassment are recognized: per se sexual harassment and res ipsa loquitur sexual harassment.
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Employees are protected in the workplace by federal,not state,laws.
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Disparate treatment occurs when an employer intentionally discriminates against an employee based upon the employee's membership in a protected class.
Question
Which of the following was the result in Teresa Harris v.Forklift Systems,Inc.,the case in the textbook in which the United States Supreme Court addressed the issue of whether an employee must suffer serious psychological damage in order to pursue damages for a claim of sexual harassment?

A)That Title VII is limited to "economic" or "tangible" discrimination,and that a plaintiff may not recover unless psychological damages were sufficiently severe to result in an economic impact on the plaintiff's ability to work.
B)That under Title VII,an economic impact on the plaintiff's ability to earn is unnecessary,but the plaintiff must demonstrate serious psychological damage.
C)That under Title VII,so long as the environment would reasonably be perceived,and is perceived,as hostile or abusive,there is no need for it to also be psychologically injurious.
D)That under Title VII,so long as the environment is subjectively perceived as hostile or abusive,there is no need for it to also be psychologically injurious.
E)That under Title VII,whether an environment is psychologically injurious may not be admitted into evidence because such evidence is irrelevant.
Question
Which of the following organizations are covered by Title VII of the Civil Rights Act of 1964?

A)Indian tribes
B)Private clubs
C)Unions
D)Private clubs and unions,but not Indian tribes
E)Indian tribes,private clubs,and unions
Question
According to the ________ doctrine,an employee may be fired for almost any reason.

A)employment flexibility
B)employment-at-will
C)National Labor Relations
D)commercial equity
E)labor-management equity
Question
Through which of the following theories can an employee-plaintiff prove discrimination under Title VII of the Civil Rights Act of 1964?

A)Disparate treatment
B)Disparate impact
C)Disparate equity
D)Disparate treatment,disparate impact,and disparate equity
E)Disparate treatment and disparate impact,but not disparate equity
Question
The Age Discrimination in Employment Act of 1967 prohibits employers from refusing to hire,discharging,or discriminating in terms and conditions of employment against employees or applicants age ________ or older.

A)21
B)35
C)40
D)55
E)62
Question
Discrimination based upon ________ is protected by Title VII of the Civil Rights Act of 1964.

A)race and color
B)race,color,and religion
C)race,color,religion,and sex
D)race,color,religion,sex,and national origin
E)race,color,religion,sex,national origin,and age
Question
In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally,its actual effect is that it disproportionately limits employment opportunities for a protected class?

A)Disparate-treatment
B)Disparate-impact
C)Disparate-equity
D)Differential-equity
E)Deleterious-treatment
Question
In the United States,the concept of at-will employment applied in all states until ________.

A)1920
B)1932
C)1944
D)1959
E)1964
Question
Under Title VII of the Civil Rights Act of 1964,which of the following occurs procedurally after an employee-plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

A)The plaintiff wins by default judgment or by summary judgment.
B)The burden of proof shifts to the employer-defendant to articulate a legitimate,nondiscriminatory business reason for the discharge.
C)The burden of proof shifts to the employer-defendant to establish beyond reasonable doubt that the alleged discrimination did not occur.
D)The burden of proof remains with the employee-plaintiff to prove discrimination beyond reasonable doubt,the standard of proof in a disparate-treatment case.
E)The burden of proof remains with the employee-plaintiff to establish damages to a reasonable degree of evidentiary certainty.
Question
Which title of the Civil Rights Act of 1964 deals with discrimination in employment?

A)VII
B)VI
C)V
D)IV
E)III
Question
The Taft-Hartley Act was designed to expand some of the powers unions had acquired under the Wagner Act.
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________ expands the definition of sex discrimination based on gender.

A)Title IV of the Civil Rights Act of 1984
B)The Pregnancy Discrimination Act of 1987
C)The Expectant Mother's Protection Act of 1967
D)Title IX of the Civil Rights Act of 1991
E)The Family and Medical Leave Act of 1993
Question
The primary function of the National Labor Relations Board is to engage in congressional lobbying efforts to ensure that both union and non-union workers receive a livable wage.
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The National Labor Relations Board can order union and management to reach an agreement with respect to wages,hours,and other terms and conditions of work.
Question
Which of the following was the result on appeal in Polkey v.Transtrecs Corp.,the case in the textbook in which the employee sued after being fired for refusing to take a polygraph test?

A)That the employee had no cause of action under the Employee Polygraph Protection Act because of the employment-at-will doctrine,and the Employee Polygraph Protection Act only applies to federal government employees and members of the United States Congress.
B)That the employee could not prevail under the Employee Polygraph Protection Act because her employer contracted with the government,and national security was involved.
C)That the employee could not prevail under the Employee Polygraph Protection Act because the employer instituted polygraph testing as part of an ongoing investigation.
D)That the employee could not prevail under the Employee Polygraph Protection Act because her employer instituted polygraph testing as part of an ongoing investigation and because of national security issues involved with the employer's contract with the government.
E)That the employee could prevail under the Employee Polygraph Protection Act.
Question
________ protects employees against discrimination and harassment based upon race,color,religion,national origin,and sex.

A)Title VII of the Civil Rights Act of 1964
B)Title IX of the Civil Rights Act of 1981
C)The Age Discrimination in Employment Act of 1967
D)The American with Disabilities Act of 1990
E)The Equal Pay Act of 1963
Question
Under Title VII of the Civil Rights Act of 1964,a successful plaintiff may be awarded which of the following type(s)of remedies?

A)Punitive damages
B)Remedial seniority
C)Compensatory damages
D)Remedial seniority and/or compensatory damages,but not punitive damages
E)Punitive damages,remedial seniority,and/or compensatory damages
Question
Which of the following is the first step in a three-step process of proving disparate-treatment discrimination in employment under Title VII of the Civil Rights Act of 1964?

A)The employee-plaintiff must demonstrate a prima facie case of discrimination.
B)The employer-defendant must articulate a legitimate,nondiscriminatory business reason for the action.
C)The employer-defendant must articulate a legitimate,discriminatory business reason for the action.
D)The employer-defendant must demonstrate a prima facie case of non-discrimination.
E)The employee-plaintiff must show that the reason given by the employer-defendant is a mere pretext.
Question
________ cases are also known as unintentional discrimination cases.

A)Disparate-treatment
B)Disparate-impact
C)Disparate-equity
D)Differential-equity
E)Deleterious-treatment
Question
Title VII of the Civil Rights Act of 1964 applies to employers who have ________ or more employees for ________ consecutive weeks within one year and who are engaged in a business that affects commerce.

A)15; 20
B)50; 20
C)15; 30
D)20; 50
E)20; 52
Question
Which of the following is true regarding an award of attorney fees under Title VII?

A)Attorney fees are always awarded to the prevailing party in Title VII cases.
B)Attorney fees are never awarded to the prevailing party in Title VII cases.
C)Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust,but attorney fees are not awarded to prevailing defendants.
D)Attorney fees are not awarded to prevailing plaintiffs,but if it is determined that a plaintiff's action was frivolous,unreasonable,or without foundation,the courts may award attorney's fees to the prevailing defendant.
E)Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust,and if it is determined that a plaintiff's action was frivolous,unreasonable,or without foundation,the courts may award attorney's fees to the prevailing defendant.
Question
The Age Discrimination in Employment Act (ADEA)applies to private employers having ________ or more employees.

A)50
B)40
C)30
D)20
E)15
Question
Which of the following was recognized by the United States Supreme Court in Oncale v.Sundowner Offshore Services,Inc.,the case in the textbook addressing whether a plaintiff could prevail in a sexual harassment when the harassers were of the same sex?

A)That same-sex sexual harassment constitutes a claim under Title VII of the Civil Rights Act of 1964,but only if the harasser is a homosexual.
B)That same-sex sexual harassment does not constitute a claim under Title VII of the Civil Rights Act of 1964.
C)That same-sex sexual harassment may constitute a claim with respect to a male aggressor and a male victim,but not in the context of a female aggressor and a female victim.
D)That same-sex sexual harassment constitutes a claim under Title VII of the Civil Rights Act of 1964.
E)That same-sex sexual harassment may constitute a claim under Title VII of the Civil Rights Act of 1964,but only if the harassment also involved at least one aggressor or victim of the opposite sex.
Question
The ________ Act is a federal law regulating the payment of wages and overtime.

A)Equal Pay
B)Fair Labor Standards
C)Livable Wage
D)Subsistence Pay
E)Legal and Equitable Pay
Question
The bona fide occupational qualification (BFOQ)defense does not apply to which of the following types of discrimination?

A)Race and color
B)Sex and religion
C)Sex and national origin
D)Race and religion
E)Race and sex
Question
Which of the following is true regarding caps on punitive damages in Title VII cases based on discrimination other than race?

A)Punitive damages are capped at $300,000 for employers of more than 500 employees.
B)Punitive damages are capped at $50,000 for employers of between 100 and 200 employees.
C)Punitive damages are capped at $25,000 for employers of between 25 and 50 employees.
D)Punitive damages are capped at $300,000 for employers of more than 500 employees,$50,000 for employers of between 100 and 200 employees,and $25,000 for employers of between 25 and 50 employees.
E)There is no cap on punitive damages in Title VII cases based on discrimination other than race.
Question
The Fair Labor Standards Act mandates that employees who are not excluded from its coverage and who work more than ________ hours in a week be paid no less than one and one-half times their regular wage for all the hours beyond ________ that they work during a given week.

A)30; 35
B)35; 40
C)40; 40
D)45; 45
E)50; 50
Question
Which of the following is true regarding the rights of employees who smoke?

A)There is a federal law specifically prohibiting employers from firing employees who smoke.
B)There is a federal law specifically prohibiting employers from firing or from refusing to hire employees who smoke.
C)There is a federal law specifically prohibiting employers from firing employees who smoke and from refusing to hire employees who smoke,and it also requires that employers have a designated smoking area.
D)There is no federal law prohibiting employers from firing employees who smoke.
E)There are no state laws prohibiting employers from firing employees who smoke.
Question
The Age Discrimination in Employment Act (ADEA)was enacted to prohibit employers from ________ older workers.

A)refusing to hire
B)discharging
C)discriminating in the terms and conditions of employment against
D)refusing to hire or discharging,but not discriminating in the terms and conditions of employment against,
E)refusing to hire,discharging,or discriminating in the terms and conditions of employment against
Question
A ________ letter is provided to a plaintiff if the Equal Employment Opportunity Commission decides not to sue on behalf of the plaintiff.

A)termination of claim
B)reinstatement
C)referral
D)right-to-sue
E)substantive due process
Question
Which of the following is a defense that allows an employer to discriminate in hiring on the basis of sex,religion,or national origin if doing so is necessary for the performance of the job?

A)Seniority System
B)Merit
C)Bona Fide Occupational Qualification
D)Disparate-Treatment
E)Disparate-Impact
Question
The primary purpose of the Equal Pay Act is to ________.

A)eliminate situations in which women,working alongside men or replacing men,are paid lower wages for doing substantially the same job.
B)eliminate situations in which less qualified men are hired instead of more qualified women.
C)eliminate situations in which women and men are paid less than they deserve for certain types of work.
D)eliminate situations in which women,working alongside men or replacing men,are paid lower wages for doing substantially the same job; to eliminate situations in which less qualified men are hired instead of more qualified women; and to eliminate situations in which women and men are paid less than they deserve for certain types of work.
E)eliminate situations in which women,working alongside men or replacing men,are paid lower wages for doing substantially the same job and to eliminate situations in which less qualified men are hired instead of more qualified women; but not to eliminate situations in which women and men are paid less than they deserve for certain types of work.
Question
Men and women may be paid different wages under the Equal Pay Act when payment is made pursuant to a ________.

