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Q:
Employment practices without business justification applied to all employees that result in a less favorable effect for one group than for another group may state a claim for:
a. disparate treatment
b. disparate impact
c. inclusion
d. reasonable accommodation
Q:
In order to be covered by the ADA (Americans with Disabilities Act), a disability must be ongoing and permanent for the foreseeable future.
a. True
b. False
Q:
The Equal Employment Opportunity Commission (EEOC) favors English-only rules because they decrease the ability for people to stereotype based on national origin or ethnicity and thus decrease illegal workplace discrimination.
a. True
b. False
Q:
To establish a prima facie case of religious discrimination, the employee has to show all of the following except which one:
a. That religion has been a significant part of the employee's life for a significant amount of time.
b. That the employee has a sincerely held religious belief.
c. That the employer was on notice that the religious belief was in conflict with the employer's request.
d. That there was a negative employment action based on a conflict between the religious belief and the employment requirement.
Q:
Which of the following federal government agencies is charged with enforcing Title VII of the Civil Rights Act of 1964?
a. U.S. Department of Labor
b. Merit Systems Protection Board
c. Office of Personnel Management
d. Equal Employment Opportunity Commission
Q:
Title VII specifically addresses the issues of affirmative action, sexual harassment, and same-sex marriage.
a. True
b. False
Q:
A mayor serving in a major metropolitan area receives an internal memorandum indicating personnel at many police stations are single-race. At the time of the report, thirty percent of the police force was black or Hispanic. She immediately calls a press conference and orders transfers of police officers to achieve racial balance across the city. The transferred police officers sue on constitutional grounds. Assuming just these facts, what is the strongest argument that might be advanced by the transferred officers based on constitutional grounds?
a. Executive action by the mayor is unconstitutional because there was no rational relationship to a valid governmental purpose.
b. The action is "void for vagueness" since transferred police officers must unnecessarily guess at the underlying public policy of the transfer process.
c. The mayor's policy used race as the basis for transfers, and assignments are subject to strict scrutiny.
d. The transfer can be set aside based on intermediate or heightened level of scrutiny.
Q:
Equal protection is the constitutional guarantee:
a. that empowers Congress to regulate equally distributed commerce with foreign Nations, and among the several States, and with the Indian Tribes.
b. that laws made in pursuance of the Constitution and all treaties made under the authority of the United States shall be the equally protected as the "supreme law of the land."
c. embodied in the Fourteenth Amendment to the U.S. Constitution.
d. that grants and distributes power and responsibilities to national and state governments.
Q:
Under the Genetic Information Nondiscrimination Act of 2008 (GINA) it is unlawful for an employer to request, require or purchase genetic information related to employees of their families. List at least three exceptions to this rule.
Q:
Discuss the privacy expectations of millennial employees.
Q:
The term "privacy" does not appear anywhere in the Constitution of the United States. Discuss (meaning share your opinion and support it with anecdotes or evidence) whether or not the Supreme Court was correct in "finding" privacy in the Constitution.
PAGE: 103 - 104
Q:
Discuss Lewis Maltby's proposition that employers should not do drug testing (or other testing related to off-work conduct) but should instead focus on impairment testing when an employee is entering the workplace.
Q:
Briefly describe what Alan Westin believes are the "functions of privacy."
Q:
Name the two main factors that most courts use in determining whether or not electronic monitoring of employees is an invasion of privacy.
Q:
Discuss the employee claims that counter businesses' justification of electronic surveillance.
Q:
Since a corporation is a "person" in the eyes of the law, a corporation's constitutional right to privacy is identical to a natural person's rights.
a. True
b. False
Q:
The 2004 Heath Information and Portability and Accountability Act (HIPPA):
a. requires consent for medical information to be accessed and shared.
b. prohibits discriminatory use of pre-employment medical tests.
c. prohibits employers from requesting genetic information as part of a post-offer medical exam.
d. All of these statements are true.
Q:
When it comes to employment and social media:
I. Every U.S. law dealing with employee privacy grants significant deference to an employer's legitimate business interest.
II. U.S employers may legally canvass social media sites for information on employees and potential employees and act upon the information found.
III. When an employer finds and uses social media information to reprimand or fire an employee, the employer is obligated to disclose the method of gaining that information to the employee.
IV. Statutes that specially govern the intersection of social media and workplace privacy were enacted in 2013.
a. I and II only
b. I, II and III only.
c. I, II and IV only
d. I, II, III and IV
Q:
Privacy rights are triggered under the Fourth Amendment:
a. when a corporation has authorized an agent with direct authority to perform an electronic search of an employee's e-mail account.
b. upon issuance of a subpoena duces tecum to bring electronic data (e-mails, files, etc.) including electronic metadata such as headers, directional information, and other such useful tracking data.
c. when the government is conducting a search.
d. during an archival search of e-mails on a corporation's server.
Q:
Which of the following is NOT one of the three privacy rights created by the Supreme Court through its interpretation of various constitutional amendments?
a. The government cannot interfere with the choices adults make about their private family and sexual life.
b. An individual's medical history cannot be publicized by the government.
c. Individuals are protected against unwarranted invasion of privacy by private corporations.
d. Corporations are protected against unreasonable government searches or seizures.
Q:
According to the article, Can They Do That? By Lew Maltby:
a. A job candidate who has been arrested will probably not be disqualified unless the candidate was found guilty.
b. Psychological tests are a good way to determine a job candidate's honesty.
c. Employees who are being treated unfairly can protect themselves by joining a union.
d. Credit score can keep you from getting a job, even if it doesn"t involve handling money.
Q:
A majority of states have enacted off-the-job privacy protection laws. What is the LEAST effective argument by an employer to regulate off-the-clock activities in a state that has not enacted such lifestyle rights legislation?
a. It will provide a healthy work force.
b. Unregulated employees are less productive.
c. There is no invasion of privacy since the employee is "at will."
d. It will prevent higher health care and insurance costs.
Q:
It is illegal to increase a specific employee's health insurance premiums based on the employee's lifestyle.
a. True
b. False
Q:
According to the article excerpted in the text entitled, The Functions of Privacy, by Alan Westin, privacy has several functions in today's society. These include:
a. Total freedom in the private life with no consequences to the work life.
b. The ability to vent anger at authority without being held responsible.
c. The ability to post critical information on the Internet without consequences at work.
d. The ability to spend time quietly analyzing the actions and reactions of other people.
Q:
The Electronic Communications Privacy Act of 1986 (ECPA):
a. supplements the Omnibus Federal Employee Workplace Privacy Rights Law of 2008.
b. has been an effective law because employee privacy intrusions are less common and steadily declining since 2000.
c. restricts employer access to public chat room interactions.
d. fails to protect employees in most situations involving e-mail monitoring by public and private employers.
Q:
Which of the following are ways businesses justify electronic surveillance of employees?
I. It measures and encourages efficiency.
II. It uncovers employee disloyalty.
III. It enhances the fairness of personnel evaluations.
IV. It prevents employees from sending personal emails on company time.
a. I and II only
b. I, II and III only
c. I, II and IV only
d. I, II, III and IV
Q:
It is perfectly legal for employers to secretly and intrusively spy on their employees.
a. True
b. False
c.
Q:
In considering the legality of employer interception of employee e-mails at work, pick the correct statement.
I. Employees have complete expectation of privacy since they can select their password for in-house and remote access of e-mails.
II. A subpoena is required by the employer to read any e-mail that is clearly marked "confidential" by the employee.
III. No expectation of privacy exists over an employer-owned computer system at work.
IV. Statement by the employer that e-mails are confidential and privileged cannot be later used by an employer to defeat an employee's claim of privacy
a. I only
b. II only
c. III only
d. I and IV
Q:
As discussed in the text, False Claims Act or qui tam suits have been successful in the health care industry. The text mentions several things that all these successful claims have in common. Discuss those things.
Q:
Describe at least two other times since the Pickering decision in which the Supreme Court revisited the ruling. What were the outcomes?
Q:
Explain what happened in the 1968 Supreme Court's re-interpretation of the First Amendment to the U.S. Constitution regarding public employees' limited speech protections.
Q:
How was Ken Kendrick of The Peanut Corporation of America a typical whistleblower? An atypical whistleblower?
Q:
According to the Montana Wrongful Discharge from Employment Act, what are the three elements of a wrongful discharge?
Q:
According to research, what are the characteristics of the typical whistleblower?
Q:
When Qui Tam whistleblowers against the pharmaceutical industry were questioned about their motivation, several reasons were mentioned. Which of the following was NOT given as a reason?
a. Potential risk to public health.
b. Unfair employment practices.
c. Financial reward.
d. Self-preservation.
Q:
To determine whether a public employee receives First Amendment protection from speech (and therefore cannot be fired for it), the Supreme Court has stated that all of the following are important except:
a. The employer must have a justification for treating the employee differently than it would treat a member of the general public.
b. The speech cannot be about political topics.
c. The speech must be about something of great public concern.
d. The speech cannot be made as part of the employment (such as an internal memorandum).
Q:
The Constitution does not always protect free-speech rights for what public employees say on the job. Which of the following is true?
a. When a citizen enters government service, the citizen need not accept certain limitations on his or her freedom.
b. Public employees may speak out on matters of public concern and have First Amendment protection but not when they speak out in the course of their official duties.
c. As public employees speak out and receive First Amendment protection, there is an acceptable chilling of the speech of all potential whistleblowers.
d. None of the above
Q:
The National Labor Relations Board has stated that the right to discuss working conditions freely and without fear of retaliation should exist at the work site. However, the Board believes the same right does not exist online.
a. True
b. False
Q:
Ag Gag would criminalize:
a. undercover video recordings showing animal cruelty
b. recordings of public health violations occurring in agricultural facilities
c. Both a. and b.
d. Neither a. nor b.
