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Q:
Standards regarding unsafe and unhealthy workplace conditions are created and enforced under:
A. NLRB.
B. FLSA.
C. ERISA.
D. OSHA.
E. IRCA.
Q:
The exclusive remedy rule is applicable to employers in the case of intentional as well as accidental injuries of workers.
Q:
The requirement for Form I-9 Employment Eligibility Verification forms is waived off for U.S. employers who employ noncitizens.
Q:
Clear identification of employer expectations and policies helps provide a defense against employee lawsuits if subsequent discipline or discharge of the employee becomes necessary.
Q:
One major purpose of the Fair Labor Standards Act is to provide:
A. overtime pay.
B. guaranteed employment.
C. disability benefits.
D. antidiscrimination policies.
E. private pension plans.
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 were unreasonable searches.
Q:
Liability of the 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:
Common ailments in which the employee has had a preexisting disease are not compensable as "accidental injuries."
Q:
An employee is entitled to sue an employer for damages based on an OSHA violation.
Q:
Regarding employment at-will, employees may be fired if the boss does not like them.
Q:
Employment-at-will relationships are essentially employer/employee agreements that may be terminated at any time without cause.
Q:
A personnel handbook for a business has no effect on at-will employment.
Q:
If a bonus is based on the amount of sales, the FMLA requires the employer to award sales that the employee would have made if not on family medical leave.
Q:
Employers have the right to retaliate against anyone assisting in the enforcement of USERRA rights, provided that person has no service connection.
Q:
Covered plant closings are defined as the loss of jobs by 500 or more employees in a 30-day period.
Q:
The penalty for failure to comply with the WARN notice is back pay to employees to cover the required 60-day period.
Q:
Under the FMLA, the employee's parents in law do not qualify as an immediate family member.
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:
The WARN Act requires that employers give employees prior notice of plant closings or mass layoffs.
Q:
The right to receive a WARN notice excludes part-time workers.
Q:
A WARN notice is mandatory for a case that relates to the sale of a business.
Q:
In internship programs under the FLSA, the intern is entitled to wages for the time spent in the internship.
Q:
The FLSA requires employers to provide reasonable break time for nursing mothers.
Q:
Penalties imposed for violation of the Fair Labor Standards Act can be trebled for repeated violations.
Q:
Employers are not required to compensate nursing mothers for breaks taken for the purpose of expressing milk.
Q:
Employers with fewer than 50 employees are not subject to the FLSA break time requirement if compliance with the provision would impose an undue hardship.
Q:
The FLSA sets 16 years of age as the minimum age for employment.
Q:
How does "writing" as a piece of documentation help the employer?
Q:
States may set minimum wage amounts that are lower, not higher, than the federal minimum wage.
Q:
The FLSA requires breaks or meal periods to be given to workers.
Q:
What are some of the things an employer can do to protect himself/herself from a lawsuit concerning employment?
Q:
What is meant by the term "paper fortress" and why would an employer amass a "paper fortress"?
Q:
Patty Holmes, a 15-year-old high school sophomore attending Valley High, was participating in a junior varsity field hockey match against a team from Manfield High. While Holmes was controlling the ball and attempting to score a goal, one or more members of the Manfield team came into contact with her, causing her to fall and sustain injuries. Holmes claimed that the school and school district were negligent and sued to recover damages for the injuries she sustained during the field hockey match. Under the common law, is Patty eligible to recover damages?
Q:
Martin was injured in a collision between his buggy and Herzog's car. Martin was driving at night without lights. Martin's wife sued Herzog. Herzog claimed that Martin's failure to use headlights resulted in the accident. Is there any provision under the common law that would come to Herzog's rescue?
Q:
John, a New York City fireman was fighting a fire when he was struck by a couch which a fellow firefighter had either thrown or pushed from a window of a burning building. John sustained injuries and sued the city for damages. In its defense, the city asserted the common law fellow-servant rule. What is the fellow-servant rule? Does it apply in this case?
Q:
The U.S. Citizen and Immigration Services broadly categorizes document abuse into four categories. List the categories.
Q:
What are the rewards received by the whistleblower as part of the IRS Whistleblowers Rewards Program?
Q:
Pat Whatmore worked as manager at National Banks. One morning, a National branch received a telephone call from Whatmore, who claimed that he had been forced at gunpoint to help rob the bank. Later that same day, National Banks' regional security manager requested Whatmore to take a polygraph examination in order to eliminate his name from the list of suspects. Whatmore refused and sued the bank for the breach of privacy. Is the bank justified in asking Whatmore to take a polygraph test?
Q:
What should be the main consideration of employers who wish to have employment disputes arbitrated?
Q:
What is the purpose and jurisdiction of Occupational Safety and Health Administration (OSHA)?
Q:
What kinds of impairments are covered under the Americans with Disabilities Act (ADA) and what are not?
Q:
What kind of alterations would an employer expect to make to accommodate a disabled employee?
