, TESTBANK for Employment Law for Human
Resource Practice, 7th Edition David J. Walsh
Notes
1- The file is chapter after chapter.
2- We have shown you 10 pages.
3- The file contains all Appendix and Excel
sheet if it exists.
4- We have all what you need, we make
update at every time. There are many
new editions waiting you.
5- If you think you purchased the wrong file
You can contact us at every time, we can
replace it with true one.
Our email:
,Chapter 01: Overview of Employment Law
1. Employment laws are passed only by state and federal governments, not by cities or counties.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Bloom’s: Remember
QUESTION TYPE: True / False
HAS VARIABLES: False
DATE CREATED: 2/17/2023 5:49 AM
DATE MODIFIED: 2/17/2023 5:50 AM
2. There are more firms with 0–4 employees than any other size firms.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Bloom’s: Remember
QUESTION TYPE: True / False
HAS VARIABLES: False
DATE CREATED: 2/17/2023 5:52 AM
DATE MODIFIED: 2/17/2023 5:53 AM
3. Punitive damages are not available in employment discrimination cases.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Bloom’s: Remember
QUESTION TYPE: True / False
HAS VARIABLES: False
DATE CREATED: 2/17/2023 5:53 AM
DATE MODIFIED: 2/17/2023 5:53 AM
4. There are minimum standards for the terms and conditions of employment.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Medium
REFERENCES: Bloom’s: Understand
QUESTION TYPE: True / False
HAS VARIABLES: False
Copyright Cengage Learning. Powered by Cognero. Page 1
,DATE CREATED: 2/17/2023 5:53 AM
DATE MODIFIED: 2/17/2023 5:54 AM
5. Identify the item that is not a source of employment law:
a. federal law
b. state law
c. ads for job openings
d. constitutions
ANSWER: c
POINTS: 1
DIFFICULTY: Medium
REFERENCES: Bloom’s: Understand
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 5:55 AM
DATE MODIFIED: 2/17/2023 5:55 AM
6. Under U.S. employment laws, all employees have the right to:
a. not be fired, as long as they do a good job
b. be treated fairly in all aspects of the workplace, including receiving fair compensation
c. have paid vacation after 1 year of employment
d. expect their employers to comply with employment laws
ANSWER: d
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Apply
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 5:56 AM
DATE MODIFIED: 2/17/2023 5:57 AM
7. Identify the fact that does not apply to determining which employment laws apply to a certain
employer.
a. The number of employees that work for the company
b. Whether the employer sells goods or services to the state government where it is located
c. The state(s) in which the employer operates
d. Whether the employer sells goods or services to the federal government
ANSWER: b
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Apply
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 5:57 AM
DATE MODIFIED: 2/17/2023 5:58 AM
Copyright Cengage Learning. Powered by Cognero. Page 2
,8. Regarding employment law in the U.S., which of the following statements is true?
a. th
Most federal employment laws were passed in the first half of the 19 century in response to
growing industrialization
b. The earliest employment laws focused on wages and hours
c. Employees may be fired at any time for any reason not prohibited by law
d. Collective bargaining agreements of unionized employees typically go well beyond the
