MAN6403: Employment Law Final Exam Study Guide
** For the short answers, please remember to put the answers in your own words! Good luck **
True/False Questions:
1. True/False – Chap.11 A covered Employer can deny FMLA leave to an eligible employee who
requests FMLA leave to care for a seriously ill adult daughter in law who lives out of state and
has no one else to care for them. True P364
2. True/False – Chap. 13 A yellow-dog contract is an agreement between an employer and a
potential employee that, as a condition of being hired or continued employment, the employee
will not join a labor union. True P. 438, Norris-La Guardia Act, DRodriguez
3. True/False – Chap. 9 According to the ADAAA, the term "disability” means a qualified
individual who has a physical or mental impairment that substantially limits one or more major
life activities. True P327
4. True/False – Chap. 15 All criminal prosecutions for OSHA violations must be brought within
five years of the occurrence. TRUE - pg. 545
5. True/False – Chap. 15 All employers must report any workplace incident to OSHA within eight
hours after the death of any employee from a work-related incident or the in-patient
hospitalization of three or more employees. True (pg 535) Mille
6. True/False – Chap. 14 All nonexempt employees covered by the FLSA must be paid overtime
after 40 hours worked per workweek at a rate of at least one and one-half times the employees'
regular hourly rate of pay. TRUE - pg. 489
7. True/False – Chap. 10 An age discrimination plaintiff must prove that the plaintiff was over the
age of 40, suffered an adverse employment action, was qualified for the position but was
rejected despite being qualified and the position remained open after the adverse action was
taken and the employed continued to seek applications from other people. True P344
8. True/False – Chap. 13 An appropriate bargaining unit is a group of two or more employees
sharing a community of interest who may reasonably be grouped together for purposes of
collective bargaining. True pg 452 Mille
9. True/False – Chap. 11 An employee is still covered under healthcare benefits when on FMLA
leave. True P367
10. True/False – Chap. 11 An employee must give at least 10 days' notice of his or her desire
for FMLA leave, if the need for the leave is foreseeable. False P364
11. True/False – Chap. 9 Characteristic predisposition to illness is covered under the ADA.
FALSE - pgs. 310-311
12. True/False - Chap. 14 Children under 14 years of age may not be employed in non-
agricultural occupations. TRUE pg. 505
,13. True/False – Chap. 10 ERISA does not protect retirement plans against misfeasance by
plan trustees FALSE pg, 569-570 (found this answer in Ch. 16 not 10…)
14. True/False – Chap. 15 Each year the Occupational Safety and Health Administration
(OSHA) collects and reports data on work-related injuries and illnesses from information
supplied by employers in specific industries and workforce sizes. True P. 521, Federal Job
Safety Laws, D Rodriguez
15. True/False – Chap. 8 Employees have the duty to timely inform employers of religious
beliefs and what accommodation the belief requires. Employers may not require employees to
provide detailed explanations of their beliefs or of why an accommodation is needed.
True P274-275 Ally
16. True/False – Chap. 13 Employees may engage in protected concerted activities at any time
during work hours.TRUE - pg. 455
17. True/False – Chap. 17 Employers are required to retain the Form 1-9 along with records
showing that they have examined the identity and employment authorization documents. TRUE
- pg. 620
18. True/False – Chap. 15 Employers can be held responsible for hazards that are known
throughout the industry. True - Pg. 526 (Rachel)
19. True/False – Chap. 9 Employers may claim that due to the diminished capacity of a worker
during a flare-up period of an illness precludes the worker from being qualified for the position.
TRUE - pg. 307
20. True/False – Chap. 9 Employers must treat the nondisabled and disabled equally if they are
equally qualified and the disabled person does not require accommodation. True - Pg. 327
(Rachel Palmer)
21. True/False – Chap. 11 Federal law expressly prohibits employers from discriminating
against or discharging any employee who exercises or attempts to exercise any rights provided
by the FMLA. True P366
22. True/False – Chap. 8 For a claimant to establish a prima facie case of failure to make a
reasonable accommodation of religious beliefs or practices, the claimant only has to show the
existence of a sincere religious belief or practice that conflicts with an employment requirement.