Q:
The Food Safety Modernization Act:
I. offers some protections for whistleblowers
II. covers vegetables, seafood and dairy
III. covers eggs and poultry
IV. gives the FDA power to make mandatory recalls
a. I and II only
b. I, III and IV only
c. I, II and IV only
d. I, II, III, IV
Q:
Exceptions to the rule of employment-at-will include which of the following?
I. organization of unions
II. passage of Sarbanes Oxley Act
III. raising of public policy issues
IV. promise of implied-contract or covenant-of-good-faith
a. I only
b. II only
c. I and II
d. I, II, III, IV
Q:
Under the legal doctrine of "employment at will" an employee can be lawfully terminated from her job for:
I. wearing a shirt that clashes with her suit
II. any non-discriminatory reason
III. complaining about illegal activity in the workplace
IV. only for good cause
a. a. I only
b. b. II only
c. c. I and II
d. d. III and IV
Q:
Select the best definition of whistleblower:
a. the sole goal of modern ethics training
b. originated from the Latin "qui tam pro domino rege quam pro sic ipso in hoc parte sequitur" meaning "who as well for the king as for himself sues in this matter."
c. a narrow exception under the general rule of at-will employment
d. people who report unethical or illegal activities under the control of their employers
Q:
Discuss the similarities and differences between a traditional corporation and a benefit corporation.
Q:
Discuss the differences in utilitarianism and virtue ethics in making a decision.
Q:
Describe the philosophy of noted economist, Milton Friedman, on the issue of "free market ethics."
Q:
Explain why laws exist that do not impose a duty to rescue.
Q:
Discuss how multinational corporations can be both a benefit and a detriment to society.
Q:
From where do ethical preferences originate?
Q:
Describe the difference between the law and ethics.
Q:
Which of the following statements regarding Benefit Corporations is true?
a. Benefit corporations are required to identify one or more specific benefit purposes.
b. Directors of benefit corporations are protected from all lawsuits from both shareholders and beneficiaries of the corporation's public benefit purpose.
c. Benefit corporations are incorporated under state law with the intent to be profitable.
d. All of these statements regarding benefit corporations are true.
Q:
Corporate director or officer decisions to dedicate corporate funds for social causes is called:
a. Corporate Social Responsibility (CSR)
b. Social Activism (SA)
c. Business Engagement in Environmental Situations (BEES)
d. Strategic Investment in Stakeholder Issues (SISI)
Q:
According to Citizens United v. Federal Election Commission, which of the following is not a reason to allow corporations the right to spend money and advertise for political candidates?
a. Political speech is the most important, and most protected, speech that exists. It is crucial to the democratic process that political speech be encouraged and heard.
b. The immense wealth of a corporation allows it to be the most accurate in providing messages to people.
c. Independent expenditure by corporations do not give rise to corruption or the appearance of corruption.
d. Rapid changes in technology suggest laws restricting political speech should not be upheld.
Q:
Which of the following statements is INCORRECT regarding the rights of shareholders?
I. voting power on major issues and ownership in a portion of the company
II. right to transfer ownership and dividend entitlement
III. hire and fire management and select and appoint a chief executive
a. I and II
b. I, II, and III
c. I only
d. III only
Q:
Assuming a business ethical dilemma, which statement best illustrates Gilligan approach suggested in her theory of "The Ethics of Care"?
a. individual rights and justice for all
b. applies only to women and not men
c. care and responsibility to others
d. obedience to independent moral rules or duties
Q:
The Ethic of Care is:
a. A set of rules that explain how to prioritize those people affected by a decision so that a utilitarian analysis can be done successfully.
b. A set of universal principles, which applied evenly to all decisions will result in fairness and equity in ethical decisions.
c. The idea that we should all make decisions under the assumption that we don"t know our station in life, that we could be the person most negatively impacted by the decision.
d. A set of principles that encourage decision makers to look at human relationships as a primary motivator for a decision.
Q:
Virtue ethics:
a. focuses on what human beings are capable of being.
b. develop from learning how to make choices in difficult situations.
c. accepts that individuals rarely reach moral excellence.
d. are based on the concept that a person's ethical beliefs are developed in childhood and do not change.
Q:
According to deontological thinker Kant:
I. It is only acceptable to lie when done to protect an innocent person.
II. The level of respect owed to another is based on one's relationship to that person.
III. It is wrong to use another person unless mutual benefit is attached.
IV. Once chosen, actions will be repeated whenever the same situation arises.
a. I and III
b. II and IV
c. III and IV
d. I, III, and IV
Q:
Which of the following statements best illustrates the view of "utilitarianism"?
I. From each according to his abilities, to each according to his needs.
II. The risk reasonably to be perceived defines the duty to be obeyed and risks imports relation; it is risk to another or to others within the range of apprehension.
III. An action is right when maximizing welfare and total well-being.
IV. Individuals should pursue his or her own self-interest, even at the expense of others.
a. I only
b. III only
c. I and II
d. I, II, and III
Q:
Which of the following views would be consistent with the free market ethics approach advocated by Milton Friedman?
a. Outsourcing to other countries is wrong because it is detrimental to the overall US economy.
b. When making decisions, corporate managers should consider the interests of all the corporation's stakeholders.
c. The only social responsibility of business is to increase profits in a legal and ethical manner.
d. Automating processes and replacing workers is unethical since it does not serve a greater good.
Q:
All of the following are considered exceptions to the general rule that there is no duty to rescue except:
a. Pre-existing duty: For example, lifeguards have signed contracts agreeing to rescue people in exchange for pay and benefits.
b. Witnessing an accident: This creates a duty to step in and help the injured.
c. Employer: A duty exists to help an employee injured while working for that employer.
d. Endangerment: If one puts another in danger, they are obligated to rescue the person put in danger.
Q:
Choose the statement regarding duty to rescue that is false:
a. There is no general duty to rescue an individual.
b. Individual freedom of dictates that a person should not be forced to act.
c. Under a liberal"communitarian approach, citizens owe a duty to the state to rescue other citizens.
d. When one taunts another person who then puts themselves in danger in response to the teasing, the teaser has a duty to rescue the person teased.
Q:
Laws must be static and unyielding in order to provide stability for a society.
a. True
b. False
Q:
Select the best definition of ethics:
a. a set of rules for behavior.
b. a menu of options regarding what we must do.
c. a menu of options regarding what we should do.
d. standards that must be met to avoid penalty.
Q:
Companies need to understand the importance of a culture that is defined by ______.
A. profits
B. values
C. ethics
D. rules
Q:
To make better decisions while insulating themselves from potential threats, firms should ______.
A. engage with stakeholders whenever possible and minimize the danger of stakeholder disillusionment
B. focus on profit maximization over profit optimization
C. recognize that some stakeholders are much more important than others
D. establish a public relations crisis team
Q:
Since the 1930s, the average life (in years) of a Fortune 500 company has ______.
A. increased slightly
B. fallen slightly
C. increased significantly
D. fallen significantly
Q:
In your view, what does a values-based business look like? Think of an example you have seen or read about in the news: What makes you believe this firm is a values-based business? What do you think would be different about working for a firm like that?
Q:
What are the principles of conscious capitalism and how do they affect how a firm should operate?
Q:
What does it mean for an organization to be ethical? What is the difference between an unethical and an illegal act?
Q:
One approach a firm may take is to pay employees as little as possible if unemployment is high enough that if one employee leaves, another can be hired. Another approach is to pay employees a living wage because it raises morale and productivity while decreasing turnover and the hiring costs associated with replacing workers. Which position do you take on this issue? Support your answer with specific examples.
Q:
The ethics and morals of an organization start with the ethics and morals of the group of people in the organization.
Q:
A stakeholder perspective is an integral part of a comprehensive, strategic approach to corporate social responsibility.
Q:
The underlying principles of strategic CSR suggest that any problem with capitalism, as currently practiced, is the pursuit of profit over nonfinancial considerations.
Q:
The notion of businesses founded on values is not new. It is likely that the earliest author to espouse this view was ______.
A. Milton Friedman
B. Adam Smith
C. Edward Freeman
D. Peter Drucker
Q:
John Mackey, founder and co-CEO of Whole Foods Market, is a leading proponent of ______.
A. conscious capitalism
B. stakeholder activism
C. the gig economy
D. values-based business
Q:
Which of the following is NOT a principle on which conscious capitalism is based?
A. higher purpose
B. stakeholder independence
C. conscious leadership
D. conscious culture
Q:
To illustrate how doing good is good business, if you invested in Starbucks the day it went public (June 26, 1992), your stock would be up ______.
A. 20%
B. 100%
C. 500%
D. 2,000%
Q:
As a values-based business, in 2008, Starbucks founder Howard Schultz resisted the call of investors to ______.
A. reduce the number of Starbucks franchises
B. eliminate plans to expand globally
C. cut back substantially on health-care coverage for his workers
D. significantly downsize his workforce
Q:
In 1989, Ben & Jerrys was the first major corporation to ______.
A. allow an independent social audit of its business operations
B. use only fair trade goods in all of its products
C. be purchased through a hostile takeover for other than financial reasons
D. introduce the concept of a living wage for all its employees