Q&A Hero

Q: With regard to dissociation and dissolution, the Revised Uniform Partnership Act adopted and reserved the same general rules and procedures as its predecessor, the Uniform Partnership Act.

Q: Family limited partnerships are designed for parents and children to operate a business together while protecting family-related assets.

Q: Under the Revised Uniform Limited Partnership Act, limited partners may act as consultants and may contribute their expertise to the limited partnership.

Q: Mike is a limited partner in Big Blue, LP. The partnership agreement permits him to have a say in the removal of general partners and the blocking of new partners. This agreement will jeopardize his limited partner status.

Q: One disadvantage of a sole proprietorship business entity is that it is restricted to the principal and the principal's immediate family in terms of number of employees who may work for the business.

Q: In all forms of business entities, the entity itself pays taxes on money earned by or through the entity.

Q: If two people identify themselves as general partners and create a written partnership agreement, the law is obligated to recognize their business entity as a general partnership.

Q: General partnerships are pass-through entities regarding taxation; however, limited partnerships are not pass-through entities for taxes.

Q: The Revised Uniform Partnership Act was enacted by Congress to make partnership law more consistent and standardized throughout the United States.

Q: Wayne Lewis wants to start a sole proprietorship named Lewis Plumbing Services. Because it will be a sole proprietorship, Wayne has no filing requirements other than obtaining the appropriate business license from the local and state government where the business will be located.

Q: A _____________ is a business entity that has a proven track record of success and sells the right to operate the business and use the business's trade secrets, trademarks, products, and so on.

Q: General partnerships are not created by filing a form with a government agency.

Q: A general partner who rightfully dissociates from a partnership remains liable for predissociation debts of the partnership.

Q: A business existing in or by right of law is considered a ________ entity.

Q: Under the Revised Uniform Limited Partnership Act, the act of leaving a limited partnership and ceasing to be a principal is called _______.

Q: Tabletop, LP, is registered in Nebraska but operates the business in the state of Iowa. Nebraska will require that an in-state address and a ________ be identified to receive mail and accept legal documents.

Q: Federal laws regulating the selling of equity in limited partnerships through broker-dealer contracts are known as ________ laws.

Q: Limited partnerships are required to file a(an) ________ return with the IRS each year.

Q: Under the Revised Uniform Partnership Act, the act of leaving a partnership and ceasing to be a principal is called _______.

Q: Which of the following would likely not be considered a major life activity supporting a disability claim? A. being able to sit for long periods B. thinking and reasoning C. proficiency in typing D. speaking

Q: The Americans with Disabilities Act applies to employers with ________ employees. A. 10 or more B. 15 or more C. 20 or more D. 25 or more

Q: Which of the following is a neutral requirement that is likely to result in disparate impact? A. Only females are required. B. One year of prior experience is required. C. A physical-strength test must be passed. D. Only Americans are required.

Q: Which of the following is not a protected class under the original Civil Rights Act of 1964? A. gender B. age C. race D. national origin

Q: The EEOC is a ____-member commission. A. 5 B. 10 C. 15 D. 20

Q: Title VII applies to private sector employers with: A. 10 employees or more. B. 15 employees or more. C. 20 employees or more. D. 25 employees or more.

Q: April has refereed high school and women's college soccer for 10 years. She is fit, knows the rules without question, and has always received excellent evaluations. When she applies to referee men's college games, the men's college referee administrator tells her that he can't use her because women won't get the players' respect and because the game looks more serious and acceptable with men refereeing. April is the victim of: A. disparate treatment discrimination. B. mixed motives discrimination. C. disparate impact discrimination. D. pretextual discrimination.

Q: Tom, a city policeman, is featured as Mr. August in the police charity calendar wearing only a pair of Speedos and a smile. Chuck is a fellow cop and a homosexual. Every opportunity that he has, Chuck brushes up against Tom and asks if Tom has ever been with a man. Chuck buys Tom gifts and leaves them by Tom's locker. Tom throws the gifts away immediately. Tom has asked Chuck to stop, but Chuck just laughs and says, "I'll get you someday." Tom is and has always been a heterosexual. Tom has complained to his superiors pursuant to department policy, but they claim it's just horseplay and not serious. If Tom files a complaint with the EEOC: A. he has a valid case based on hostile work environment harassment. B. he has a valid case based on quid pro quo harassment. C. he does not have a case because same-gender harassment does not give rise to a valid cause of action. D. he does not have a case because Chuck's actions are not severe enough to constitute sexual harassment.

Q: Emmanuelle has been the subject of intense and continuous hostile environment sexual harassment over a period of months. If she quits before filing a complaint with the EEOC, she forfeits the right to file the complaint and seek damages.

Q: A plaintiff need not be in a minority within a protected class to be covered under Title VII.

Q: Your school's football coach has just been fired. When the athletic director informs him of the termination, he tells the coach that although he has had recent winning seasons, the inability to make it into postseason play and his inability to groom players for the pros has weighed prominently in the decision. The coach is also told that his recruiting has not been effective and that his fund-raising has been disappointing. The AD then tells him that his pretty-boy image makes him look too effeminate, he dresses like a nerd, and he doesn't portray the proper image of a head football coach desired by the school. The coach's best theory for pursuing a discrimination lawsuit is: A. disparate treatment discrimination. B. mixed motives discrimination. C. disparate impact discrimination. D. pretextual discrimination.

Q: When the Age Discrimination in Employment Act is being applied, the substantially younger test generally says that the younger employee must be at least ________ years younger than the terminated employee claiming discrimination. A. three B. five C. eight D. ten

Q: Affirmative action programs are designed to remedy an actual past practice of discrimination.

Q: A person must exhibit some sort of distinctive physical characteristic, obvious to a neutral observer, in order to be considered disabled.

Q: If the plaintiff proves her or his prima facie case under the McDonnell Douglas standard, the burden of proof shifts to the defendant to evidence a legitimate and nondiscriminatory reason for the discriminatory action.

Q: Affirmative action sets and requires quotas in order to meet racial and sexual equality.

Q: Under the Age Discrimination in Employment Act, to maintain a valid claim, the replacement employee must be substantially younger than the terminated employee and must be a member of a recognized protected class.

Q: The most common form of sexual harassment is quid pro quo harassment.

Q: Under the Age Discrimination in Employment Act, substantially younger is not defined, but many courts follow the general rule that the age difference must be 10 years in order to qualify as substantially younger.

Q: The Equal Pay Act was written to prohibit racial discrimination in pay.

Q: A successful Age Discrimination in Employment Act suit requires that the plaintiff affirmatively prove that age was the direct reason for the adverse employment action suffered.

Q: The Americans with Disabilities Act defines a disability as being a physical impairment and does not include or protect employees regarding mental impairments.

Q: It may not be discriminatory to require that persons in a protected class, in certain instances, be afforded special rights.

Q: The Equal Employment Opportunity Commission enjoys rulemaking as well as enforcement powers.

Q: Disparate impact claims under the Age Discrimination in Employment Act do not require that the employer prove a business necessity in order to defend its actions.

Q: After conducting an investigation of a discrimination claim, if discrimination is found, the EEOC may immediately file suit on behalf of the aggrieved employee.

Q: State and local affirmative action plans in regard to race- or gender-based preferences in the hiring of government contractors are subject to strict scrutiny.

Q: Intent to discriminate must be proved for a disparate case to be successful.

Q: An employee has filed a claim of discrimination with the EEOC. If the EEOC investigates and determines that it will not follow through with a lawsuit representing the employee, the employee has no recourse and cannot file a private lawsuit.

Q: Race discrimination directed at white employees violates Title VII if the employer's acts were motivated by race.

Q: Every time Mike passes Kathy in the office he rubs against her. Sometimes he walks up behind her and massages her shoulders even though she has told him not to. Lately he's been pinching her butt when no one is watching. Mike is committing quid pro quo sexual harassment.

Q: Federal laws concerning discrimination expressly preempt state laws and prohibit states from imposing additional obligations and legal responsibilities on employers not covered under the federal statutes.

Q: In Oncale v. Sundowner Offshore Services Inc., the court determined that same-sex harassment is a legitimate issue covered and actionable under Title VII.

Q: Betty Sue suspects that she was turned down for a job as a server at Hooters because she is 40 pounds overweight. She may contact the EEOC, which will investigate her case based on a Title VII violation.

Q: Once an employee has established that she or he has a covered disability, the Americans with Disabilities Act requires that the employer make reasonable accommodations allowing the employee to perform the essential functions of the job.

Q: In Aquino v. Honda of America Inc., even though the charges against Aquino for alleged vandalism were dropped, Honda's reasonable belief, after its own investigation, met the burden of proving that Honda had a legitimate, nondiscriminatory reason for his firing.

Q: The mandate given to the Equal Employment Opportunity Commission is that the commission is required to pursue any discrimination-based claims made by aggrieved employees.

Q: Stephen is 40 years old and has applied for a job at a large computer game development company. He is told that he is "over the hill" and not eligible for employment at that company. Stephen does not have a valid age discrimination suit under the Age Discrimination in Employment Act because the act applies only to those already employed, not to applicants in the hiring process.

Q: A disability, as defined in the Americans with Disabilities Act, is an impairment that significantly limits a person's ability to participate in a ________ activity.

Q: Race, religion, color, gender, and national origin are examples of _______.

Q: 6. After the plaintiff has proved his or her prima facie case of disparate treatment, if the employer provides a false reason for its discriminatory actions, this is called a _______.

Q: Mike is Kathy's employer. Mike tells her that she will not get a raise or promotion unless she has sex with him. Mike has committed ________ sexual harassment.

Q: Following an investigation by the EEOC, should discrimination be found, the next step for the agency is to begin _______.

Q: The Americans with Disabilities Act does not require an employer to provide accommodations that constitute a(an) ________ on the employer.

Q: Robin has just graduated with an MS in elementary education. He sends his rsum to a number of school boards, and one writes back offering an interview for a kindergarten position. When Robin arrives at the interview, it is obvious that the interviewers had expected a female. They ask a few general questions and conclude the interview. Two days later he gets a rejection letter. He later finds out that a female applicant with only a bachelor's degree was hired. He believes that he has been discriminated against due to sex, and he files a complaint with the EEOC. The school district defends by saying that kindergarten teachers are traditionally female and that the parents' preference is for a female to conduct the class. Is the school board justified in its actions, and will its defense be effective?

Q: Ben has just been diagnosed with diabetes. He has the disease under control through diet, exercise, and drugs. He is an assistant manager at a chain department store, and he is fully capable of performing all of his job functions and needs no accommodations. Ben rides a bicycle over 100 miles per week, participates in half marathons, and regularly works out at the YMCA. When he applies for a promotion to manage a store in the chain, he is turned down because his superiors are concerned that his diabetes could affect his job performance. Is Ben disabled, and does the Americans with Disabilities Act afford him any protections?

Q: Name the four elements that must be proved to establish a prima facie case of disparate treatment in hiring under the McDonnell Douglas standard.

Q: A standard that is applied to all employees or candidates for employment equally but nevertheless is shown to be discriminatory is called a ________ standard.

Q: Amanda works in an office environment with 50 employees. Once or twice a week, her boss Alan tells her she has great legs and that she should wear shorter skirts. He also tells her to let loose and open another button on her blouse once in a while. She asks him to stop and continues to wear knee-length skirts and keep her blouse buttoned to the neck. He never touches her and he never makes these comments when someone else can hear. When she gets her performance appraisal from Alan, he gives her an excellent evaluation and a raise. After listening to Alan for six months, she files a complaint with the EEOC. A. She has a valid quid pro quo claim. B. She has a valid hostile environment claim. C. She may choose either a valid quid pro quo claim or a hostile environment claim, as both are valid. D. She has suffered no economic or other job detriment, so she has no cause of action.

Q: In Enriquez v. West Jersey Health Systems, the plaintiff began an external transformation from male to female. When her contract was not renewed, she brought suit claiming discrimination. A. The plaintiff was not entitled to protection under federal law but was protected by New Jersey state law. B. Although there was a New Jersey law protecting Enriquez, because the federal law excluded the plaintiff the state law was deemed preempted and could not be enforced. C. Changing sex or changing sexual appearance is intended to be covered by Title VII, so Enriquez had a valid suit. D. The discomfort of the majority of the plaintiff's co-workers outweighed any rights that the plaintiff might have because the majority should be able to dictate policy.

Q: In Ricci v. DeStefano, Ricci, a white firefighter, took and passed the City of New Haven firefighter's test, required of all applicants for promotion in the city's fire department. The test was thrown out when it was discovered that minorities scored poorly and the city feared a disparate impact-based lawsuit. A. Even though the test was prepared by a professional testing organization, the city has the right to reject the test results if minorities do not score adequately. B. Deliberately oversampling minorities to seek to create a fair test is irrelevant if the test results show that minorities still scored poorly. C. Ricci, as a member of the white majority, had no grounds to sue when the city was seeking the legitimate aim of nondiscrimination. D. An employer may not simply disregard a test based on unwanted results unless the test is shown to be biased or deficient.