Q:
A cashier easily becomes fatigued because she can make only partial use of one of her legs. As a result, she has difficulty making it through her shift. The employee requests a stool because sitting greatly reduces the fatigue. Is she justified in making such a request? Discuss.
Q:
A cleaning crew works in an office building. Mike is a member of the crew. He wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. Although he can perform his essential functions without problems, he cannot perform the marginal function of sweeping the steps located throughout the building. The marginal functions of a second crew member include cleaning the small kitchen in the employee's lounge, which is something that Mike can perform. Mike requests his employers to allow him to clean the kitchen rather than sweeping the steps. His employer refuses the request. Is the employer legally right in doing so?
Q:
What do the final regulations published by EEOC, while implementing Title II of Genetic Information Nondiscrimination Act (GINA), intend to do?
The EEOC regulations, which became effective on January 11, 2011, are intended to:
Prohibit the use of genetic information in employment decisions.
Restrict employers from requesting, requiring, or purchasing genetic information.
Require that genetic information be maintained as a confidential medical records and place strict limits on the disclosure of genetic information.
Provide remedies for individuals whose genetic information is acquired, used, or disclosed in violation of Genetic Information Nondiscrimination Act (GINA).
Q:
What are the remedies available to plaintiffs under the Age Discrimination in Employment Act (ADEA)?
Q:
What protections are afforded to employees under the Age Discrimination in Employment Act (ADEA)?
Q:
What advantages exist in using Section 1981 instead of Title VII as the basis of a lawsuit?
Q:
Eastern Airlines allowed younger pilots who had become disabled to transfer automatically to the position of flight engineer, but did not allow pilots and co-pilots past the age of 60 to do the same. Which law does Eastern Airlines violate?
Q:
Mena Vaska is an employee at Bill's Department Store for approximately 10 years as an assistant manager. Despite her supervisors' assurances that she is among the top candidates for a promotion, she is repeatedly passed over. Five store manager positions are given to less-experienced and less-qualified men within a two-month period, as well as to women with no children or to women who assure their bosses they would have no more children. Mena has one kid and is pregnant again. Mena thinks that her motherhood is the reason for her being passed over for promotion. What legal course does Mena have?
Q:
Tom is a cop and has a reputation for being one of the toughest men in the precinct. He regularly hangs out with the guys and flirts with the women. After two years, he announces that he is gay and always has been. A week later, he is fired when his lieutenant announces that he cannot trust a gay person and feels too uncomfortable around him. If Tom files a discrimination complaint with the EEOC, what will be the outcome?
Q:
What effect did the Supreme Court case of Adarand Constructors, Inc. v. Pena have in defining affirmative action?
Q:
What is the difference between affirmative action and the setting of quotas?
Q:
What is a seniority system and what does it affect?
Q:
Mohan is a first-generation immigrant from India. He works as an engineer in a software company in the United States. He is a good worker and friendly by nature. However, he becomes the target of racial slurs and jokes of his colleagues. Does the law give Mohan the right to protect himself from such behavior of his colleagues?
Q:
According to a lawsuit filed by the EEOC a year ago, Asif Jamal, a Muslim who worked as a security officer for a nonprofit group in California, was fired after he refused the company's request to donate money to a Catholic school because the school's religious mission was different from his own beliefs. Is the nonprofit group liable to be sued for promoting religious discrimination?
Q:
Jessica Hopkins is the marketing manager of a firm. She has a stellar employment record with the firm. Jessica has won very large contracts for the firm and also is at the top of the list for billable hours. In addition, she has impeccable integrity and is considered to be one of the most intelligent members of the firm. The committee responsible for promotions felt that Jessica was not ladylike enough. Jessica was told that in order to be promoted, she needed to "dress more femininely, wear makeup, have her hair styled, and wear jewelry." Can Jessica sue the firm?
Q:
Stella is an automobile engineer and she works in one of the plants of an automobile giant. The women in the plant are routinely fondled, verbally abused, and subjected to obscene jokes, behavior, and graffiti. Stella is denied promotion when she refuses to grant sexual favors. She makes a complaint against such behavior. The company defends itself by saying that the behavior of the male workers is normal and that Stella is simply overreacting. Does Stella have any legal recourse in such a situation?
Q:
A shipyard company employed a female welder who was harassed by her male employees. The men wrote obscene graffiti directed at the victim all over the plant. The men also made numerous suggestive and offensive remarks to the victim concerning her body and the pictures posted on the walls. The victim complained about this atmosphere of harassment. The company's supervisory personnel immediately transfered the erring employees to another department. After this, the victim is seen talking to the erring employees and having lunch with them. A few days later, she sues the company for creating a hostile working environment. Does the company have any defense against the charges?
Q:
Under the 1991 Congressional amendment of the Civil Rights Act, what conditions are necessary for damages to be paid?
Q:
How did the 1991 amendments affect the Civil Rights Act of 1964?