A)seniority system
B)merit system
C)system which measures earnings by quantity or quality of production
D)seniority system,a merit system,or a system that measures earnings by quantity or quality of production
E)seniority system or a merit system,but not a system that measures earnings by quantity or quality of production
Question
The Family and Medical Leave Act covers private employers with ________ or more employees.

A)20
B)25
C)50
D)75
E)100
Question
Those who have worked at least ________ prior to the leave are considered eligible employees under the Family and Medical Leave Act.

A)25 hours a week for each of 12 months
B)30 hours a week for each of 12 months
C)35 hours a week for each of 12 months
D)40 hours a week for each of 12 months
E)40 hours a week for each of 24 months
Question
The purpose of the ________ Act is to prevent employers from discriminating against employees and applicants with disabilities.

A)Americans with Disabilities
B)Disabled Americans Rehabilitation
C)Handicapped Americans Rehabilitation and Employment
D)Disabled Americans Support
E)Access to Employment for Otherwise Qualified Workers
Question
Which of the following employees are excluded from the coverage of the Fair Labor Standards Act?

A)Executives
B)Administrative employees
C)Professional employees
D)Executives,administrative employees,and professional employees
E)Executives and professional employees,but not administrative employees
Question
Which of the following is true regarding whether a customer's sexual harassment of an employee may result in employer liability under Title VII of the Civil Rights Act of 1964?

A)An employer cannot be held liable in such cases because the employer has no control over the customer.
B)An employer is liable as a matter of law in such cases because the employer has an absolute duty to provide a work environment that is free of harassment.
C)An employer may be held liable in such cases if the employer knew that the customer repeatedly harassed the employee,yet the employer did nothing to remedy the situation.
D)An employer may be held liable in such cases,but only if quid pro quo harassment is involved.
E)An employer may be held liable in such cases,but only if disparate-impact harassment is involved.
Question
Which of the following is true regarding discrimination based on sexual orientation?

A)Federal law specifically prohibits discrimination based on sexual orientation providing back pay,attorney fees,and punitive damages as available remedies.
B)Federal law specifically prohibits discrimination based on sexual orientation,but it is considered by most courts to be included within Title VII's ban of discrimination based on gender.
C)Federal law specifically prohibits discrimination based on sexual orientation,but it only provides for back pay as an available remedy.
D)No federal laws and no state laws specifically prohibit discrimination based on sexual orientation.
E)While no federal law specifically prohibits discrimination based on sexual orientation,some states do have laws prohibiting discrimination based on sexual orientation.
Question
What is the federal minimum wage?

A)$5.85
B)$6.00
C)$6.50
D)$7.00
E)$7.25
Question
Which of the following is an accurate statement regarding whether an employer may use social media in making hiring decisions?

A)An employer is prohibited by federal law from using social media in making hiring decisions.
B)An employer is prohibited by state law in twenty-one states from using social media in making hiring decisions.
C)An employer is prohibited by state law in seventeen states from using social media in making hiring decisions.
D)An employer may unconditionally and without reservation use social media in making hiring decisions.
E)An employer may use social media in making hiring decisions,if it is done carefully.
Question
The ________ primarily governs the internal operations of labor unions.

A)Taft-Hartley Act
B)National Labor Relations Board
C)Fair Labor Standards Act
D)Wagner Act
E)Landrum-Griffin Act
Question
When is an employer not required to offer an employee the option to continue medical benefits under the Consolidated Omnibus Reconciliation Act (COBRA)?

A)When the employee is fired for gross misconduct.
B)When the employer decides to eliminate benefits for all current employees
C)When the employee quits without notice
D)When the employee is fired for gross misconduct,the employer decides to eliminate benefits for all current employees,or the employee quits without notice.
E)When the employee is fired for gross misconduct or the employer decides to eliminate benefits for all current employees,but not when the employee quits without notice
Question
________ enables employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical,dental or optical benefits have the right to pay to continue receiving benefits for themselves and their dependents under the employer's policy.

A)The Employee Income Security Act
B)The Consolidated Omnibus Budget Reconciliation Act
C)The Family and Medical Leave Act
D)The Fair Labor Standards Act
E)Workers' compensation law
Question
The National Labor Relations Board lacks jurisdiction over ________.

A)employees covered by the Railway Labor Act
B)independent contractors
C)agricultural workers
D)independent contractors and agricultural employees,but has jurisdiction over employees covered by the Railway Labor Act
E)employees covered by the Railway Labor Act,independent contractors,and agricultural workers
Question
Which of the following is false under federal law regarding employer monitoring of employee telephone calls?

A)Employers cannot listen to the private telephone conversations of employees.
B)Employers cannot disclose the content of private telephone conversations of employees.
C)Employers may ban personal calls during working time.
D)To check for compliance,employers may monitor calls so long as they discontinue listening to any conversation once they determine it is personal.
E)Employers must give employees access to a telephone and the ability to make personal phone calls at some point during the workday,and these personal calls may not be monitored.
Question
Employers are required to provide ________ to plan participants under the Employee Retirement Income Security Act (ERISA).

A)plan information (i.e.,features and funding)
B)a grievance and appeals process for participants to get benefits from their plans
C)the right to sue for benefits and breaches of fiduciary duty
D)plan information (i.e.,features and funding),a grievance and appeals process for participants to get benefits from their plans,and the right to sue for benefits and breaches of fiduciary duty
E)plan information (i.e.,features and funding)and a grievance and appeals process for participants to get benefits from their plans,but not the right to sue for benefits and breaches of fiduciary duty,
Question
The ________ Act regulates workplace safety.

A)Occupational Safety and Health
B)Fair Labor Standards
C)Wagner
D)Taft-Hartley
E)Workplace Enhancement
Question
Which of the following is a false statement regarding the Federal Unemployment Tax Act?

A)It provides a federal system to provide unemployment compensation to qualified employees who lose their jobs.
B)Employers must pay taxes to the states which,in turn,deposit the money into the federal government's Unemployment Insurance Fund.
C)Each state has an account from which it can access the money in the federal fund.
D)States have different minimum standards for qualifying for unemployment compensation.
E)Almost all states require that an applicant for unemployment compensation did not voluntarily quit his or her former job.
Question
Which of the following laws govern(s)labor-management relations in the United States?

A)The Wagner Act
B)The Taft-Hartley Act and the Wagner Act
C)The Landrum-Griffin Act and the Taft-Hartley Act
D)The Wagner Act and the Landrum-Griffin Act
E)The Wagner Act,the Taft-Hartley Act,and the Landrum-Griffin Act
Question
The Immigration Reform and Control Act requires employers to verify the identity and eligibility of all individuals hired in the United States after:

A)January 5,2001.
B)December 17,1997.
C)October 3,1995.
D)September 15,1991.
E)November 6,1986.
Question
________ sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in those plans.

A)The Employee Retirement Income Security Act
B)The Employment Benefits Protection Act
C)The Family and Medical Leave Act
D)The Fair Labor Standards Act
E)Workers' compensation law
Question
The Family and Medical Leave Act guarantees all eligible employees up to ________ weeks of unpaid leave during any ________ month period for designated family-related occurrences.

A)4; 24
B)12; 24
C)12; 12
D)20; 12
E)20; 24
Question
For which of the following functions do companies now use social media?

A)Recruiting and employee engagement,but not knowledge sharing and branding
B)Knowledge sharing and branding,but not recruiting and employee engagement
C)Recruiting and knowledge sharing,but not employee engagement and branding
D)Employee engagement and branding,but not recruiting and knowledge sharing
E)Recruiting,employee engagement,knowledge sharing,and branding
Question
Which of the following is an accurate statement regarding the extent to which the National Labor Relations Act (NLRA)protects the rights of employees to act together to address conditions at work?

A)The National Labor Relations Act (NLRA)protects the rights of only union employees to act together to address conditions at work.
B)The National Labor Relations Act (NLRA)protects the rights of union employees to act together to address conditions at work,but this protection does not extend to work-related conversations conducted on social media.
C)The National Labor Relations Act (NLRA)protects the rights of employees to act together to address conditions at work,with or without a union,but this protection does not extend to work-related conversations conducted on social media.
D)The National Labor Relations Act (NLRA)protects the rights of only union employees to act together to address conditions at work,and this protection extends to certain work-related conversations conducted on social media.
E)The National Labor Relations Act (NLRA)protects the rights of employees to act together to address conditions at work,with or without a union,and this protection extends to certain work-related conversations conducted on social media.
Question
Employers are required to provide a(n)________ to employees under the Employee Retirement Income Security Act (ERISA)containing information as to how their benefit plan operates,the benefits under the plan,how to apply for such benefits,and other information.

A)summary plan description
B)benefits declaration statement
C)ERISA benefits guide
D)prospectus
E)benefits offering
Question
How much must an employee pay in order to continue health benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA)?

A)One-half the policy premiums.
B)All the policy premiums,plus up to a 5 percent administrative fee.
C)Only the percentage of policy premiums the employee paid while he or she was employed.
D)All the policy premiums,plus up to a 2 percent administration fee.
E)Nothing,since COBRA requires the employer to pay for all health insurance-related premiums.
Question
The ________ Act is also known as the Labor-Management Relations Act.

A)Taft-Hartley
B)Occupational Safety and Health
C)Fair Labor Standards
D)Wagner
E)Landrum-Griffin
Question
Which of the following consists of negotiations between an employer and a group of employees so as to determine the conditions of employment?

A)Collective bargaining
B)Mediation
C)Binding arbitration
D)Non-binding arbitration
E)Collusive bargaining
Question
The ________ interprets and enforces the National Labor Relations Act.