minimum requirements of the law
ANSWER: c
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Apply
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 5:58 AM
DATE MODIFIED: 2/17/2023 5:59 AM
9. Which of the following is generally true regarding the process of enforcing employment laws?
a. Courts and government agencies hear cases only after employees come forward with
complaints about violations of the law
b. Employees are very likely to seize the opportunity to sue their employers, because all of the
cost of employment litigation is borne by the employer
c. Once a claim is brought, a company’s attorneys deal with it, and managers have little
involvement in the case
d. Employment laws apply only to full time employees
ANSWER: a
POINTS: 1
DIFFICULTY: Medium
REFERENCES: Bloom’s: Understand
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:00 AM
DATE MODIFIED: 2/17/2023 6:04 AM
10. In considering whether an employment termination was legal, the court considers:
a. whether the termination was fair
b. whether the termination was necessary
c. whether the termination was wise from a business perspective
d. whether the termination was legally permissible
ANSWER: d
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Analyze
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:04 AM
DATE MODIFIED: 2/17/2023 6:06 AM
Copyright Cengage Learning. Powered by Cognero. Page 3
,11. Under the “payroll method” approved by the U.S. Supreme Court:
a. employers whose payrolls exceed $500,000 annually are covered by Title VII
b. employers are covered by Title VII if they had at least 20 employees on the payroll at the time
of the alleged discrimination
c. employers are covered by Title VII if they had at least 15 employees working and who are
being paid for each working day during at least 20 weeks in the same or the preceding year
d. employees are counted for each full week between when they are hired and when they leave
employment, regardless of the number of days or hours worked
ANSWER: d
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Analyze
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:06 AM
DATE MODIFIED: 2/17/2023 6:11 AM
12. Regarding arbitration, which of the following statements is true?
a. Decisions of arbitrators are usually not appealable or subject
to judicial review
b. Arbitrators’ decisions are usually advisory and not considered final
c. Arbitrators have less control over the outcomes of disputes than do mediators
d. Arbitration is always more costly and time-consuming than litigation
ANSWER: a
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Analyze
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:12 AM
DATE MODIFIED: 2/17/2023 6:12 AM
13. Regarding the interrelationship of federal and state employment laws:
a. state laws that are not identical to federal law are void
b. states may pass laws which reduce employee rights, but may not enact laws that expand
employee protections granted in federal laws
c. states may pass laws which expand employee rights, but may not enact laws that reduce
employee protections granted in federal laws
d. employment law is exclusively a federal domain, so states may not enact laws when federal
law already exists
ANSWER: c
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Analyze
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
Copyright Cengage Learning. Powered by Cognero. Page 4
,DATE CREATED: 2/17/2023 6:13 AM
DATE MODIFIED: 2/17/2023 6:21 AM
14. If Pedro works for the City of Trenton, he is in:
a. the public sector
b. the private sector
c. a union workplace
d. a non-union workplace
ANSWER: a
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Bloom’s: Remember
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:21 AM
DATE MODIFIED: 2/17/2023 6:22 AM
15. In EEOC v AutoZone, the EEOC sued AutoZone on behalf of an employee who suffered injury and
disability because his employer would not provide a reasonable accommodation for his disability. Fed Ex
argued that the damages awarded by the jury were too high, and also offered evidence of its ADA
compliance policy set forth in the employee manual. The court ruled:
a. for the defendant AutoZone, since the establishment of an ADA compliance policy was
sufficient to establish a good faith effort to comply with the ADA
b. for the defendant AutoZone, because plaintiff had not established that he suffered from a
disability
c. for the plaintiff because the damages awarded were consistent with the damages awarded in
other cases
d. for the plaintiff because he established that he suffered from a disability
ANSWER: c
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Bloom’s: Remember
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:22 AM
DATE MODIFIED: 2/17/2023 6:23 AM
16. Which of the following is true regarding enforcement of employee rights and enforcement of
employment laws?
a. Finding a lawyer willing to take an employment law case is difficult because lawyers accept
only about 50% of employment discrimination cases brought to them
b. If an employer has a complaint or grievance procedure, the employee is required to exhaust
the remedies afforded under the internal procedure before taking the case to an enforcement
agency or court
c. Upon finding that discrimination likely occurred, the EEOC undertakes a conciliation process
d. Upon finding that discrimination likely occurred, the EEOC can fine employers or require that
they remedy their discrimination
Copyright Cengage Learning. Powered by Cognero. Page 5
,ANSWER: c
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Analyze
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:23 AM
DATE MODIFIED: 2/17/2023 6:24 AM
17. Arbitration agreements which are offered on a take-it-or-leave-it basis are:
a. procedurally unconscionable
b. rhetorically unconscionable
c. substantively unconscionable
d. structurally unsound
ANSWER: a
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Analyze
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:25 AM
DATE MODIFIED: 2/17/2023 6:26 AM
18. Which of the following is true of the enforcement process for discrimination charges brought under
Title VII?
