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Q:
Network Industries, Inc., wants to monitor its employee' electronic comÂmunications. To avoid liability under laws related to employee monitorÂing, Network should announce the monitoring to
a. no one.
b. the employees.
c. the government.
d. the public generally.
Q:
Kyla is a salesperson for Liberty Financial Corporation. Micky is also a Liberty salesperson. Neil is Kyla and Micky's supervisor. Owen is a Liberty customer. Liberty may be liable for sexual harassment to Kyla by
a. Micky only.
b. Micky, Neil, or Owen.
c. Micky or Neil only.
d. Neil only.
Q:
Best Sales Corporation regularly advertises its products. Under the First Amendment, these ads and other commercial speech are given
a. less protection than noncommercial speech.
b. more protection than noncommercial speech.
c. no protection.
d. the same protection as noncommercial speech.
Q:
Fact Pattern 25-2Kit, manager of Long-Term Care Company's office in Metro City, decides to replace the office's male employees with females. Nia, an assistant manager transferred from a different Long-Term Care office, refuses to cooperate. Kit retaliates against Nia, who quits. Within a year, the male employees also quit.Refer to Fact Pattern 25-2. Liability for Kit's conduct most likely rests witha. Long-Term Care male employees, who should have acted themselves.b. Long-Term Care, which should have known, and Kit, who acted.c. Nia, who did not cooperate.d. no one, because no law was violated.
Q:
Alpha Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given
a. little protection.
b. no protection.
c. significant protection.
d. total protection.
Q:
Investors Fund, a large financial institution, announces that it will start monitoring its employee' electronic communications. If Mary, an Investors Fund employee, resists this policy, her best arguÂment is that the monitoring violates
a. employee privacy rights.
b. worker health and safety.
c. federal labor law.
d. the employment-at-will doctrine.
Q:
Indiana enacts a statute that bans the distribution of anonymous political leaflets. A court would likely hold this to be
a. an unconstitutional restriction of speech.
b. constitutional under the First Amendment.
c. justified by the need to protect individual rights.
d. necessary to protect state interests.
Q:
Which of the following is not a common form of electronic surveillance of employees in the workplace?
a. Reviewing employee' emails
b. Requiring employees to wear electronic location monitoring bracelets
c. Video-recording job performance
d. Listening to employee' telephone conversations
Q:
Fact Pattern 25-2Kit, manager of Long-Term Care Company's office in Metro City, decides to replace the office's male employees with females. Nia, an assistant manager transferred from a different Long-Term Care office, refuses to cooperate. Kit retaliates against Nia, who quits. Within a year, the male employees also quit.Refer to Fact Pattern 25-2. Kit's conduct is most likely a violation ofa. no law.b. the Age Discrimination in Employment Act.c. the Americans with Disabilities Act.d. Title VII of the Civil Rights Act.
Q:
Julie works as an employee for Organic Produce Express, Inc. (OPI). Rowan, who is unemployed, collects unemployment compensaÂtion. This compensation is provided by a tax on
a. Julie and other employees.
b. Julie, OPI, and other employees and employers.
c. OPI and other employers.
d. not Julie, OPI, or other employees or employers.
Q:
Marie, an employee of Nickel Tool Company, files a sexual-harassment suit against Owen, her supervisor. Marie wins. Nickel may also be liable if it had effective harassment policies and complaint procedures, and
a. Marie failed to follow them.
b. Marie followed them.
c. Owen failed to follow them.
d. Owen followed them.
Q:
River Town enacts an ordinance that bans minors under eighteen years old from public places after 11 p.m. on weeknights unless accompanied by a parent or guardian. According to the court in Case 4.1, Hodgkins v. Peterson, the constitutional rights impacted by this ordinance are necessary for
a. adults to enjoy privileges to which minors are "immune."
b. businesses to take full advantage of interstate commerce.
c. minors to understand and exercise their freedom as citizens.
d. persons to protect their privacy during late night hours.
Q:
Dian, a U.S. citizen, is the owner of Eagle, Inc. The Bill of Rights embodies a series of protections for Dian against various types of interference by
a. business entities only.
b. private individuals only.
c. the government only.
d. business entities, private individuals, and the government.
Q:
Phyllis intentionally injures herself while performing her job for Stone Cutters, Inc. Phyllis will be entitled to
a. full worker' compensations.
b. half of the normal worker' compensation.
c. 10 percent of the normal worker' compensation.
d. no worker' compensation.
