HR 357 / HR357 EMPLOYMENT LAW – UNIT: QUIZ 1-2-3

HR 357 / HR357 EMPLOYMENT LAW – UNIT: QUIZ 1-2-3 Question 1 Members of the Communist Party are not covered under Title VII. True False Ch 3. Title VII excludes communists from being covered. Question 2 Federal law requires that employers create job availability announcements that encourage diversity in the applicant pool. True False p. 139, Chapter 4 Question 3 Alicia hires Samuel as an employee at Alicia's Awesome Antiques. He buys antiques at yard sales and sells them in her store in Parkville, Missouri and also at her storefront on eBay. Alicia is the agent; Samuel is the principal. True False Ch 1. The employer is the principal; the employee is the agent. Question 4 Filing a complaint with the EEOC costs $250. True False it is free to file. Chapter 3. Question 5 Employees who are wrongfully fired can sue on the basis of constructive discharge. True False unjust dismissal or wrongful discharge Question 6 Federal law requires that employers write down the reasons why applicants were not hired. True False p. 159, Chapter 4 Question 7 Statements in an employee policy manual are never viewed as binding on the employer. True False Chapter 1 Question 8 The laws regarding noncompete agreements can vary by state. True False Chapter 1 Question 9 A statement made by an employer during a job interview could create an implied contract. True False Chapter 2 Question 10 Employer liability can arise from interview questions. True False Chapter 4 Question 11 Not checking references for job applicants could lead to liability for negligent hiring. True False Ch 4. Question 12 Title VII applies only to private employers-not to government agencies. True False Chapter 3 It applies to private and public employers. Question 13 Employees who have a one year employment contract are considered at will. True False Chapter 2 Question 14 Title VII liability is based on state law. True False Chapter 4 Question 15 State laws sometimes prohibit discrimination on the basis of affinity orientation or marital status. True False Chapter 4 Question 16 An independent contractor receives the same benefits as an employee. True False see lecture for week one Question 17 Under the economic realities test, a worker is considered an employee if he can quit any time without liability. True False Chapter 1. Question 18 An employer may request an advanced ruling from the IRS as to whether or not a position would be an employee or independent contractor. True False Chapter 1 Question 19 Intentionally including minorities and women as employees because of previous discrimination in the workplace is best described as . Affirmative action Illegal Reverse discrimination Job group analysis Chapter 5 Question 20 Business necessity is a defense to disparate impact workplace discrimination. True False Chapter 2 Question 21 Undue hardship is an employer defense for requests for the accommodation of employee disabilities. True False Chapter 2 Question 22 Dr. Sarah Smiles, an orthodontist in Smilesville, Missouri, signed an agreement with her employer stating that Kansas law will be applied to any disputes. This agreement is an example of… A forum selection clause A noncompete clause An illegal agreement Inevitable disclosure Chapter 1 Question 23 Anna has been clearly discriminated at work because of her gender. She visits an attorney's office to file a lawsuit. The lawyer tells her that she needs a in order to sue her employer in court. Right to sue letter Judicial review De novo review Polygraph test Chapter 3 Question 24 The remedies under Title VII include: Back and front pay Retroactive seniority Compensatory damages All of the above Chapter 2 Question 25 Vicarious liability … Does not apply to independent contractors. Applies only within the scope of employment. Can create significant tort liability for employers. All of the above. chapter one Question 26 The definition of an employer… Varies by statute. Is always the same under Federal law. Is determined based on the ratio of independent contractors to employees. None of the above. Chapter one Question 27 occurs when employers treat similar employees differently due to race, color, sex, national origin, or religion. Disparate treatment Disparate impact Promissory estoppel Retroactive seniority Chapter 2 Question 28 A defense to disparate treatment workplace discrimination would be . A: BFOQ B: Business necessity C: Legitimate, nondiscriminatory reason defense Both A and C Chapter 2 Question 29 Under Title VII, employment discrimination on the basis of is prohibited. Affinity orientation Disability National origin Age Chapter 3. Question 30 Tests designed to find the best person for a position include: Drug testing Eligibility testing Polygraph testing Alcohol testing Chapter 4. Question 31 Affirmative action by court order to make up for past discrimination found in the working environment is called . Voluntary affirmative action Judicial affirmative action Reverse discrimination A quota system Chapter 5 Question 32 If an employer creates an affirmative action plan without being required to do so by law, he must follow strict rules to avoid liability under . Reverse discrimination Judicial affirmative action Voluntary affirmative action A quota system Chapter 5 Question 33 Cinderella brought a lawsuit against her fairy godmother in district court alleging that she negligently manufactured glass slippers, causing Cinderella to be injured at a ball. The fairy godmother is the: Appellant Defendant Plaintiff Bailor Ch 2 Question 34 The American legal system uses legal precedents as a basis for future decisions. This principle is known as: jus soli habeas corpus stare decisis caveat emptor Ch 2 Question 35 Sean was recently fired by his employer although he did nothing wrong. Sean had recently reported his employer to the health inspector for violations. His employer fired him because of that. Sean's attorney told him that he could sue for retaliatory discharge under an exception to the at-will employment doctrine. This exception is called: A violation of public policy Promissory estoppel Breach of the implied covenant of good faith and fair dealing All of the above Chapter 2 Question 36 Employee discrimination claims under Federal law are based on: A: Title VII B: Negligence C: ADEA (Age Discrimination in Employment Act) A and C Chapter 4. Claims of negligencewould be under state law. Question 37 Promoting from within can create a disparate impact on protected groups unless the employer . Only promotes people recommended by supervisors. Posts an announcement to all employees advertising the new position so that all qualified candidates can apply. Only promotes poeple who have been at the company for a long time. Only promotes people with a master's degree. p. 145, Chapter 4 Question 38 Employers are required to use in job announcements so that a diverse group of applicants will be encouraged to apply. Neutral solicitation Word of mouth recruiting Validation Performance appraisals Chapter 4 Question 39 shows that a test measures the subject matter accurately. Job analysis Business necessity Validation BFOQ Chapter 4. Question 40 Potential employer liability can arise from: Negligent hiring Negligent supervision Negligent retention All of the above Chapter 4 Question 41 Discrimination on the basis of ethnicity falls under: Race National origin Color Religion Chapter 6 Question 42 Liability for race based discrimination can be based on Ancestry of employee Perception of employee as a Native American even if employee is actually German. Cousin of employee is black. All of the above. Chapter six Question 43 For an employer to be liable for racial harassment, the harassment must be: Unwelcome, based on gender, and only occasionally occurs Unwelcome, based on race, and rare Unwelcome, based on race, and only occasionally occurs Unwelcome, based on race, severe, and creates an abusive work environment Chapter six p 286 Question 44 Discrimination on the basis of skin tone is known as: Race Color National origin None of the above Chapter 6 Question 45 Discrimination of legal aliens in favor of U.S. citizens is allowed under: The Fair Labor Standards Act (FLSA) The National Labor Relations Act (NLRA) The Immigration Reform and Control Act (IRCA) All of the above