False P279 Ally
23. True/False – Chap. 8 For the employer to avoid liability after a claimant has established a
prima facie case of failure to make a reasonable accommodation, the employer must
demonstrate that a reasonable accommodation was offered but was not accepted or that an
undue hardship exists making a reasonable accommodation impossible. True P279-280 Ally
24. True/False – Chap. 17 Form 1-9 establishes that the employer has properly verified its
employees' identities and employment authorization. TRUE pg. 607
, 25. True/False – Chap. 14 Generally, the FLSA covers three main areas of federal regulation,
the minimum wage laws, how hours worked are calculated, and when and to whom overtime
must be paid. FALSE pg. 480 - sets minimum wage, overtime, and regulates youth
employment Danielle
26. True/False – Chap. 17 ICE may conduct investigations for suspected violations of the
immigration laws and may directly request that employers produce employees' status
confirmation documents. TRUE pg. 623
27. True/False – Chap. 17 IRCA makes it unlawful for employers to knowingly hire unauthorized
aliens. TRUE pg. 209
28. True/False – Chap. 9 If a reasonable accommodation would impose undue hardship, an
employer is not required to provide that accommodation. TRUE pg 277
29. True/False – Chap. 9 If an applicant or employee is unable to perform a job as required or is
unable to do so without endangering themselves or the health or safety of others, the employer
need not hire or retain the employee. However, employers should first consider the duty to make
a reasonable accommodation before making any adverse employment decision. TRUE pg 314
30. True/False – Chap. 9 If an employee needs an accommodation and the cost constitutes an
undue burden, the employer must give the employee the option to pay part of the cost of the
accommodation. FALSE pg 315
31. True/False – Chap. 10 If an employer utilizes neutral criteria in making its decision to
terminate selected employees, then it has a strong defense to an age discrimination claim.
TRUE pg 353
32. True/False – Chap. 14 If the employee is required to remain on-call on the employer's
premises or so close that the employee cannot use the time effectively for his/her own
purposes, the employee is working while on-call. TRUE pg 488
33. True/False – Chap. 9 In order for an impairment to be 'substantially limiting’ the EEOC
proposed that it merely needs to affect a 'major life activity.’ TRUE pg 306-307
34. True/False – Chap. 11 Laws against genetic discrimination in the workplace are now in
effect in the majority of states and the District of Columbia. True P391
35. True/False – Chap. 15 Manufacturers and importers of hazardous materials must provide
customers with material safety data sheets (MSDS). True Pg. 530 (The book is outdated: SDS
is what is required under OSHA Standards today) I will ask the professor how we should
answer. Professors never responded (As always) we are going with what the book says. But, to
make it clear SDS Safety Data Sheet was changed by OSHA 2012 MSDS Material Safety Data
Sheet is the old standard requirement and that is what the old-outdated book has. They are test
on the book and the book answer is TRUE Pg. 530
36. True/False – Chap. 15 OSHA exempts small businesses with 10 or fewer employees from
injury and illness reporting requirements. False Pg. 534
** For the short answers, please remember to put the answers in your own words! Good luck **
True/False Questions:
1. True/False – Chap.11 A covered Employer can deny FMLA leave to an eligible employee who
requests FMLA leave to care for a seriously ill adult daughter in law who lives out of state and
has no one else to care for them. True P364
2. True/False – Chap. 13 A yellow-dog contract is an agreement between an employer and a
potential employee that, as a condition of being hired or continued employment, the employee
will not join a labor union. True P. 438, Norris-La Guardia Act, DRodriguez
3. True/False – Chap. 9 According to the ADAAA, the term "disability” means a qualified
individual who has a physical or mental impairment that substantially limits one or more major
life activities. True P327
4. True/False – Chap. 15 All criminal prosecutions for OSHA violations must be brought within
five years of the occurrence. TRUE - pg. 545
5. True/False – Chap. 15 All employers must report any workplace incident to OSHA within eight
hours after the death of any employee from a work-related incident or the in-patient
hospitalization of three or more employees. True (pg 535) Mille
6. True/False – Chap. 14 All nonexempt employees covered by the FLSA must be paid overtime
after 40 hours worked per workweek at a rate of at least one and one-half times the employees'
regular hourly rate of pay. TRUE - pg. 489
7. True/False – Chap. 10 An age discrimination plaintiff must prove that the plaintiff was over the
age of 40, suffered an adverse employment action, was qualified for the position but was
rejected despite being qualified and the position remained open after the adverse action was
taken and the employed continued to seek applications from other people. True P344
8. True/False – Chap. 13 An appropriate bargaining unit is a group of two or more employees
sharing a community of interest who may reasonably be grouped together for purposes of
collective bargaining. True pg 452 Mille
9. True/False – Chap. 11 An employee is still covered under healthcare benefits when on FMLA
leave. True P367
10. True/False – Chap. 11 An employee must give at least 10 days' notice of his or her desire
for FMLA leave, if the need for the leave is foreseeable. False P364
11. True/False – Chap. 9 Characteristic predisposition to illness is covered under the ADA.
FALSE - pgs. 310-311
12. True/False - Chap. 14 Children under 14 years of age may not be employed in non-
agricultural occupations. TRUE pg. 505
,13. True/False – Chap. 10 ERISA does not protect retirement plans against misfeasance by
plan trustees FALSE pg, 569-570 (found this answer in Ch. 16 not 10…)
14. True/False – Chap. 15 Each year the Occupational Safety and Health Administration
(OSHA) collects and reports data on work-related injuries and illnesses from information
supplied by employers in specific industries and workforce sizes. True P. 521, Federal Job
Safety Laws, D Rodriguez
15. True/False – Chap. 8 Employees have the duty to timely inform employers of religious
beliefs and what accommodation the belief requires. Employers may not require employees to
provide detailed explanations of their beliefs or of why an accommodation is needed.