Q:
To win a Title VII case, what must a plaintiff prove?
Q:
A restaurant refuses to serve Joe because of the color of his skin. When Joe complains about the issue, the manager of the restaurant tells Joe that the restaurant is only meant for whites and hence non-whites are not served in the restaurant. Will the manager escape liability under the provision in Title VII which allows discrimination under certain conditions?
Q:
Which of the following is considered to be a genetic test, the information from which cannot be used for firing, refusing to hire, or otherwise discriminating against individuals, under the federal law?
A. Cholesterol test
B. Analysis of proteins
C. Liver function test
D. Complete blood count test
E. Newborn screening test
Q:
The Health Insurance Portability and Accountability Act (HIPAA) applies only to:
A. life insurance companies.
B. law enforcement agencies.
C. agencies that deliver social security and welfare benefits.
D. researchers who obtain health data directly from health care providers.
E. health insurance companies.
Q:
Red Head, Inc., is a local beauty salon with three employees. Faye is black, Aimee is Jewish, and Sarah weighs 300 pounds. Statistics show that blacks have a higher rate of sickle cell anemia; Jews have a higher rate of Tay-Sachs Disease, and severely obese people have a higher rate of diabetes than the general population. Based on statistics provided by certified reputable sources regarding the likelihood of contracting the above diseases, the manager/owner of Red Head has set up a health plan in which Aimee pays a higher premium than Faye, with Sarah paying the highest premium. Which of the following is true?
A. This arrangement violates COBRA.
B. This arrangement violates HIPAA.
C. This arrangement violates ERISA.
D. Since the data used by the employer is from a certified reputable source, there is no violation of law because the insurance premium reflects the true risk.
E. This arrangement violates ADEA.
Q:
The 1991 amendments to the Civil Rights Act allow:
A. recovery of damages at any time after discrimination is practiced.
B. recovery of compensatory and punitive damages when employers are guilty of intentional discrimination.
C. recovery of compensatory and punitive damages when employers are guilty of negligent discrimination.
D. punitive damages of twice the compensatory damages when negligence is proven.
E. speculative damages along with the legal fees.
Q:
What are the types of employer action in which discrimination is prohibited?
Q:
A school's police/security force requires that all officers be over six feet tall and weigh 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.
E. disparate impact regarding minorities.
Q:
The ADA specifies that in evaluating undue hardship, all of the following must be considered EXCEPT:
A. the availability of other employment for the disabled person.
B. the cost of accommodation.
C. the resources of the employer.
D. the nature of the business.
E. the size of the employer.
Q:
A cleaning company rotates its staff to different floors on a monthly basis. One crew member has a psychiatric disability. While his mental illness does not affect his ability to perform the various cleaning functions, it does make it difficult to adjust to alterations in his daily routine. The employee has had significant difficulty adjusting to the monthly changes in floor assignments. In view of this difficulty, the employer decides to allow him to stay on one floor permanently. This is an example of:
A. disparate treatment.
B. affirmative action.
C. hostile work environment.
D. retaliation.
E. reasonable accommodation.
Q:
The _____, effective November 2009, prohibits covered employers from firing, refusing to hire, or otherwise discriminating against individuals on the basis of their genetic information.
A. Genetic Privacy and Nondiscrimination Act
B. Genetic Fairness Act
C. Genetic Information Nondiscrimination in Health Insurance Act
D. Genetic Confidentiality and Nondiscrimination Act
E. Genetic Information Nondiscrimination Act
Q:
Section 1981 of the Civil Rights Act of 1866:
A. was repealed by the passing of the Civil Rights Act of 1964.
B. addressed the right to contract by all persons.
C. was the first attempt to launch affirmative action in the U.S.
D. introduced and established the business necessity defense.
E. allowed the recovery of compensatory and punitive damages when employers are guilty of intentional discrimination.
Q:
Under Section 1981 of the Civil Rights Act of 1866:
A. damages are limited to $300,000 per person.
B. damages are unlimited.
C. a plaintiff must first go through the EEOC to file an employment suit.
D. a plaintiff can sue for unlimited damages for discrimination based on sex, religion, national origin, or age.
E. damages also include legal fees.
Q:
A person may sue for job discrimination based on age using:
A. the 1964 Civil Rights Act.
B. the EEOC.
C. Section 1981 of the Civil Rights Act of 1866.
D. the ADEA.
E. the 1875 Civil Rights Act.
Q:
The ADEA recognizes:
A. only claims based on disparate impact.
B. only claims based on disparate treatment.
C. both disparate impact and disparate treatment claims.
D. rules regarding age but not from a discrimination perspective.
E. only claims based on retaliation.
Q:
Remedies for a violation of the ADEA may include:
A. back pay.
B. interest on the arrears to be paid for the period of nonemployment.
C. a compensatory bonus for the period of nonemployment.
D. promotion for an improperly fired employee.
E. damages for the psychological trauma of being fired illegally.