A)Committee for Responsible Labor-Management Negotiations
B)Senate Select Oversight Committee on Labor-Management Relations
C)National Labor Relations Board
D)Occupational Safety and Health Administration
E)Federal Trade Commission
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Deck 24: Employment and Discrimination Law
1
A plaintiff may seek legal,but not equitable,remedies for violations of Title VII of the Civil Rights Act of 1964.
False
Explanation: A plaintiff may seek both legal and equitable remedies for violations of Title VII of the Civil Rights Act of 1964.
2
The Family and Medical Leave Act guarantees all eligible employees up to 12 weeks of paid leave during any 12-month period of employment.
False
Explanation: The Family and Medical Leave Act guarantees all eligible employees (those who have worked at least 25 hours a week for each of 12 months prior to the leave)up to 12 weeks of unpaid leave during any 12-month period of employment for any of the following family-related occurrences: a)the birth of a child; b)the adoption of a child; c)the placement of a foster child in the employee's care; d)the care of a seriously ill spouse,parent,or child; or e)a serious health condition that renders the employee unable to perform any of the essential functions of his or her job.
3
Only federal legislation prohibits discrimination on the basis of sexual orientation.
False
Explanation: No federal legislation currently prohibits discrimination based on sexual orientation.However,state laws prohibiting such discrimination exist in twenty-one states and one district.
4
Workers' compensation laws ensure that covered workers who are injured on the job can receive financial compensation by suing their employer.
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5
The bona fide occupational qualification (BFOQ)defense allows an employer to discriminate in hiring on the basis of sex,religion,or national origin when doing so is necessary for the performance of the job.
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6
Today,the percentage of workers belonging to a union in the United States is higher than the percentage of workers belonging to a union in the years immediately following World War II.
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7
Remedies for Americans with Disabilities Act violations are similar to those available under Title VII of the Civil Rights Act of 1964.
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8
Under the Americans with Disabilities Act,employers must make reasonable accommodations for known physical or mental disabilities of an otherwise qualified person with a disability unless the necessary accommodations would impose an undue burden on the employer's business.
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9
State laws may give employees more,but not less,protection than federal laws.
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10
Title VII of the Civil Rights Acts of 1964 applies to all employers,regardless of the number of employees they have.
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11
Same-sex harassment is not recognized by Title VII of the Civil Rights Act of 1964.
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12
In the United States,the concept of at-will employment is a relatively modern concept first recognized in the 1950s.
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13
It is usually more difficult to prove disparate-treatment discrimination than it is to prove disparate-impact discrimination.
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14
Filing a claim under Title VII of the Civil Rights Act of 1964 is procedurally similar to filing a civil lawsuit.
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15
Only sexual harassment,a form of gender discrimination,can constitute a hostile work environment.
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16
Under at-will employment,an employee may quit at any time.
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17
Today,an employee who is not employed under a contract for a set duration or under a collective bargaining agreement is considered an at-will employee.
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18
Two distinct forms of sexual harassment are recognized: per se sexual harassment and res ipsa loquitur sexual harassment.
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19
Employees are protected in the workplace by federal,not state,laws.
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20
Disparate treatment occurs when an employer intentionally discriminates against an employee based upon the employee's membership in a protected class.
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21
Which of the following was the result in Teresa Harris v.Forklift Systems,Inc.,the case in the textbook in which the United States Supreme Court addressed the issue of whether an employee must suffer serious psychological damage in order to pursue damages for a claim of sexual harassment?

A)That Title VII is limited to "economic" or "tangible" discrimination,and that a plaintiff may not recover unless psychological damages were sufficiently severe to result in an economic impact on the plaintiff's ability to work.
B)That under Title VII,an economic impact on the plaintiff's ability to earn is unnecessary,but the plaintiff must demonstrate serious psychological damage.
C)That under Title VII,so long as the environment would reasonably be perceived,and is perceived,as hostile or abusive,there is no need for it to also be psychologically injurious.
D)That under Title VII,so long as the environment is subjectively perceived as hostile or abusive,there is no need for it to also be psychologically injurious.
E)That under Title VII,whether an environment is psychologically injurious may not be admitted into evidence because such evidence is irrelevant.
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22
Which of the following organizations are covered by Title VII of the Civil Rights Act of 1964?

A)Indian tribes
B)Private clubs
C)Unions
D)Private clubs and unions,but not Indian tribes
E)Indian tribes,private clubs,and unions
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23
According to the ________ doctrine,an employee may be fired for almost any reason.

A)employment flexibility
B)employment-at-will
C)National Labor Relations
D)commercial equity
E)labor-management equity
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24
Through which of the following theories can an employee-plaintiff prove discrimination under Title VII of the Civil Rights Act of 1964?

A)Disparate treatment
B)Disparate impact
C)Disparate equity
D)Disparate treatment,disparate impact,and disparate equity
E)Disparate treatment and disparate impact,but not disparate equity
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25
The Age Discrimination in Employment Act of 1967 prohibits employers from refusing to hire,discharging,or discriminating in terms and conditions of employment against employees or applicants age ________ or older.

A)21
B)35
C)40
D)55
E)62
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26
Discrimination based upon ________ is protected by Title VII of the Civil Rights Act of 1964.

A)race and color
B)race,color,and religion
C)race,color,religion,and sex
D)race,color,religion,sex,and national origin
E)race,color,religion,sex,national origin,and age
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27
In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally,its actual effect is that it disproportionately limits employment opportunities for a protected class?

A)Disparate-treatment
B)Disparate-impact
C)Disparate-equity
D)Differential-equity
E)Deleterious-treatment
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28
In the United States,the concept of at-will employment applied in all states until ________.

A)1920
B)1932
C)1944
D)1959
E)1964
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29
Under Title VII of the Civil Rights Act of 1964,which of the following occurs procedurally after an employee-plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

A)The plaintiff wins by default judgment or by summary judgment.
B)The burden of proof shifts to the employer-defendant to articulate a legitimate,nondiscriminatory business reason for the discharge.
C)The burden of proof shifts to the employer-defendant to establish beyond reasonable doubt that the alleged discrimination did not occur.
D)The burden of proof remains with the employee-plaintiff to prove discrimination beyond reasonable doubt,the standard of proof in a disparate-treatment case.
E)The burden of proof remains with the employee-plaintiff to establish damages to a reasonable degree of evidentiary certainty.
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30
Which title of the Civil Rights Act of 1964 deals with discrimination in employment?

A)VII
B)VI
C)V
D)IV
E)III
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31
The Taft-Hartley Act was designed to expand some of the powers unions had acquired under the Wagner Act.
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32
________ expands the definition of sex discrimination based on gender.

A)Title IV of the Civil Rights Act of 1984
B)The Pregnancy Discrimination Act of 1987
C)The Expectant Mother's Protection Act of 1967
D)Title IX of the Civil Rights Act of 1991
E)The Family and Medical Leave Act of 1993
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33
The primary function of the National Labor Relations Board is to engage in congressional lobbying efforts to ensure that both union and non-union workers receive a livable wage.
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34
The National Labor Relations Board can order union and management to reach an agreement with respect to wages,hours,and other terms and conditions of work.
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35
Which of the following was the result on appeal in Polkey v.Transtrecs Corp.,the case in the textbook in which the employee sued after being fired for refusing to take a polygraph test?