True P274-275 Ally
16. True/False – Chap. 13 Employees may engage in protected concerted activities at any time
during work hours.TRUE - pg. 455
17. True/False – Chap. 17 Employers are required to retain the Form 1-9 along with records
showing that they have examined the identity and employment authorization documents. TRUE
- pg. 620
18. True/False – Chap. 15 Employers can be held responsible for hazards that are known
throughout the industry. True - Pg. 526 (Rachel)
19. True/False – Chap. 9 Employers may claim that due to the diminished capacity of a worker
during a flare-up period of an illness precludes the worker from being qualified for the position.
TRUE - pg. 307
20. True/False – Chap. 9 Employers must treat the nondisabled and disabled equally if they are
equally qualified and the disabled person does not require accommodation. True - Pg. 327
(Rachel Palmer)
21. True/False – Chap. 11 Federal law expressly prohibits employers from discriminating
against or discharging any employee who exercises or attempts to exercise any rights provided
by the FMLA. True P366
22. True/False – Chap. 8 For a claimant to establish a prima facie case of failure to make a
reasonable accommodation of religious beliefs or practices, the claimant only has to show the
existence of a sincere religious belief or practice that conflicts with an employment requirement.
False P279 Ally
23. True/False – Chap. 8 For the employer to avoid liability after a claimant has established a
prima facie case of failure to make a reasonable accommodation, the employer must
demonstrate that a reasonable accommodation was offered but was not accepted or that an
undue hardship exists making a reasonable accommodation impossible. True P279-280 Ally
24. True/False – Chap. 17 Form 1-9 establishes that the employer has properly verified its
employees' identities and employment authorization. TRUE pg. 607
, 25. True/False – Chap. 14 Generally, the FLSA covers three main areas of federal regulation,
the minimum wage laws, how hours worked are calculated, and when and to whom overtime
must be paid. FALSE pg. 480 - sets minimum wage, overtime, and regulates youth
employment Danielle
26. True/False – Chap. 17 ICE may conduct investigations for suspected violations of the
immigration laws and may directly request that employers produce employees' status
confirmation documents. TRUE pg. 623
27. True/False – Chap. 17 IRCA makes it unlawful for employers to knowingly hire unauthorized
aliens. TRUE pg. 209
28. True/False – Chap. 9 If a reasonable accommodation would impose undue hardship, an
employer is not required to provide that accommodation. TRUE pg 277
29. True/False – Chap. 9 If an applicant or employee is unable to perform a job as required or is
unable to do so without endangering themselves or the health or safety of others, the employer
need not hire or retain the employee. However, employers should first consider the duty to make
a reasonable accommodation before making any adverse employment decision. TRUE pg 314
30. True/False – Chap. 9 If an employee needs an accommodation and the cost constitutes an
undue burden, the employer must give the employee the option to pay part of the cost of the
accommodation. FALSE pg 315
31. True/False – Chap. 10 If an employer utilizes neutral criteria in making its decision to
terminate selected employees, then it has a strong defense to an age discrimination claim.
TRUE pg 353
32. True/False – Chap. 14 If the employee is required to remain on-call on the employer's
premises or so close that the employee cannot use the time effectively for his/her own
purposes, the employee is working while on-call. TRUE pg 488
33. True/False – Chap. 9 In order for an impairment to be 'substantially limiting’ the EEOC
proposed that it merely needs to affect a 'major life activity.’ TRUE pg 306-307
34. True/False – Chap. 11 Laws against genetic discrimination in the workplace are now in
effect in the majority of states and the District of Columbia. True P391
35. True/False – Chap. 15 Manufacturers and importers of hazardous materials must provide
customers with material safety data sheets (MSDS). True Pg. 530 (The book is outdated: SDS
is what is required under OSHA Standards today) I will ask the professor how we should
answer. Professors never responded (As always) we are going with what the book says. But, to
make it clear SDS Safety Data Sheet was changed by OSHA 2012 MSDS Material Safety Data
Sheet is the old standard requirement and that is what the old-outdated book has. They are test
on the book and the book answer is TRUE Pg. 530
36. True/False – Chap. 15 OSHA exempts small businesses with 10 or fewer employees from
injury and illness reporting requirements. False Pg. 534
