Q&A Hero

Q: Unlike the U.S., workers in other jurisdictions, such as the European Union, have a much lower expectation of privacy in the workplace.

Q: Liability of an employer exists regardless of lack of negligence or fault, provided the necessary association between the injuries and the business of the employer is present.

Q: Whistleblowers are entitled to awards of lesser amounts when the fraud has already been publicly disclosed and the whistleblower is not an original source.

Q: Under federal law, private employers generally are permitted to use lie detector tests while screening job applicants.

Q: The National Drug Prevention and Testing Act of 1994 includes uniform guidelines regarding the drug testing of employees.

Q: The Fourth Amendment protects public employees from some drug testing because courts have ruled that certain tests are unreasonable searches.

Q: As a limitation of the employment-at-will doctrine, the Consumer Credit Protection Act prohibits discharge of employees due to garnishment of wages for any one indebtedness.

Q: An employers publication of an employee handbook can change the nature of at-will employment.

Q: Employment-at-will relationships are essentially employer-employee agreements that may be terminated at any time without cause.

Q: The right to a covered leave of absence under the Family and Medical Leave Act applies to employees the moment they begin employment.

Q: If a bonus is based on the amount of sales, the Family and Medical Leave Act (FMLA) requires an employer to award sales that an employee would have made if not on family medical leave.

Q: Employers have the right to retaliate against anyone assisting in the enforcement of the Uniformed Services Employment and Reemployment Rights Act (USERRA) rights, provided that person has no service connection.

Q: An employee is entitled to sue an employer for damages based on an Occupational Safety and Health Administration (OSHA) violation.

Q: In the context of employment-at-will, employers were able to discharge employees without cause at any time.

Q: Covered plant closings are defined as the loss of employment of 500 or more employees in a 30-day period.

Q: The penalty for failure to comply with the Worker Adjustment and Retraining Notification (WARN) notice is back pay to employees to cover the required 60-day period.

Q: Under the Family and Medical Leave Act (FMLA), an employees parents-in-law do not qualify as immediate family members.

Q: The right to receive a Worker Adjustment and Retraining Notification (WARN) notice excludes part-time workers.

Q: A Worker Adjustment and Retraining Notification (WARN) notice is mandatory for a case that relates to the sale of a business.

Q: General exceptions regarding pay for workers under the Fair Labor Standards Act (FSLA) are usually referred to as the blue-collar exemptions to overtime.

Q: The penalties imposed on employers who violate child labor laws can be trebled for repeated violations.

Q: Employers are required to compensate nursing mothers for breaks taken for the purpose of expressing milk.

Q: Employers with more than 50 employees are not subject to the Fair Labor Standards Act (FLSA) break time requirement if compliance with the provision would impose an undue hardship.

Q: The Fair Labor Standards Act (FLSA) sets 16 years of age as the minimum age for employment.

Q: The Worker Adjustment and Retraining Notification (WARN) Act requires that employers give employees prior notice of plant closings or mass layoffs.

Q: States may set minimum wage amounts that are lower, not higher, than the federal minimum rate.

Q: The Fair Labor Standards Act (FLSA) requires breaks or meal periods to be given to workers.

Q: In internship programs under the Fair Labor Standards Act (FLSA), an intern is entitled to wages for the time spent in the internship.

Q: The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for nursing mothers.

Q: The Age Discrimination in Employment Act recognizes both disparate treatment and disparate impact discrimination for employers with ______. A. 5 or more employees B. 10 or more employees C. 15 or more employees D. 8 or more employees E. 20 or more employees

Q: Chris, aged 62, is an employee of Magnatrix Inc., a small company with 12 employees. The CEO of Magnatrix, Kathy, asks Chris to retire as the company is planning to reduce its financial budget. Kathy also mentions that Chris is entitled to $50,000 a year in retirement benefits. Chris does not want to be forced into retirement, and he decides to sue Magnatrix for age discrimination. In this scenario, Chris cannot sue for discrimination under the Age Discrimination in Employment Act because A. he is entitled to $50,000 a year in retirement benefits. B. he is older than 60 years. C. Magnatrix has only 12 employees. D. it is legal for Magnatrix to force any employee into retirement. E. he was not fired from Magnatrix.

Q: According to the Age Discrimination in Employment Act, who among the following are subject to mandatory retirement policies? A. high-level policy makers aged 65 and older who are entitled to receive annual retirement benefits of at least $44,000 a year B. bona fide executives aged 60 and older who are entitled to receive annual retirement benefits of at least $34,000 a year C. high-level policy makers aged 50 and older who are entitled to receive annual retirement benefits of at least $50,000 a year D. any employee aged 60 and older who is entitled to receive annual retirement benefits of at least $60,000 a year E. bona fide executives aged 50 and older who are entitled to receive annual retirement benefits of at least $34,000 a year

Q: A cleaning company, KRK Inc., rotates its staff between different floors on a monthly basis. One crew member, Angelo, has poor verbal skills due to autism. While Angelos disability does not affect his ability to perform the various cleaning functions, it does make it difficult for him to adjust to alterations in his daily routine. In view of Angelos difficulty, the manager decides to allow him to stay on one floor permanently. This is an example of ______. A. disparate treatment B. reverse discrimination C. disparate impact D. redlining E. reasonable accommodation

Q: The Age Discrimination in Employment Act recognizes A. only claims based on negligence. B. only claims based on retaliation. C. both disparate impact and disparate treatment discrimination. D. loss in physical strength as a legal reason for discriminating against older persons. E. employers right to use the comparable worth theory to discriminate on the basis of age.

Q: WallBreak Inc. is a web design company which receives complaints stating that minorities are underrepresented in senior management positions. To appease the minorities, WallBreak promotes Ahmed, an African American, over Zac, a white, although Zac is more qualified than Ahmed. In this case, Zac is a victim of ______. A. disparate treatment B. disparate impact C. reverse discrimination D. retaliation E. job rotation

Q: If an employer discovers that it has a job category where one might expect to find more women and minorities employed than are actually in its workforce, the employer has a reasonable basis for ______. A. quid pro quo B. affirmative action C. redlining D. retaliation E. a hostile work environment

Q: ______, one of the provisions of the Civil Rights Act of 1866, provides that all persons shall have the same right to make and enforce contracts as enjoyed by white citizens. A. Section 1986 B. Section 1981 C. Section 1971 D. Section 1976 E. Section 1991

Q: Under Section 1981, ______. A. the courts can award compensatory and punitive damages up to a maximum of $100,000 per offence B. the courts can award unlimited compensatory and punitive damages C. a plaintiff must first go through the Equal Employment Opportunity Commission to file an employment suit D. a plaintiff can sue for unlimited damages for discrimination based on sex, religion, national origin, or age E. a plaintiff is prohibited from suing under Title VII of the Civil Rights Act

Q: The Age Discrimination in Employment Act prohibits employment discrimination against employees ages ______. A. 20 and older B. 30 and older C. 50 and older D. 40 and older E. 60 and older

Q: The Americans with Disabilities Act prohibits discrimination against the qualified disabled by employers of ______. A. 15 or more employees B. 7 or more employees C. 3 or more employees D. 5 or more employees E. 10 or more employees

Q: The ______ requirement means that federally contracting employers must actively recruit members of minority groups being underused in the workforce. A. disparate treatment B. affirmative action C. reverse discrimination D. mandatory retaliation E. business necessity

Q: Which of the following specifically prohibits the race norming of employment tests? A. the Lilly Ledbetter Fair Pay Act amendments of 2009 B. the Equal Pay Act amendments of 1963 C. the Civil Rights Act amendments of 1991 D. the Americans with Disabilities Act amendments of 2008 E. the Rehabilitation Act amendments of 1973

Q: Race norming is the practice of A. setting a quota designed to balance the racial mix of an employers workforce. B. providing lessons in English to non-English speaking employees. C. setting two different cutoff test scores for employment based on race. D. firing white employees to accommodate new black hires. E. providing more promotion opportunities to members of a particular race at the expense of the others.

Q: ______ are defined as those with a disability who, with or without reasonable accommodation, can perform the essential functions of a particular job position. A. Functionally disabled B. Reasonably disabled C. Qualified disabled D. Relatively disabled E. Quantifiably disabled

Q: Which of the following statements is true of the Pregnancy Discrimination Act? A. It covers only married pregnant women. B. It requires an employer to provide coverage for abortion if an employee develops medical complications because of an abortion. C. It requires an employer to specify how long a leave of absence must be taken after childbirth. D. It determines the amount of money an employee should receive on her maternity leave. E. It bars the inclusion of the pregnancies of male employees wives in the employers health insurance plan.

Q: Under the Pregnancy Discrimination Act, which of the following was ruled unlawful by the Supreme Court? A. an employers health insurance plan that does not cover an abortion when an employee does not carry to term B. an employers health insurance plan that provides a woman who undergoes an abortion with benefits provided for all other employees C. an employers health insurance plan that does not cover the pregnancies of male employees wives D. an employment policy that does not force a pregnant woman to stop working until her baby is born E. An employment policy that does not specify how long a leave of absence must be taken after childbirth

Q: Which of the following statements is true under the Pregnancy Discrimination Act? A. An employer that provides childbirth benefits to married women may deny the same to single mothers if the employer finds single motherhood morally objectionable. B. If a female employee undergoes an abortion, all other benefits provided for employees, such as sick leave, must be provided to her. C. An employers plan that covers childbirth for female employees can exclude coverage for wives of male employees. D. An employer is not required to provide coverage for abortion even if an employee develops medical complications because of an abortion. E. If a female employee is pregnant, her employer must specify how long a leave of absence must be taken after childbirth.