a. The plaintiff may choose to begin in the state civil rights agency, or may file directly with the
EEOC as they wish
b. Charges must be brought within 60 days of the alleged discriminatory act
c. A right-to-sue letter must be obtained from the EEOC before a plaintiff can file suit in court
d. The plaintiff will have 60 days to file her lawsuit
ANSWER: c
POINTS: 1
DIFFICULTY: Medium
REFERENCES: Bloom’s: Understand
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:26 AM
DATE MODIFIED: 2/17/2023 6:27 AM
19. A “limitations” period is:
a. the time within which a plaintiff must file a claim or lawsuit
b. the time within which a plaintiff must reply to the employer’s defense
c. an automatic reduction in the amount of damages awarded to a plaintiff
d. the time when an employee is probationary, and not a regular full time employee
ANSWER: a
POINTS: 1
Copyright Cengage Learning. Powered by Cognero. Page 6
,DIFFICULTY: Easy
REFERENCES: Bloom’s: Remember
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:28 AM
DATE MODIFIED: 2/17/2023 6:30 AM
20. Dean got a job as a copy writer for a publishing firm, and after working for the firm for two years,
was told he was required to sign a mandatory arbitration agreement and agree to submit any employment
disputes to binding arbitration. Dean was also told that if he would not sign it as is, he would be fired.
Dean:
a. will have to sign the agreement if he wants to keep his job
b. does not have to sign the agreement, and can still keep his job
ANSWER: a
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Apply
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:48 AM
DATE MODIFIED: 2/17/2023 6:52 AM
21. Francine got a job as a copy writer for a publishing firm, and after working for the firm for two years,
was told she was required to sign a mandatory arbitration agreement and agree to submit any employment
disputes to binding arbitration. Francine was also told that if she would not sign it as is, she would be
fired. The contract referred to in the passage is:
a. procedurally unconscionable
b. substantively unconscionable
ANSWER: a
POINTS: 1
DIFFICULTY: Medium
REFERENCES: Bloom’s: Understand
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:52 AM
DATE MODIFIED: 2/17/2023 6:53 AM
22. Which of the following provisions, if included in a mandatory arbitration agreement, would be likely
to render it unenforceable?
a. A provision that the employee pays 10% of the costs of the arbitrator’s services
b. A provision that gives the employer the right to choose any arbitrator
c. A provision that sets a one-year time limit to bring a claim
d. A provision that requires the employee to prove his case
ANSWER: b
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Analyze
Copyright Cengage Learning. Powered by Cognero. Page 7
, QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:53 AM
DATE MODIFIED: 2/17/2023 6:53 AM
23. As the Human Resources manager of your firm, the task of putting into effect the firm’s new
mandatory arbitration agreement has fallen to you. At a minimum, legally, which of the following actions
are required to make the policy enforceable?
a. Send email notice to all employees that a mandatory arbitration policy has been adopted
b. Post the mandatory arbitration policy on the firm’s website, and ask employees to visit the site
and review the policy
c. Provide employees with a copy of the agreement, and ask them to sign it
d. Provide pay for the time required to attend arbitration proceedings
ANSWER: c
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Apply
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:54 AM
DATE MODIFIED: 2/17/2023 6:54 AM
24. Your firm has just gotten a contract with the U.S. government to develop software for a federal
agency. In addition to the employment laws that already apply to your business, which of the following
will now also apply?
a. Title IX
b. The Federal Security Software Funding Act of 2018
c. Executive Order # 11246
ANSWER: c
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Apply
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:55 AM
DATE MODIFIED: 2/17/2023 6:55 AM
25. Employment law arises from a variety of legal sources. Name and briefly discuss at least three of
them.
ANSWER: Employment law may arise from:
CONSTITUTIONS – In the employment law context,
constitutions address the relationship between citizens and their
government. Generally, a legal claim based on a constitution must
assert a violation of someone’s constitutional rights by the
government (state action). In practical terms, this means that
usually only employees of government agencies – and not
employees of private companies – can look to the U.S.