A)That the employee had no cause of action under the Employee Polygraph Protection Act because of the employment-at-will doctrine,and the Employee Polygraph Protection Act only applies to federal government employees and members of the United States Congress.
B)That the employee could not prevail under the Employee Polygraph Protection Act because her employer contracted with the government,and national security was involved.
C)That the employee could not prevail under the Employee Polygraph Protection Act because the employer instituted polygraph testing as part of an ongoing investigation.
D)That the employee could not prevail under the Employee Polygraph Protection Act because her employer instituted polygraph testing as part of an ongoing investigation and because of national security issues involved with the employer's contract with the government.
E)That the employee could prevail under the Employee Polygraph Protection Act.
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36
________ protects employees against discrimination and harassment based upon race,color,religion,national origin,and sex.

A)Title VII of the Civil Rights Act of 1964
B)Title IX of the Civil Rights Act of 1981
C)The Age Discrimination in Employment Act of 1967
D)The American with Disabilities Act of 1990
E)The Equal Pay Act of 1963
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37
Under Title VII of the Civil Rights Act of 1964,a successful plaintiff may be awarded which of the following type(s)of remedies?

A)Punitive damages
B)Remedial seniority
C)Compensatory damages
D)Remedial seniority and/or compensatory damages,but not punitive damages
E)Punitive damages,remedial seniority,and/or compensatory damages
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38
Which of the following is the first step in a three-step process of proving disparate-treatment discrimination in employment under Title VII of the Civil Rights Act of 1964?

A)The employee-plaintiff must demonstrate a prima facie case of discrimination.
B)The employer-defendant must articulate a legitimate,nondiscriminatory business reason for the action.
C)The employer-defendant must articulate a legitimate,discriminatory business reason for the action.
D)The employer-defendant must demonstrate a prima facie case of non-discrimination.
E)The employee-plaintiff must show that the reason given by the employer-defendant is a mere pretext.
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39
________ cases are also known as unintentional discrimination cases.

A)Disparate-treatment
B)Disparate-impact
C)Disparate-equity
D)Differential-equity
E)Deleterious-treatment
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40
Title VII of the Civil Rights Act of 1964 applies to employers who have ________ or more employees for ________ consecutive weeks within one year and who are engaged in a business that affects commerce.

A)15; 20
B)50; 20
C)15; 30
D)20; 50
E)20; 52
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41
Which of the following is true regarding an award of attorney fees under Title VII?

A)Attorney fees are always awarded to the prevailing party in Title VII cases.
B)Attorney fees are never awarded to the prevailing party in Title VII cases.
C)Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust,but attorney fees are not awarded to prevailing defendants.
D)Attorney fees are not awarded to prevailing plaintiffs,but if it is determined that a plaintiff's action was frivolous,unreasonable,or without foundation,the courts may award attorney's fees to the prevailing defendant.
E)Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust,and if it is determined that a plaintiff's action was frivolous,unreasonable,or without foundation,the courts may award attorney's fees to the prevailing defendant.
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42
The Age Discrimination in Employment Act (ADEA)applies to private employers having ________ or more employees.

A)50
B)40
C)30
D)20
E)15
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43
Which of the following was recognized by the United States Supreme Court in Oncale v.Sundowner Offshore Services,Inc.,the case in the textbook addressing whether a plaintiff could prevail in a sexual harassment when the harassers were of the same sex?

A)That same-sex sexual harassment constitutes a claim under Title VII of the Civil Rights Act of 1964,but only if the harasser is a homosexual.
B)That same-sex sexual harassment does not constitute a claim under Title VII of the Civil Rights Act of 1964.
C)That same-sex sexual harassment may constitute a claim with respect to a male aggressor and a male victim,but not in the context of a female aggressor and a female victim.
D)That same-sex sexual harassment constitutes a claim under Title VII of the Civil Rights Act of 1964.
E)That same-sex sexual harassment may constitute a claim under Title VII of the Civil Rights Act of 1964,but only if the harassment also involved at least one aggressor or victim of the opposite sex.
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44
The ________ Act is a federal law regulating the payment of wages and overtime.

A)Equal Pay
B)Fair Labor Standards
C)Livable Wage
D)Subsistence Pay
E)Legal and Equitable Pay
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45
The bona fide occupational qualification (BFOQ)defense does not apply to which of the following types of discrimination?

A)Race and color
B)Sex and religion
C)Sex and national origin
D)Race and religion
E)Race and sex
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46
Which of the following is true regarding caps on punitive damages in Title VII cases based on discrimination other than race?

A)Punitive damages are capped at $300,000 for employers of more than 500 employees.
B)Punitive damages are capped at $50,000 for employers of between 100 and 200 employees.
C)Punitive damages are capped at $25,000 for employers of between 25 and 50 employees.
D)Punitive damages are capped at $300,000 for employers of more than 500 employees,$50,000 for employers of between 100 and 200 employees,and $25,000 for employers of between 25 and 50 employees.
E)There is no cap on punitive damages in Title VII cases based on discrimination other than race.
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47
The Fair Labor Standards Act mandates that employees who are not excluded from its coverage and who work more than ________ hours in a week be paid no less than one and one-half times their regular wage for all the hours beyond ________ that they work during a given week.

A)30; 35
B)35; 40
C)40; 40
D)45; 45
E)50; 50
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48
Which of the following is true regarding the rights of employees who smoke?

A)There is a federal law specifically prohibiting employers from firing employees who smoke.
B)There is a federal law specifically prohibiting employers from firing or from refusing to hire employees who smoke.
C)There is a federal law specifically prohibiting employers from firing employees who smoke and from refusing to hire employees who smoke,and it also requires that employers have a designated smoking area.
D)There is no federal law prohibiting employers from firing employees who smoke.
E)There are no state laws prohibiting employers from firing employees who smoke.
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49
The Age Discrimination in Employment Act (ADEA)was enacted to prohibit employers from ________ older workers.

A)refusing to hire
B)discharging
C)discriminating in the terms and conditions of employment against
D)refusing to hire or discharging,but not discriminating in the terms and conditions of employment against,
E)refusing to hire,discharging,or discriminating in the terms and conditions of employment against
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50
A ________ letter is provided to a plaintiff if the Equal Employment Opportunity Commission decides not to sue on behalf of the plaintiff.

A)termination of claim
B)reinstatement
C)referral
D)right-to-sue
E)substantive due process
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51
Which of the following is a defense that allows an employer to discriminate in hiring on the basis of sex,religion,or national origin if doing so is necessary for the performance of the job?

A)Seniority System
B)Merit
C)Bona Fide Occupational Qualification
D)Disparate-Treatment
E)Disparate-Impact
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52
The primary purpose of the Equal Pay Act is to ________.

A)eliminate situations in which women,working alongside men or replacing men,are paid lower wages for doing substantially the same job.
B)eliminate situations in which less qualified men are hired instead of more qualified women.
C)eliminate situations in which women and men are paid less than they deserve for certain types of work.
D)eliminate situations in which women,working alongside men or replacing men,are paid lower wages for doing substantially the same job; to eliminate situations in which less qualified men are hired instead of more qualified women; and to eliminate situations in which women and men are paid less than they deserve for certain types of work.
E)eliminate situations in which women,working alongside men or replacing men,are paid lower wages for doing substantially the same job and to eliminate situations in which less qualified men are hired instead of more qualified women; but not to eliminate situations in which women and men are paid less than they deserve for certain types of work.
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53
Men and women may be paid different wages under the Equal Pay Act when payment is made pursuant to a ________.

A)seniority system
B)merit system
C)system which measures earnings by quantity or quality of production
D)seniority system,a merit system,or a system that measures earnings by quantity or quality of production
E)seniority system or a merit system,but not a system that measures earnings by quantity or quality of production
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54
The Family and Medical Leave Act covers private employers with ________ or more employees.

A)20
B)25
C)50
D)75
E)100
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55
Those who have worked at least ________ prior to the leave are considered eligible employees under the Family and Medical Leave Act.

A)25 hours a week for each of 12 months
B)30 hours a week for each of 12 months
C)35 hours a week for each of 12 months
D)40 hours a week for each of 12 months
E)40 hours a week for each of 24 months
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56
The purpose of the ________ Act is to prevent employers from discriminating against employees and applicants with disabilities.

A)Americans with Disabilities
B)Disabled Americans Rehabilitation
C)Handicapped Americans Rehabilitation and Employment
D)Disabled Americans Support
E)Access to Employment for Otherwise Qualified Workers
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57
Which of the following employees are excluded from the coverage of the Fair Labor Standards Act?

A)Executives
B)Administrative employees
C)Professional employees
D)Executives,administrative employees,and professional employees
E)Executives and professional employees,but not administrative employees
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58
Which of the following is true regarding whether a customer's sexual harassment of an employee may result in employer liability under Title VII of the Civil Rights Act of 1964?

A)An employer cannot be held liable in such cases because the employer has no control over the customer.
B)An employer is liable as a matter of law in such cases because the employer has an absolute duty to provide a work environment that is free of harassment.
C)An employer may be held liable in such cases if the employer knew that the customer repeatedly harassed the employee,yet the employer did nothing to remedy the situation.
D)An employer may be held liable in such cases,but only if quid pro quo harassment is involved.
E)An employer may be held liable in such cases,but only if disparate-impact harassment is involved.
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59
Which of the following is true regarding discrimination based on sexual orientation?

A)Federal law specifically prohibits discrimination based on sexual orientation providing back pay,attorney fees,and punitive damages as available remedies.
B)Federal law specifically prohibits discrimination based on sexual orientation,but it is considered by most courts to be included within Title VII's ban of discrimination based on gender.
C)Federal law specifically prohibits discrimination based on sexual orientation,but it only provides for back pay as an available remedy.
D)No federal laws and no state laws specifically prohibit discrimination based on sexual orientation.
E)While no federal law specifically prohibits discrimination based on sexual orientation,some states do have laws prohibiting discrimination based on sexual orientation.
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60
What is the federal minimum wage?

A)$5.85
B)$6.00
C)$6.50
D)$7.00
E)$7.25
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61
Which of the following is an accurate statement regarding whether an employer may use social media in making hiring decisions?

A)An employer is prohibited by federal law from using social media in making hiring decisions.
B)An employer is prohibited by state law in twenty-one states from using social media in making hiring decisions.
C)An employer is prohibited by state law in seventeen states from using social media in making hiring decisions.
D)An employer may unconditionally and without reservation use social media in making hiring decisions.
E)An employer may use social media in making hiring decisions,if it is done carefully.
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62
The ________ primarily governs the internal operations of labor unions.

A)Taft-Hartley Act
B)National Labor Relations Board
C)Fair Labor Standards Act
D)Wagner Act
E)Landrum-Griffin Act
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63
When is an employer not required to offer an employee the option to continue medical benefits under the Consolidated Omnibus Reconciliation Act (COBRA)?

A)When the employee is fired for gross misconduct.
B)When the employer decides to eliminate benefits for all current employees
C)When the employee quits without notice
D)When the employee is fired for gross misconduct,the employer decides to eliminate benefits for all current employees,or the employee quits without notice.
E)When the employee is fired for gross misconduct or the employer decides to eliminate benefits for all current employees,but not when the employee quits without notice
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64
________ enables employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical,dental or optical benefits have the right to pay to continue receiving benefits for themselves and their dependents under the employer's policy.

A)The Employee Income Security Act
B)The Consolidated Omnibus Budget Reconciliation Act
C)The Family and Medical Leave Act
D)The Fair Labor Standards Act
E)Workers' compensation law
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65
The National Labor Relations Board lacks jurisdiction over ________.

