HR 357 / HR357 EMPLOYMENT LAW - QUIZ 1

Question 1 0 / 3 pts Federal law requires that employers write down the reasons why applicants were not hired. True False p. 159, Chapter 4 Question 2 3 / 3 pts Employees who are wrongfully fired can sue on the basis of constructive discharge. True False unjust dismissal or wrongful discharge Question 3 3 / 3 ptsKatie's boss, Thomas, frequently asked her out to dinner and touched her inappropriately. She complained to his supervisor, but Thomas continued to bother her. Katie quit. This would be considered constructive discharge. True False Chapter 2 Question 4 3 / 3 pts Federal law requires that employers create job availability announcements that encourage diversity in the applicant pool. True False p. 139, Chapter 4 Question 5 3 / 3 pts Members of the Communist Party are not covered under Title VII. True FalseCh 3. Title VII excludes communists from being covered. Question 6 3 / 3 pts 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 7 3 / 3 pts Statements in an employee policy manual are never viewed as binding on the employer. True False Chapter 1 Question 8 3 / 3 pts Offering training to independent contractors is recommended. TrueFalse Chapter 1 Question 9 3 / 3 pts Employers cannot be liable for providing references for former employees. True False Chapter 4 IncorrectQuestion 10 0 / 3 pts An employer cannot be liable for discrimination if an applicant is never hired. True False Chapter 4 Question 11 3 / 3 pts Employer liability can arise from interview questions.True False Chapter 4 Question 12 3 / 3 pts Title VII applies only to private employers­not to government agencies. True False Chapter 3 It applies to private and public employers. Question 13 3 / 3 pts At will employees can be fired for any reason including because of gender and race. True False Chapter 2 Question 14 3 / 3 pts Title VII liability is based on state law.True False Chapter 4 Question 15 3 / 3 pts State laws sometimes prohibit discrimination on the basis of affinity orientation or marital status. True False Chapter 4 Question 16 3 / 3 pts 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 1Question 17 3 / 3 pts Independent contractors must pay all taxes on their own. True False see lecture for week one Question 18 3 / 3 pts Under the economic realities test, a worker is considered an employee if he can quit any time without liability. True False Chapter 1. Question 19 3 / 3 pts Intentionally including minorities and women as employees because of previous discrimination in the workplace is best described as ________________. Affirmative actionIllegal Reverse discrimination Job group analysis Chapter 5 IncorrectQuestion 20 0 / 3 pts Business necessity is a defense to disparate impact workplace discrimination. True False Chapter 2 Question 21 3 / 3 pts Undue hardship is an employer defense for requests for the accommodation of employee disabilities. True FalseChapter 2 Question 22 3 / 3 pts 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 3 / 3 pts A ____________ files a claim with the EEOC to allege a Title VII violation. Claimant DefendantRespondent Appellant Chapter 3 Question 24 3 / 3 pts Damages meant to punish wrongdoers are called _______. Compensatory damages Make­whole relief Punitive damages Retroactive seniority Chapter 2 Question 25 3 / 3 pts 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 3 / 3 pts 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 3 / 3 pts________________ 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 3 / 3 pts A defense to disparate treatment workplace discrimination would be ________. A: BFOQ B: Business necessity C: Legitimate, nondiscriminatory reason defense Both A and CChapter 2 Question 29 3 / 3 pts Title VII applies to employment decisions about: Training Hiring and firing Compensation and benefits All of the above Chapter 3 Question 30 3 / 3 pts Tests designed to find the best person for a position include: Drug testing Eligibility testingPolygraph testing Alcohol testing Chapter 4. Question 31 3 / 3 pts 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 3 / 3 pts In _________________, an employee alleges harm due to an employer's affirmative action plan. Voluntary affirmative actionJudicial affirmative action Eligibility testing Reverse discrimination Chapter 5. Question 33 3 / 3 pts The party who brings a case at the trial level is known as: Appellant Defendant Plaintiff Petitioner Chapter 2 Question 34 3 / 3 ptsThe American legal system uses legal precedents as a basis for future decisions. This principle is known as: