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Question
Proof of an employer's discriminatory motive is immaterial in a disparate treatment case.Answer
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Related questions
Q:
Marble Industries hired virtually all of its employees from Union High School, which was overwhelmingly white in its racial makeup. Accordingly, there were virtually no nonwhite employees employed by Marble Industries. The work that these employees performed was work that any reasonably capable high school graduate could do. When organizations representing nonwhites questioned the policy, the personnel director indicated that Union High School graduates were hired because they had worked successfully for the company and because the president of the company had graduated from that school. There was no evidence that there was any plan or intention to discriminate against nonwhites. Discuss the possibility that this policy may violate Title VII of the Civil Rights Act.
Q:
Generally, what would not be considered a "reasonable accommodation" for persons with disabilities?
a. making an accommodation that would constitute an "undue hardship" for the employer
b. making existing facilities accessible to and usable by individuals with disabilities
c. modifying work schedules
d. restructuring jobs
Q:
When an employer intentionally treats some employees less favorably than others, the legal theory that applies is:
a. disparate impact.
b. affirmative action.
c. reverse discrimination.
d. disparate treatment.
Q:
"Race norming," a process whereby the results of hiring and promotion tests are adjusted to ensure that a minimum number of minorities are included in application pools, is a lawful form of affirmative action.
Q:
An employer can be held liable for the sexual harassment of an employee by a supervisor.
Q:
Under which circumstance will an employee not be entitled to Workers' Compensation benefits for an on-the-job injury?
a. an injury that is the result of an employee's own negligence
b. an injury that is the result of an employee's own gross negligence
c. an injury that is caused by a fellow employee
d. an injury that is the result of an employee's intoxication
Q:
The federal-state system that provides unemployment compensation under the Social Security Act of 1935 excludes all of the following categories of employees except:
a. agricultural employees.
b. domestic employees.
c. state and local government employees.
d. all of the above are excluded from coverage.
Q:
ERISA establishes an insurance plan to protect employees when the employer goes out of business. To provide this protection, the statute created a:
a. pension surety system.
b. Pension Benefit Guaranty Corporation.
c. Pension Accrual Compensation System.
d. bond system of payment.
Q:
Which of the following is a permissive subject of bargaining as opposed to a mandatory subject of bargaining?
a. wages
b. hours
c. benefits for already retired workers
d. no-strike no-lockout clauses
Q:
In the absence of an express or implied agreement to the contrary, the inventions of an employee belong to:
a. the employer.
b. the employee.
c. the employer, if the time and the property of the employer is involved.
d. none of the above.
Q:
An employer may be justified in discharging an employee because of the employee's:
a. nonperformance of duties.
b. incompetency.
c. serious misconduct.
d. all of the above.
Q:
If a prospective employee with a "foreign accent" offers a driver's license and a Social Security card to verify employment eligibility in the United States but the employer requires a certificate of U.S. citizenship or a "green card" instead, the employer has committed an unfair immigration practice.
Q:
"Right-to-know" laws in some states guarantee employees the right to know if there are hazardous substances in their workplaces.
Q:
Vesting refers to the ability of an employer to reclaim all of the funds it may have paid into a former employee's retirement fund upon that employee's decision to resign.
Q:
"Permissive" subjects of bargaining include seniority provisions, promotions, layoff and recall provisions, no-strike no-lockout clauses, and grievance procedures.
Q:
In some states, a "service-letter" statute requires an employer on request to furnish a discharged employee with a letter stating the reason for the discharge.
Q:
Collective bargaining contracts govern the rights of employers and employees only in public sectors of employment.
Q:
Employment law is based on a combination of contract law and the law established by courts, lawmakers, and administrative agencies.
Q:
Algonquin Industries was a small business that hired mostly recent immigrants to the United States and paid them a minimum wage. The business prospered and people began to come around to organize the workers into a union. Officials of Algonquin spoke against the advisability of joining the union. Finally, a date for a certification vote was set. In the days leading up to the vote, Algonquin officials began to intimate that those workers who voted against the union would receive overtime opportunities "as they became available." A charge has been brought that this is an unfair labor practice. Decide.
Q:
Tom Creighton hired Destroy, Inc., a demolition company, to level an old building on a busy downtown lot. Destroy, Inc. was given full rein to decide on the amount of explosives needed and the placement of the charges. Security for the site on the day of the explosion was contracted out to a private security firm. When the appointed day arrived, the building was brought down. However, the building fell in a slightly different direction than that anticipated by Destroy, Inc. Numerous pieces of adjoining property, both real and personal, were severely damaged. Creighton claims that the use of an independent contractor such as Destroy, Inc. has insulated him from liability. How do you respond to Creighton's claim?
Q:
Which of the following parties has the power to bind an organization to a contract?
a. a soliciting agent for the organization
b. a contracting agent for the organization
c. a sales agent for the organization
d. none of the above.
Q:
When a business owner uses an independent contractor to perform nonhazardous work, the owner ordinarily is:
a. not liable for harm to third persons or their property.
b. not bound to contracts made by the independent contractor.
c. not liable for the negligence of employees of the independent contractor.
d. all of the above.
Q:
The concept of imposing liability for the fault of another is known as __________ liability.
a. imperious
b. gregarious
c. vicarious
d. virtual
Q:
A partially disclosed principal is:
a. liable for a simple contract made by an authorized agent.
b. not liable for a simple contract made by an authorized agent.
c. solely liable on a simple contract made by an authorized agent.
d. shielded from any liability, as an authorized agent is solely liable for any simple contracts made on behalf of the partially disclosed principal..
Q:
The agent of a disclosed principal is liable for harm caused to third persons by:
a. the fraudulent acts of the agent.
b. the malicious acts of the agent.
c. both a. and b.
d. none of the above.
Q:
When a person makes a contract as an agent for another but lacks authority to do so, the contract:
a. binds the principal but not the agent.
b. binds the principal and the agent.
c. does not bind the principal.
d. none of the above.
Q:
Which of the following is a defense to an action against an agent for breach of the implied warranty of authority?
a. The agent acted in good faith.
b. The agent misunderstood the scope of authority.
c. The third person knew that the agent was acting beyond the authority given by the principal.
d. All of the above are correct.
Q:
An agent making a proper contract with a third person on behalf of a disclosed principal:
a. has no personal liability on the contract.
b. is liable only to the principal on the contract.
c. is liable only to the third party on the contract.
d. is personally liable to both the principal and the third person on the contract.
Q:
Hiring an individual with a criminal record is conclusive proof that the employer is liable for the tort of negligent hiring.
Q:
A principal is not bound by statements made by an agent during the transaction of business that is within the scope of the agent's authority.