Q:
Rona is Stu's administrative assistant and both work for TriCounty Labor Inc. Stu tells Rona that for sexual favors, he will give her an excellent performance review and recommend a raise. This is
a. harassment on the basis of sexual orientation.
b. hostile-environment harassment.
c. not harassment.
d. quid pro quo harassment.
Q:
Greta is the only female employee in the maintenance department of Hydraulics Inc. Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is
a. a constructive discharge on the basis of gender discrimination.
b. a harassing discharge on the basis of treatment discrimination.
c. a voluntary discharge on the basis of impact discrimination.
d. not a discharge or discrimination.
Q:
Clive works for Digby Excavation Corporation. While operating a backhoe, Clive suffers an injury. Clive will be compenÂsated under state worker' compensation laws only if
a. he does not have health insurance.
b. he is completely disabled.
c. his injury was accidental.
d. his injury was intentional.
Q:
Ron, the chief executive officer of Standard Business Corporation claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights. Most of these rights are held to limit state government actions under
a. the commerce clause.
b. the due process clause of the Fourteenth Amendment.
c. the equal protection clause of the Fourteenth Amendment.
d. the Tenth Amendment.
Q:
Hoppy, who works as an employee for Imperial Power Corporation, sufÂfers an injury in an accident. Hoppy will be compenÂsated under state workÂer' compensation laws
a. only if the injury occurred during working hours.
b. only if the injury occurred off the job.
c. only if the injury occurred on the job.
d. whenever and wherever the injury occurred.
Q:
Lloyd and Milly are employees of NuTech Corporation. They have the same job. Under the Equal Pay Act, NuTech can legitimately pay Lloyd more than Milly on the basis of
a. Lloyd's greater production only.
b. Lloyd's greater production or seniority.
c. Lloyd's greater seniority only.
d. neither Lloyd's greater production nor his greater seniority.
Q:
Congress enacts the Revised Income Tax Act (RITA) of 2006, which bears a reasonable relationship to revenue production. RITA will be
a. struck down.
b. upheld.
c. weighed in terms of the burden on the states and the purpose of interstate commerce.
d. weighed in terms of the government's interest in the law's purpose and the burden on interstate commerce.
Q:
When there is a direct conflict between a decision by a federal Environmental Protection Agency (EPA) administrator on a matter that comes within the EPA's jurisdiction and a Hawaii state law
a. Hawaii's law takes precedence.
b. both the decision and the law are invalid.
c. both the decision and the law apply concurrently.
d. the EPA's decision takes precedence.
Q:
Jo works for Tall Tales Publishing, Inc. The basis for Jo's contribution under the Federal Insurance Contribution Act (FICA) is based on her
a. seniority at Tall Tales.
b. annual wage base.
c. special job skills.
d. county of residence.
Q:
Research Statistics Corporation uses a merit system to pay its employees according to their job performance. Suki, a female, and Troy, a male, are Research employees with comparable jobs. Due to superior performance, Suki is paid more than Troy. This is
a. disparate-impact discrimination.
b. gender discrimination.
c. not discrimination.
d. reverse discrimination.
Q:
Gail is an employee of Home Appliances, Inc., but is unable to perform her job because of her pregnancy. Gail is
a. entitled to disability leave only if Home treats other temporarily disabled employees similarly.
b. entitled to disability leave under any circumstances.
c. not entitled to disability leave because she cannot perform her job.
d. not entitled to disability leave under any circumstances.
Q:
Quinn is an employee of Regional Industries, Inc. Quinn is threatened with a discharge when he refuses a transfer to a Regional department in which several employees suffered serious injuries from exposure to hazardous chemicals. Quinn may be entitled to protection from discharge under
a. no law.
b. the Family and Medical Leave Act.
c. the Occupational Safety and Health Act.
d. the state worker' compensation act.
Q:
The Massachusetts state legislature enacts a law that directly conflicts with a federal law. The state law will be rendered invalid under
a. the commerce clause.
b. the equal protection clause.
c. the establishment clause.
d. the supremacy clause.
Q:
Big Drill Oil Company employees one hundred workers. Big Drill must do all of the following except
a. keep occupational injury and illness records for each employee.
b. report any work-related diseases directly to OSHA.
c. report any employee death due to a work-related incident to OSHA within eight hours.
d. pay employees higher wages for working in more dangerous areas.
