Q&A Hero

Q: Race can be a bona fide occupational qualification.

Q: Under the commerce clause, a state may charge a higher tax on out-of-state products shipped to in-state locations.

Q: State police powers relate solely to criminal law enforcement.

Q: A good business reason for a practice that has a discriminatory effect may permit an employer to avoid liability for discrimination.

Q: Congress may regulate any activity that substantially affects interstate commerce.

Q: Only federal law governs drug tests of private-sector employees.

Q: Terminating an employee who uses drugs violates the Americans with Disabilities Act of 1990.

Q: An employer must modify its job-application process so that those with disabilities can compete for jobs with those who do not have disabilities.

Q: An employer may avoid laws regulating monitoring activities by informing employees that they are subject to monitoring.

Q: The courts can hold acts of the legislative and executive branches unconstitutional.

Q: Under the Americans with Disabilities Act of 1990, disabled employees are entitled to "reasonable accommodation."

Q: Generally, an employer's monitoring of electronic commu­nications in the workplace does not violate employee' privacy rights.

Q: Under the Constitution, the executive branch enforces the laws.

Q: The Americans with Disabilities Act of 1990 defines disabled persons as persons impaired mentally or physically "in any way."

Q: An employee can continue the health benefits provided by his or her employer for a period of time only on an involuntary loss of employment.

Q: The Constitution grants certain powers to the national government.

Q: Under the Americans with Disabilities Act of 1990, a person with a men­tal impairment that "substantially limits" everyday activities is not disabled.

Q: Employers that fall under the provisions of the Federal Unemployment Tax Act of 1935 are taxed at regular intervals.

Q: The Constitution provides for three branches of government.

Q: Under the Americans with Disabilities Act of 1990, a person with a physi­cal impairment that "substantially limits" everyday activities is disabled.

Q: There is federal regulation of employer' retirement plans for employees.

Q: The federal government retains all powers not specifically delegated to the states.

Q: A federal form of government is one in which sovereign power is vested entirely in a central governing authority.

Q: An employer must hire a dis­abled applicant even if he or she lacks neces­sary job qualifications.

Q: Acorn Brewery, Inc., makes and sells alcoholic beverages with labels that display a drawing of a squirrel making the gesture generally known as "giving the finger." Acorn applies to the Ohio State Liquor Authority (OSLA) for brand-label approval to sell the beer in Ohio. Without considering alternatives, OSLA denies approval because "the label could appear in grocery stores, with obvious exposure on the shelf to children of tender age." Why would a court hold that the denial of Acorn's application violates the First Amendment?

Q: All unemployed workers who are willing and able to work are eligible for unemployment compensation.

Q: The basis for an employee's contribution to Social Security is the employee's age.

Q: To establish a prima facie case of discrimina­tion under the Americans with Disabilities Act of 1990, a plaintiff must show that dis­criminatory in­tent motivated an employer's decision.

Q: Ann operates Ann's Fruits & Vegetables, a small market stocked entirely with produce grown on her adjacent farm. Under what clause of the Constitution can the federal government regulate Ann's activities? What is Ann's best argument against federal regulation of her farm and business?

Q: Both employers and employees contribute to help pay for benefits that will partially make up for the employee' loss of income on retirement.

Q: The Age Discrimination in Employment Act of 1967 prohibits employ­ment discrimi­nation on the basis of age against persons over eighteen.

Q: Urban City enacts an ordinance to allow only a few street vendors to operate in certain areas, for the purpose of reducing traffic. A court would likely hold this to be a. constitutional under the due process clause. b. constitutional under the equal protection clause. c. unconstitutional under the due process clause. d. unconstitutional under the equal protection clause.

Q: Title VII does not cover employees' online activities.

Q: An employee can usually recover worker' compensation for injuries occurring on the commute to and from work.

Q: South Carolina enacts a statute to impose a prison term, without a trial, on all street vendors who operate in certain areas. A court would likely hold this to be a. constitutional under the due process clause. b. constitutional under the equal protection clause. c. unconstitutional under the due process clause. d. unconstitutional under the equal protection clause.

Q: Only the federal government sets safety standards governing workplaces.

Q: Compensatory damages are only available for victims of in­tentional employment dis­crimination.

Q: Mary claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on a. procedures used in making decisions to take life, liberty, or property. b. the content of the statute. c. the similarity of the treatment of similarly situated individuals. d. the steps to be taken to protect Mary's privacy.

Q: If an employee dies in a work-related incident, the employer must notify OSHA within eight hours.

Q: Damages are available for victims of in­tentional employment dis­crimi­nation based on gender, religion, age, or disability.

Q: State worker' compensation laws establish a procedure for employees injured on the job to sue their employers.

Q: Colorado enacts a statute that limits the liberty of all persons, including corporations, to broadcast "annoying" radio commercials. This may violate a. equal protection. b. procedural due process. c. substantive due process. d. the right to privacy.

Q: An employer is not liable for the sexual harassment of an employee by a co-worker.

Q: A key employee is defined as an employee whose pay falls within the top 10 percent of the firm's workforce.