Constitution or state constitutions for protection in the workplace.
Copyright Cengage Learning. Powered by Cognero. Page 8
Resource Practice, 7th Edition David J. Walsh
Notes
1- The file is chapter after chapter.
2- We have shown you 10 pages.
3- The file contains all Appendix and Excel
sheet if it exists.
4- We have all what you need, we make
update at every time. There are many
new editions waiting you.
5- If you think you purchased the wrong file
You can contact us at every time, we can
replace it with true one.
Our email:
,Chapter 01: Overview of Employment Law
1. Employment laws are passed only by state and federal governments, not by cities or counties.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Bloom’s: Remember
QUESTION TYPE: True / False
HAS VARIABLES: False
DATE CREATED: 2/17/2023 5:49 AM
DATE MODIFIED: 2/17/2023 5:50 AM
2. There are more firms with 0–4 employees than any other size firms.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Bloom’s: Remember
QUESTION TYPE: True / False
HAS VARIABLES: False
DATE CREATED: 2/17/2023 5:52 AM
DATE MODIFIED: 2/17/2023 5:53 AM
3. Punitive damages are not available in employment discrimination cases.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Bloom’s: Remember
QUESTION TYPE: True / False
HAS VARIABLES: False
DATE CREATED: 2/17/2023 5:53 AM
DATE MODIFIED: 2/17/2023 5:53 AM
4. There are minimum standards for the terms and conditions of employment.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Medium
REFERENCES: Bloom’s: Understand
QUESTION TYPE: True / False
HAS VARIABLES: False
Copyright Cengage Learning. Powered by Cognero. Page 1
,DATE CREATED: 2/17/2023 5:53 AM
DATE MODIFIED: 2/17/2023 5:54 AM
5. Identify the item that is not a source of employment law:
a. federal law
b. state law
c. ads for job openings
d. constitutions
ANSWER: c
POINTS: 1
DIFFICULTY: Medium
REFERENCES: Bloom’s: Understand
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 5:55 AM
DATE MODIFIED: 2/17/2023 5:55 AM
6. Under U.S. employment laws, all employees have the right to:
a. not be fired, as long as they do a good job
b. be treated fairly in all aspects of the workplace, including receiving fair compensation
c. have paid vacation after 1 year of employment
d. expect their employers to comply with employment laws
ANSWER: d
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Apply
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 5:56 AM
DATE MODIFIED: 2/17/2023 5:57 AM
7. Identify the fact that does not apply to determining which employment laws apply to a certain
employer.
a. The number of employees that work for the company
b. Whether the employer sells goods or services to the state government where it is located
c. The state(s) in which the employer operates
d. Whether the employer sells goods or services to the federal government
ANSWER: b
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Apply
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 5:57 AM
DATE MODIFIED: 2/17/2023 5:58 AM
Copyright Cengage Learning. Powered by Cognero. Page 2
,8. Regarding employment law in the U.S., which of the following statements is true?
a. th
Most federal employment laws were passed in the first half of the 19 century in response to
growing industrialization
b. The earliest employment laws focused on wages and hours
c. Employees may be fired at any time for any reason not prohibited by law
d. Collective bargaining agreements of unionized employees typically go well beyond the
