HR 357 / HR357 EMPLOYMENT LAW - UNIT 3: QUIZ

HR 357 / HR357 EMPLOYMENT LAW - UNIT 3: QUIZ Federal law requires that employers create job availability announcements that encourage diversity in the applicant pool. True False p. 139, Chapter 4 Katie'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 Filing a complaint with the EEOC costs $250. True Employees who are wrongfully fired can sue on the basis of constructive discharge. True False unjust dismissal or wrongful discharge An employee hired under affirmative action need not be qualified for the position. True False Members of the Communist Party are not covered under Title VII. True Offering training to independent contractors is recommended. True False Chapter 1 Statements in an employee policy manual are never viewed as binding on the employer. True False Chapter 1 Employer liability can arise from interview questions. False Chapter 4 Not checking references for job applicants could lead to liability for negligent hiring. True False Ch 4. Employers cannot be liable for providing references for former employees. True False Chapter 4 Title VII applies only to private employers­not to government agencies. False Chapter 3 It applies to private and public employers. At will employees can be fired for any reason including because of gender and race. True False Chapter 2 Title VII liability is based on state law. True False Chapter 4 State laws sometimes prohibit discrimination on the basis of affinity orientation or marital status. False Chapter 4 Under the economic realities test, a worker is considered an employee if he can quit any time without liability. True False Chapter 1. Independent contractors must pay all taxes on their own. True False see lecture for week one An employer may request an advanced ruling from the IRS as to whether or not a position would be an True False Chapter 1 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 Business necessity is a defense to disparate impact workplace discrimination. False Chapter 2 Undue hardship is an employer defense for requests for the accommodation of employee disabilities. True False Chapter 2 Dr. Sarah Smiles, an orthodontist in Smilesville, Missouri, signed an agreement with her employer agreeing never to practice within 30 miles of Smilesville, Missouri if she left the practice. Which of the following best describes this clause? A form selection clause A noncompete clause An integrity test Chapter 1 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 Damages meant to punish wrongdoers are called . Compensatory damages Make­whole relief Retroactive seniority Chapter 2 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 Tests used to determine employee status include: The common law agency test and the 20­factor analysis Drug and alcohol tests chapter one 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 A defense to disparate treatment workplace discrimination would be . Both A and C Chapter 2 Title VII applies to employment decisions about: Training Hiring and firing Compensation and benefits All of the above Chapter 3 Polygraph testing Alcohol testing Chapter 4. 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 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 The party who brings a case at the trial level is known as: Appellant Defendant Petitioner Chapter 2 The party who appeals a case to the U. S. Supreme Court is known as: Plaintiff Petitioner Respondent Appellee Chapter 2 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 at­will employment doctrine. This exception is called: Promissory estoppel Breach of the implied covenant of good faith and fair dealing All of the above Chapter 2 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. Promoting from within can create a disparate impact on protected groups unless the employer . 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 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 shows that a test measures the subject matter accurately. Job analysis Business necessity Validation BFOQ Chapter 4. Potential employer liability can arise from: Negligent hiring Negligent supervision Negligent retention All of the above Chapter 4 Discrimination on the basis of ethnicity falls under: Race National origin Color Religion Chapter 6 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. All of the above. Chapter six 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 Discrimination on the basis of skin tone is known as: Race None of the above Chapter 6