Q: Under the Equal Pay Act, discrimination in pay is allowed if A. it arises from a seniority system. B. it is confidential. C. the work performed by employees is equal but not identical. D. it arises from a system based on sexual orientation. E. it arises from a system based on gender.

Q: Title VII of the Civil Rights Act does not prohibit discrimination against employees based on their ______. A. national origin B. race C. sexual orientation D. gender E. age

Q: Bill, the owner of FG Kraftco Corp., asks his employee, Megan, for sexual favors in exchange for a raise in her salary. When Megan refuses to entertain his request, Bill reduces her salary. Megan files a charge against Bill with the Equal Employment Opportunity Commission. This case is a ______. A. quid pro quo case B. res judicata case C. retaliation case D. hostile work environment case E. disparate impact case

Q: The integration of African Americans into the mainstream of American society is the primary objective of the ______. A. National Security Act of 1947 B. Civil Rights Act of 1964 C. War Powers Act of 1973 D. Taft-Hartley Act of 1947 E. Voting Rights Act of 1965

Q: A(n) ______ is a type of sexual harassment in which co-workers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti. A. quid pro quo B. hostile work environment C. conventional work environment D. extradition E. disparate impact environment

Q: Maria is subjected to frequent stares from her male co-workers, who also engage in suggestive touching of her. Even though Marias personal life outside of work is unaffected, the actions of her male colleagues cause her immense mental distress. Which of the following statements is true in this situation? A. Maria is a victim of quid pro quo harassment. B. Maria is a victim of a hostile work environment. C. Maria is a victim of retaliatory treatment. D. Maria has no cause of action because her personal life is unaffected. E. Maria is a victim of race norming.

Q: Quid pro quo is a type of ______. A. discrimination on the basis of genetic information B. discrimination on the basis of disabilities C. sexual harassment discrimination D. racial discrimination E. religious discrimination

Q: Mike and Kathy are both tenured associate professors in a schools English department. Kathy always makes provocative comments to Mike and touches him inappropriately without consent. Mike complains to the school board about Kathys inappropriate behavior, but the board ignores him. Which of the following statements is true in this scenario? A. Mike can file a quid pro quo case against Kathy. B. Mike cannot sue the school for Kathys actions as both Mike and Kathy are at the same level of employment. C. Mike can file a suit against the school for creating a hostile work environment. D. Mike can file a suit against Kathy for retaliation. E. Mike cannot sue the school for Kathys actions as Mike has not suffered any economic loss.

Q: Krisscom Inc. is a store selling consumer electronics in an Asian neighborhood. Most of its customers are Chinese immigrants who do not speak English fluently. The store manager decides to hire only Chinese Americans who speak fluent Mandarin. Jack, a white employee, feels that this rule has a disparate impact on people who only speak English. He files a discrimination charge against Krisscom. Which of the following statements is true in this scenario? A. Krisscom will most likely win the case if it uses the contributory negligence defense. B. Krisscom will most likely use the business necessity defense to justify its actions. C. Jack will win the case as there is no defense for an act of disparate treatment. D. Jack will have to prove that Krisscom intentionally targeted Chinese customers to win the case. E. Krisscom will most likely win the case if it uses the assumption-of-risk defense.

Q: GVB Inc., a consulting firm, hires Zainab, who is a Muslim. In order to avoid discriminating against Zainab based on her religion, GVB A. must do whatever it takes in order to avoid any discussion on the topic of religion. B. must make reasonable accommodation to her religious needs. C. must make work-related adjustments to suit her religious needs even if they create undue hardship. D. need not accommodate her religious needs as religious discrimination suits only apply to religious corporations. E. must notify the union as Zainab belongs to a religious minority community.

Q: An airline has a requirement that all its pilots be at least five feet three inches tall. In this case, height is a valid requirement, and using it does not violate employment discrimination laws. A group of aspiring pilots who fail to meet the height requirement file a disparate impact case with the Equal Employment Opportunity Commission against the airline. In this case, the airline is most likely to use the ______. A. disparate treatment defense B. assumption-of-risk defense C. reverse discrimination defense D. affirmative action defense E. business necessity defense

Q: Hailey files a discrimination charge against her company as it pays less wages to African American employees. The company demotes Hailey and reduces her salary because of the discrimination charges filed by her. This case is an example of ______. A. affirmative action B. disparate impact C. reverse discrimination D. retaliation E. race norming

Q: Anna files a discrimination charge against her employer, NTTB Network Inc., for creating a hostile work environment. Annas co-worker, Edward, gives testimony in the discrimination case. As a result, Edward is transferred to another branch where he is required to work in night shifts. Edwards salary remains the same, as does his job title. In this case, Edward is most likely to have a claim for ______. A. reverse discrimination B. disparate impact C. retaliation D. race norming E. redlining

Q: The Equal Employment Opportunity Commission is composed of ______. A. two members B. three members C. six members D. nine members E. five members

Q: The Equal Employment Opportunity Commission may not have more than ______ members of the same political party. A. two B. three C. six D. nine E. five

Q: Matt, a supervisor, refuses to let female employees work on overtime assignments because he thinks it is unsafe for women to work after 6 p.m. The female employees decide to file a charge against Matt with the Equal Employment Opportunity Commission. This case is an example of ______. A. reverse discrimination B. a business necessity C. retaliation D. disparate impact E. disparate treatment

Q: Within how many days must an employee file charges of illegal discrimination with the Equal Employment Opportunity Commission after notice of the unlawful practice? A. 90 days B. 120 days C. 180 days D. 365 days E. 60 days

Q: In a disparate impact case, an alleged employer can defeat a plaintiffs claim by proving ______. A. the bona fide occupational qualification defense B. the business necessity defense C. contributory negligence D. the assumption-of-risk defense E. comparative fault

Q: Before the Equal Employment Opportunity Commission can file a civil suit for a violation of the Civil Rights Act based on a claim by a discriminated employee, it must first A. determine that no racial discrimination has occurred. B. ensure that the violation has occurred for at least a period of three weeks. C. exhaust efforts to settle the claim. D. wait for a period of at least two weeks for the employer to take corrective actions. E. wait for a period of at least three weeks for the state to take corrective actions.

Q: Where state agencies begin discrimination proceedings, how many days must the Equal Employment Opportunity Commission wait before it starts action? A. 60 B. 10 C. 300 D.180 E. 30

Q: The Equal Employment Opportunity Commission was created by the ______. A. Civil Rights Act B. Equal Employment Opportunity Act C. Americans with Disabilities Act D. Age Discrimination in Employment Act E. Federal Trade Commission Act

Q: In 1991, depending on the size of the employer, Congress amended the Civil Rights Act to allow the recovery of compensatory and punitive damages per person of up to ______. A. $100,000 B. $150,000 C. $300,000 D. $50,000 E. $400,000

Q: The members of the Equal Employment Opportunity Commission are A. appointed by the Senate on the recommendation of the president. B. appointed by the Occupational Safety and Health Administration. C. elected by the people. D. elected by the House of Representatives, with the advice of the Federal Trade Commission. E. appointed by the president, with the advice and consent of the Senate.

Q: Delltrix Corp., a customer support provider, needs operators who are bilingual in English and Spanish. A few applicants of Spanish origin are rejected because of their poor English language proficiency. The applicants file a disparate impact case with the Equal Employment Opportunity Commission against Delltrix on the grounds of discrimination based on nationality. Which of the following defenses is Delltrix most likely to use in this case? A. the defense of undue hardship B. the contributory negligence defense C. the comparative negligence defense D. the assumption-of-risk defense E. the business necessity defense

Q: Eva opens a womens-only health spa. The spa has 20 employees of which four employees are men who do overnight maintenance work when the spa is closed. Eva places an advertisement in the paper for a locker room attendant, and Jack applies for the job. Eva rejects Jacks application on the basis of gender. Jack files a discrimination charge against Eva with the Equal Employment Opportunity Commission. Which of the following statements is true in this scenario? A. Jack is entitled to compensatory damages but not punitive damages if he can show that he is capable of doing locker room attendant functions. B. Men are underrepresented at the spa, and affirmative action requires that Eva hire Jack. C. Eva can use the disparate impact defense to win the suit. D. Eva can defend her case by showing that being female is a bona fide occupational qualification for the job. E. Eva has not violated the Equal Employment Opportunity Act, but she still has to pay compensatory damages to Jack for misrepresentation.

Q: All types of employment discrimination are required to be insured against in every state.

Q: The ______ has the primary responsibility of enforcing the provisions of the Civil Rights Act of 1964. A. Occupational Safety and Health Administration B. Equal Employment Opportunity Commission C. Federal Trade Commission D. Securities and Exchange Commission E. Food and Drug Administration

Q: A typical state act makes it an unfair employment practice for any employer to refuse to hire or otherwise discriminate against any individual because of his or her race, color, religion, national origin, or ancestry.

Q: State acts usually set up administrative bodies with the power to make rules and regulations and hear and decide charges of violations filed by complainants.

Q: State antidiscrimination laws cannot protect categories of persons not protected by federal law.

Q: According to the EEOC, agreements that mandate binding arbitration of discrimination claims as a condition of employment are in agreement with the fundamental principles of antidiscrimination laws.

Q: The general liability policies carried by many businesses, which cover bodily injury and property damage, often insure against intentional torts.

Q: Intent is a key element in many employment discrimination claims.