A)employees covered by the Railway Labor Act
B)independent contractors
C)agricultural workers
D)independent contractors and agricultural employees,but has jurisdiction over employees covered by the Railway Labor Act
E)employees covered by the Railway Labor Act,independent contractors,and agricultural workers
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66
Which of the following is false under federal law regarding employer monitoring of employee telephone calls?

A)Employers cannot listen to the private telephone conversations of employees.
B)Employers cannot disclose the content of private telephone conversations of employees.
C)Employers may ban personal calls during working time.
D)To check for compliance,employers may monitor calls so long as they discontinue listening to any conversation once they determine it is personal.
E)Employers must give employees access to a telephone and the ability to make personal phone calls at some point during the workday,and these personal calls may not be monitored.
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67
Employers are required to provide ________ to plan participants under the Employee Retirement Income Security Act (ERISA).

A)plan information (i.e.,features and funding)
B)a grievance and appeals process for participants to get benefits from their plans
C)the right to sue for benefits and breaches of fiduciary duty
D)plan information (i.e.,features and funding),a grievance and appeals process for participants to get benefits from their plans,and the right to sue for benefits and breaches of fiduciary duty
E)plan information (i.e.,features and funding)and a grievance and appeals process for participants to get benefits from their plans,but not the right to sue for benefits and breaches of fiduciary duty,
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68
The ________ Act regulates workplace safety.

A)Occupational Safety and Health
B)Fair Labor Standards
C)Wagner
D)Taft-Hartley
E)Workplace Enhancement
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69
Which of the following is a false statement regarding the Federal Unemployment Tax Act?

A)It provides a federal system to provide unemployment compensation to qualified employees who lose their jobs.
B)Employers must pay taxes to the states which,in turn,deposit the money into the federal government's Unemployment Insurance Fund.
C)Each state has an account from which it can access the money in the federal fund.
D)States have different minimum standards for qualifying for unemployment compensation.
E)Almost all states require that an applicant for unemployment compensation did not voluntarily quit his or her former job.
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70
Which of the following laws govern(s)labor-management relations in the United States?

A)The Wagner Act
B)The Taft-Hartley Act and the Wagner Act
C)The Landrum-Griffin Act and the Taft-Hartley Act
D)The Wagner Act and the Landrum-Griffin Act
E)The Wagner Act,the Taft-Hartley Act,and the Landrum-Griffin Act
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71
The Immigration Reform and Control Act requires employers to verify the identity and eligibility of all individuals hired in the United States after:

A)January 5,2001.
B)December 17,1997.
C)October 3,1995.
D)September 15,1991.
E)November 6,1986.
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72
________ sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in those plans.

A)The Employee Retirement Income Security Act
B)The Employment Benefits Protection Act
C)The Family and Medical Leave Act
D)The Fair Labor Standards Act
E)Workers' compensation law
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73
The Family and Medical Leave Act guarantees all eligible employees up to ________ weeks of unpaid leave during any ________ month period for designated family-related occurrences.

A)4; 24
B)12; 24
C)12; 12
D)20; 12
E)20; 24
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74
For which of the following functions do companies now use social media?

A)Recruiting and employee engagement,but not knowledge sharing and branding
B)Knowledge sharing and branding,but not recruiting and employee engagement
C)Recruiting and knowledge sharing,but not employee engagement and branding
D)Employee engagement and branding,but not recruiting and knowledge sharing
E)Recruiting,employee engagement,knowledge sharing,and branding
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75
Which of the following is an accurate statement regarding the extent to which the National Labor Relations Act (NLRA)protects the rights of employees to act together to address conditions at work?

A)The National Labor Relations Act (NLRA)protects the rights of only union employees to act together to address conditions at work.
B)The National Labor Relations Act (NLRA)protects the rights of union employees to act together to address conditions at work,but this protection does not extend to work-related conversations conducted on social media.
C)The National Labor Relations Act (NLRA)protects the rights of employees to act together to address conditions at work,with or without a union,but this protection does not extend to work-related conversations conducted on social media.
D)The National Labor Relations Act (NLRA)protects the rights of only union employees to act together to address conditions at work,and this protection extends to certain work-related conversations conducted on social media.
E)The National Labor Relations Act (NLRA)protects the rights of employees to act together to address conditions at work,with or without a union,and this protection extends to certain work-related conversations conducted on social media.
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76
Employers are required to provide a(n)________ to employees under the Employee Retirement Income Security Act (ERISA)containing information as to how their benefit plan operates,the benefits under the plan,how to apply for such benefits,and other information.

A)summary plan description
B)benefits declaration statement
C)ERISA benefits guide
D)prospectus
E)benefits offering
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77
How much must an employee pay in order to continue health benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA)?

A)One-half the policy premiums.
B)All the policy premiums,plus up to a 5 percent administrative fee.
C)Only the percentage of policy premiums the employee paid while he or she was employed.
D)All the policy premiums,plus up to a 2 percent administration fee.
E)Nothing,since COBRA requires the employer to pay for all health insurance-related premiums.
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78
The ________ Act is also known as the Labor-Management Relations Act.

A)Taft-Hartley
B)Occupational Safety and Health
C)Fair Labor Standards
D)Wagner
E)Landrum-Griffin
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79
Which of the following consists of negotiations between an employer and a group of employees so as to determine the conditions of employment?

A)Collective bargaining
B)Mediation
C)Binding arbitration
D)Non-binding arbitration
E)Collusive bargaining
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80
The ________ interprets and enforces the National Labor Relations Act.

A)Committee for Responsible Labor-Management Negotiations
B)Senate Select Oversight Committee on Labor-Management Relations
C)National Labor Relations Board
D)Occupational Safety and Health Administration
E)Federal Trade Commission
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