Q: Which of the following would be valid grounds to recognize and apply a bona fide occupational qualification? A. A survey of customers at a restaurant shows a preference for female servers, so males are not hired. B. A survey of customers at a health spa indicates that same-sex attendants are wanted in locker rooms for privacy reasons. C. A factory is in a bad part of town, so it refuses to allow women to work the night shift for safety reasons. D. A church has always had a white pastor, so other races who apply are automatically excluded.

Q: The Uniform Guidelines on Employee Selection Criteria says that discrimination is likely if the pass rate of any protected class is less than ________ of the pass rate of the most successful race, sex, or other protected class tested. A. 50 percent B. 60 percent C. 70 percent D. 80 percent

Q: In a disparate impact case, if an employer can show that a challenged employment practice is job-related and consistent with business necessity, the plaintiff can still win by showing that: A. there is an alternative practice that would have less discriminatory effects but the employer declines to use it. B. the employer has engaged in a pattern or practice of discrimination. C. the difference in selection rates across protected-class groups is statistically significant. D. there is additional evidence of a discriminatory motive.

Q: Mike and Kathy are both tenured associate professors in a school's English Department. Kathy is constantly asking Mike out on dates, which he always refuses. He has asked her to stop asking. Furthermore, Kathy is always making provocative comments to him, telling dirty jokes, and asking him about his preferences in women, which embarrasses him and has caused him to lose sleep. If Mike sues the school for permitting her behavior: A. the school would win because a woman can't harass a man and he should be flattered rather than upset. B. the school would win because Mike and Kathy are on the same employment level and Mike can't be truly harassed unless Kathy has the ability to impact his job status, which she doesn't. C. Mike would win if he had previously complained to the school and it had done nothing to stop the harassment. D. Mike would win because, regardless of notice, the employer is automatically liable for any improper activity that occurs on the job and it is the employer's responsibility to know what is happening on its premises.

Q: The business necessity defense is a defense to: A. disparate treatment cases. B. sexual harassment cases. C. unequal pay cases. D. disparate impact cases.

Q: In PGA Tour Inc., v. Martin, Martin was a golfer who sought accommodation, under the Americans with Disabilities Act, for a recognized disability that caused pain due to restricted blood flow between his legs and heart. He asked to use a cart, which would permit him to play full rounds of golf. The PGA responded that its rules prohibited carts during tournament play and that allowing cart use would fundamentally change the game. The court determined that: A. Martin should be allowed to use the cart because it provides him with little or no advantage under the circumstances and such an accommodation is not unreasonable and does not fundamentally change the game. B. Martin should be allowed to use the cart because carts are used at country clubs where strict rules of golf are required, so the PGA ban is arbitrary and discriminatory. C. Martin should not be allowed to use the cart because having one player using a cart and banning all others discriminates against the other players. D. Martin should not be allowed to use the cart because there are other accommodations offered by the PGA that are reasonable and Martin has no right to reject them.

Q: Your school's police/security force requires that all officers be over 6 feet and over 200 pounds. This requirement creates a: A. disparate treatment regarding men. B. disparate impact regarding men. C. disparate treatment regarding women. D. disparate impact regarding women.

Q: Kim, a CPA, works for a small accounting firm consisting of two managing partners, six accountants, and four secretaries. During a skiing vacation, Kim has a serious fall and is paralyzed from the waist down. While she cannot walk, her mind is not affected and she is 100 percent capable of performing her accounting duties. She has asked the firm to widen the aisles between cubicles so that she can maneuver her wheelchair and to provide a special desk that is wheelchair friendly. These accommodations would cost less than $1,000. A. Under provisions of the Americans with Disability Act, her requests should be granted because they are reasonable. B. Under provisions of the Americans with Disability Act, her requests should not be granted because they are not reasonable. C. Since she can still do her job, she is not deemed to have suffered a limitation to a major life activity. D. The company is not required to make or offer any accommodations to Kim.

Q: Once the plaintiff has established a prima facie case under the McDonnell Douglas standard and the defendant has presented justification for the actions taken, the plaintiff must now prove any of the following except: A. the defendant's stated reasons had no basis in fact. B. the stated reasons were not the true and accurate reasons. C. the stated reasons were insufficient to explain the defendant's actions. D. the stated reasons contain a mixed motive.

Q: The Equal Pay Act is an amendment to the: A. Civil Rights Act of 1964. B. Fair Labor Standards Act. C. National Labor Relations Act. D. Social Security Act.