Q:
The state legislature of Ohio enacts a state transportation regulation that impinges on interstate commerce. This regulation will be
a. balanced in terms of the burden on the state against the merit and purpose of interstate commerce.
b. balanced in terms of the state's interest in its merit and purpose against the burden placed on interstate commerce.
c. struck down.
d. upheld.
Q:
United Industrial Corporation gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This is
a. a bona fide occupational practice.
b. a business necessity.
c. constructive discharge.
d. reverse discrimination.
Q:
Svetlana, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on
a. age.
b. disability.
c. gender.
d. race.
Q:
Café Cuisine Dining, Inc., employs one hundred workers at three locaÂtions in two states. Under federal law, Café Cuisine must proÂvide its employees, during any twelve-month period, family or mediÂcal leave of up to
a. twelve days.
b. twelve weeks.
c. twelve months.
d. twelve years.
Q:
Household Furnishings, Inc., distributes its merchandise on an interstate basis. Under the commerce clause, Congress has the power to regulate
a. any commercial activity in the United States.
b. only activities that are in intrastate commerce.
c. only activities that are in local commerce.
d. only activities that are not in commerce.
Q:
Under the Constitution, the legislative branch of the government
a. administers the laws.
b. enforces the laws.
c. interprets the laws.
d. makes the laws.
Q:
Riki files an employment, gender-based discrimination suit against Superior Corporation under Title VII, on a disparate-impact theory. To succeed, Riki must show that Superior hires fewer women than the percentage of
a. qualified women in the local labor market.
b. qualified women in the United States.
c. women in Superior's state.
d. women who apply to Imperial for work.
Q:
Mythic Games Company employs two hundred workers full-time. If Mythic Games plans to have a mass layoff, it must provide its employees with at least
a. thirty days of notice.
b. sixty days of notice.
c. ninety days of notice.
d. one year of notice.
Q:
Cash is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than
a. eight hours in a day.
b. forty hours in a week.
c. 160 hours in a month.
d. one year for the same employer.
Q:
Under the Constitution
a. neither the national government nor the states have sovereign power.
b. the national government and the states share sovereign power.
c. the national government exercises all sovereign power.
d. the states exercise all sovereign power.
Q:
Olly applies for a job with Petro Company. Petro does not hire Olly because of his ethnicity, or national origin. This is
a. desperate-measure discrimination.
b. disparate-impact discrimination.
c. disparate-treatment discrimination.
d. not discrimination.
Q:
Lew, a member of a protected class, applies for a job with Mit-E Construction Company, but fails Mit-E's employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is
a. desperate-measure discrimination.
b. disparate-impact discrimination.
c. disparate-treatment discrimination.
d. not discrimination.
Q:
Tyrone is seventeen years old. Under the Fair Labor Standards Act, he
a. cannot work in a hazardous occupation.
b. cannot work during school hours.
c. must obtain a permit to work.
d. none of the choices.
Q:
State laws often significantly protect individuals' privacy rights.
Q:
Equal protection means that the government must treat similarly situated individuals differently.
Q:
Mold & Dye Corporation is a private employer involved in a Title VII employment discrimination suit. Punitive damages may be recovered against Mold & Dye only if the employer
a. acted with malice or reckless indifference.
b. can easily afford to pay the amount.
c. has one hundred or more employees.
d. none of the choices.
Q:
Thelma is an employee at Foreign Food Mart. Thelma is called for jury duty and as a result cannot work her scheduled shift at Foreign Food Mart. Foreign Food Mart fires Thelma. This is a violation of
a. an example of the doctrine.
b. an exception based on contract theory.
c. an exception based on public policy.
d. an exception based on tort theory.
Q:
Workbilt Hardware Company employs workers, including Gina, at six locations in two states. Workbilt's discharge of Gina outside the terms of an employment contract may result in
a. Workbilt's liability for damages.
b. Gina's deportation under the Immigration Act.
c. discontinuance of Gina's health-plan coverage.
d. monitoring Workbilt's communications for privacy violations.
Q:
Procedural due process requires that any taking of a person's life, liberty, or property by government must be made equitably, or fairly.
Q:
Hu believes that he is a victim of a form of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with this statute is monitored by
a. employees and job applicants, not an administrative agency.
b. employers and businesses, not an administrative agency.
c. the courts and Congress, not an administrative agency.
d. the Equal Employment Opportunities Commission.