Q: The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers, Dave confesses to a crime and implicates his friends. The Constitution protects against a. obscene speech only. b. others' implication only. c. unreasonable searches only. d. obscene speech, others' implication, and unreasonable searches.

Q: An employer can be liable for an employee's sexual harassment of a member of the same gender.

Q: Under federal law, only key employees who take temporary family or medical leave are entitled to job reinstatement.

Q: It is not unlawful for an employer to retaliate against an employee who has opposed a discriminatory employment practice.

Q: Xtreme Publications, Inc., disseminates obscene materials. Under numerous state and federal statutes, this is a. a crime. b. a privilege under Article IV, Section 2. c a right under the commerce clause. d. a right under the First Amendment.

Q: An employer is not liable for the sexual harassment of an employee by the employee's supervisor.

Q: Minnesota enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court 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: All employers must provide their employees with up to twelve months of family or medical leave.

Q: Congress enacts the Tight Money Act (TMA) of 2006 to ban "major business entities" from making political contributions that individuals can make. A court would likely hold the TMA 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: A small difference in job content can justify higher pay for one gender.

Q: Employees are entitled to overtime pay only at their employer's discretion.

Q: Employees who receive tips on the job cannot be paid less in direct wages than the federal minimum wage.

Q: Lake City enacts an ordinance that bans minors between fifteen and seventeen years old from public places after 10 p.m. on weeknights unless accompanied by a parent or guardian. According to the decision in Case 4.1, Hodgkins v. Peterson, this ordinance impacts minors' rights to a. engage in interstate commerce under the commerce clause. b. full faith and credit under Article IV, Section 1. c. privileges and immunities under Article IV, Section 2. d. worship, associate, and speak freely under the First Amendment.

Q: Under the Equal Pay Act of 1963, all of the women on an employer's staff must be paid the same as all of the men.

Q: Children must be at least thirteen years old to work in hazardous occupations.

Q: Gender can be a determining factor in an employer's decision to hire, fire, or promote an employee.

Q: A Metro City ordinance bans the sale of "violent video games" to minors. A court would likely hold this ordinance 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 local interests.

Q: An employee who is fired outside of the terms of an implied employment contract may succeed in an action for breach of contract.

Q: Disparate-impact discrimination occurs when an employer intention­ally discrim­inates against an employee who is a member of a protected class.

Q: The Baytown City Council enacts an ordinance that bans the distribution of all printed materials on city streets. A court would likely hold that this law is a. constitutional under the First Amendment. b. not governed by the Constitution. c. unconstitutional under the commerce clause. d. unconstitutional under the First Amendment.

Q: Mike, an advocate of a certain religion, publishes an article in New Times magazine insisting that Congress base all federal law on his religion's principles. The First Amendment guarantees Mike's freedom of a. religion only. b. speech only. c. the press only. d. the press, speech, and religion.

Q: Lack of discriminatory intent is a complete defense to a charge of unlawful employment discrimination.

Q: A promise that an employer makes in an employee handbook regarding discharge will not be considered part of an implied contract.

Q: Whistleblower statutes protect employers who report their employee' wrongdoing.

Q: Fred, the president of Good Retail Corporation, claims that certain actions by the federal government and the state of Hawaii infringe on rights guaranteed by the Bill of Rights. Most of these rights limit a. neither the state government nor the federal government. b. the federal government only. c. the state government and the federal government. d. the state government only.

Q: Job requirements that relate to job performance cannot violate employment discrimination laws.

Q: Whistleblower statutes protect employees from retaliatory discharge.

Q: The American Transportation Association wants the federal government to spend money to build a new highway. Congress can spend revenues a. only to carry out Congress's enumerated powers. b. to promote any objective that Congress deems worthwhile. c. without regard to whether the expense violates the Bill of Rights. d. without regard to whether the expense violates the Constitution.

Q: A victim of alleged discrimination must bring a suit against an employer before filing a claim with the Equal Employment Opportunity Commission.

Q: Under the employment-at-will doctrine, an employer can end an em­ployment relationship at any time.

Q: Carl files a suit against the federal government to block the enforcement of a new tax law. Carl claims that Congress attempted to regulate indirectly, by taxation, an area over which it has no authority. If the court agrees, it will a. invalidate the tax if it is reasonable. b. invalidate the tax without considering whether it is reasonable. c. validate the tax if it is reasonable. d. validate the tax without considering whether it is reasonable.

Q: To establish a prima facie case of discrimina­tion under Title VII, a plain­tiff must show that discriminatory intent motivated an em­ployer's decision.

Q: To bring an action against an employer based on intentional dis­crimina­tion, a person must show that he or she is a mem­ber of a protected class.

Q: If there is a direct conflict between a federal law and an Alaska state law a. Alaska's law takes precedence. b. both laws are invalid. c. both laws govern concurrently. d. the federal law takes precedence.

Q: A whistleblower is an employee who reveals confidential information about a fellow employee to an employer.

Q: Tom files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute a. imposes a substantial burden on interstate commerce. b. promotes the public order, health, safety, morals, or general welfare. c. regulates activities within Utah's borders. d. regulates private activities.