Q:
A law that restricts a fundamental right violates substantive due process unless it promotes a compelling or overriding state interest.
Q:
Marvin is an employee of Wild Thing Farms. Marvin finds out that the head of Wild Thing Farms is illegally importing endangered animals to sell as pets. If Marvin reports his employer's illegal activities he will probably be protected fro retaliatory discharge by
a. unemployment statutes.
b. worker compensation statutes.
c. whistleblower statutes.
d. no statutes.
Q:
Fact Pattern 25-1Fay works for General Construction Contractors (GCC) but is the only woman on her shift. The male workers often play minor pranks on each other. Fay attempts a prank. Hank, her supervisor, fires her, because "GCC doesn"t hold with pranks."Refer to Fact Pattern 25-1. To successfully defend itself in Fay's suit, GCC must show that Hank's statement wasa. a legitimate, nondiscriminatory reason for Fay's discharge.b. not Fay's feeling about pranks at GCC.c. only a pretext for Fay's discharge.d. unofficial GCC policy.
Q:
A state law that places a significant burden on religion is unconstitutional.
Q:
An employer may not hire substitute workers to replace strikers.
Q:
Fact Pattern 25-1Fay works for General Construction Contractors (GCC) but is the only woman on her shift. The male workers often play minor pranks on each other. Fay attempts a prank. Hank, her supervisor, fires her, because "GCC doesn"t hold with pranks."Refer to Fact Pattern 25-1. Fay files a suit against GCC under Title VII. To succeed, Fay must show that Hank's statement wasa. a legitimate, nondiscriminatory reason for Fay's discharge.b. also Fay's feeling about pranks at GCC.c. only a pretext for Fay's discharge.d. unofficial GCC policy.
Q:
Management may never legally limit unionizing activities.
Q:
The First Amendment requires a complete separation of church and state.
Q:
Cody believes that Delta Corporation has discriminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To establish a prima facie case of employment discrimination, Cody must show that
a. Cody is a member of a protected class.
b. Delta has no legal defenses against the claim.
c. discriminatory intent motivated Delta's act.
d. other firms in Delta's industry have committed discriminatory acts.
Q:
Individual states may pass their own right-to-work laws.
Q:
Personnel Staffing Corporation meets all of the requirements to be subject to the federal employment discrimination laws. Among these, the most important statute prohibiting discrimination against members of protected classes is
a. the Age Discrimination in Employment Act of 1967.
b. the Americans with Disabilities Act of 1990.
c. the Pregnancy Discrimination Act of 1978.
d. Title VII of the Civil Rights Act of 1964.
Q:
The First Amendment protects obscene speech.
Q:
A restriction on commercial speech that implements a substantial government interest may be valid.
Q:
An employer can refuse to bargain collectively with a duly designated employee representative.
Q:
Unfair labor practices are defined by the Norris-LaGuardia Act.
Q:
Lee is seventy years old and Mira is gay. Based on this information, members of protected classes include
a. Lee and Mira.
b. Lee only.
c. Mira only.
d. neither Lee nor Mira.
Q:
The courts determine when the laws restricting free speech are justified by the need to protect other rights.
Q:
An employer's discrimination against job applicants or employees on certain bases may violate both federal and state laws.
Q:
The Norris-LaGuardia Act effectively declared a national policy permitting employees to organize.
Q:
The First Amendment protects symbolic speech.
Q:
To hire employees from other countries, an employer must first obtain the approval of the U.S. Immigration and Customs Enforcement.
Q:
The Bill of Rights protects individuals against various types of interference by the states and by the federal government.
Q:
At least one court has held that an affirmative action program violated the U.S. Constitution.
Q:
An employer may not hire an illegal immigrant under any circumstances.
Q:
The Bill of Rights consists of the first ten amendments to the Constitution.
Q:
Under current law, an employer cannot adopt an affirmative action plan.
Q:
Federal law does not restrict employer' use of the results of genetics tests.
Q:
An employer who discovers an employee's misconduct after discharging the employee may have a good defense to an employment discrimination suit.
Q:
Congress may tax some states and exempt others.
Q:
The privacy rights of private-sector employees are governed by state law, which varies widely.
Q:
The supremacy clause of the Constitution provides that a state law is invalid when it directly conflicts with a federal law.
Q:
An employer who hires and fires workers according to a fair seniority system may have a good defense to an employment discrimination suit.