minimum requirements of the law
ANSWER: c
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Apply
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 5:58 AM
DATE MODIFIED: 2/17/2023 5:59 AM
9. Which of the following is generally true regarding the process of enforcing employment laws?
a. Courts and government agencies hear cases only after employees come forward with
complaints about violations of the law
b. Employees are very likely to seize the opportunity to sue their employers, because all of the
cost of employment litigation is borne by the employer
c. Once a claim is brought, a company’s attorneys deal with it, and managers have little
involvement in the case
d. Employment laws apply only to full time employees
ANSWER: a
POINTS: 1
DIFFICULTY: Medium
REFERENCES: Bloom’s: Understand
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:00 AM
DATE MODIFIED: 2/17/2023 6:04 AM
10. In considering whether an employment termination was legal, the court considers:
a. whether the termination was fair
b. whether the termination was necessary
c. whether the termination was wise from a business perspective
d. whether the termination was legally permissible
ANSWER: d
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Analyze
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:04 AM
DATE MODIFIED: 2/17/2023 6:06 AM
Copyright Cengage Learning. Powered by Cognero. Page 3
,11. Under the “payroll method” approved by the U.S. Supreme Court:
a. employers whose payrolls exceed $500,000 annually are covered by Title VII
b. employers are covered by Title VII if they had at least 20 employees on the payroll at the time
of the alleged discrimination
c. employers are covered by Title VII if they had at least 15 employees working and who are
being paid for each working day during at least 20 weeks in the same or the preceding year
d. employees are counted for each full week between when they are hired and when they leave
employment, regardless of the number of days or hours worked
ANSWER: d
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Analyze
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:06 AM
DATE MODIFIED: 2/17/2023 6:11 AM
12. Regarding arbitration, which of the following statements is true?
a. Decisions of arbitrators are usually not appealable or subject
to judicial review
b. Arbitrators’ decisions are usually advisory and not considered final
c. Arbitrators have less control over the outcomes of disputes than do mediators
d. Arbitration is always more costly and time-consuming than litigation
ANSWER: a
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Analyze
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:12 AM
DATE MODIFIED: 2/17/2023 6:12 AM
13. Regarding the interrelationship of federal and state employment laws:
a. state laws that are not identical to federal law are void
b. states may pass laws which reduce employee rights, but may not enact laws that expand
employee protections granted in federal laws
c. states may pass laws which expand employee rights, but may not enact laws that reduce
employee protections granted in federal laws
d. employment law is exclusively a federal domain, so states may not enact laws when federal
law already exists
ANSWER: c
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Analyze
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
Copyright Cengage Learning. Powered by Cognero. Page 4
,DATE CREATED: 2/17/2023 6:13 AM
DATE MODIFIED: 2/17/2023 6:21 AM
14. If Pedro works for the City of Trenton, he is in:
a. the public sector
b. the private sector
c. a union workplace
d. a non-union workplace
ANSWER: a
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Bloom’s: Remember
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:21 AM
DATE MODIFIED: 2/17/2023 6:22 AM
15. In EEOC v AutoZone, the EEOC sued AutoZone on behalf of an employee who suffered injury and
disability because his employer would not provide a reasonable accommodation for his disability. Fed Ex
argued that the damages awarded by the jury were too high, and also offered evidence of its ADA
compliance policy set forth in the employee manual. The court ruled:
a. for the defendant AutoZone, since the establishment of an ADA compliance policy was
sufficient to establish a good faith effort to comply with the ADA
b. for the defendant AutoZone, because plaintiff had not established that he suffered from a
disability
c. for the plaintiff because the damages awarded were consistent with the damages awarded in
other cases
d. for the plaintiff because he established that he suffered from a disability
ANSWER: c
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Bloom’s: Remember
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:22 AM
DATE MODIFIED: 2/17/2023 6:23 AM
16. Which of the following is true regarding enforcement of employee rights and enforcement of
employment laws?
a. Finding a lawyer willing to take an employment law case is difficult because lawyers accept
only about 50% of employment discrimination cases brought to them
b. If an employer has a complaint or grievance procedure, the employee is required to exhaust
the remedies afforded under the internal procedure before taking the case to an enforcement
agency or court
c. Upon finding that discrimination likely occurred, the EEOC undertakes a conciliation process
d. Upon finding that discrimination likely occurred, the EEOC can fine employers or require that
they remedy their discrimination
Copyright Cengage Learning. Powered by Cognero. Page 5
,ANSWER: c
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Analyze
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:23 AM
DATE MODIFIED: 2/17/2023 6:24 AM
17. Arbitration agreements which are offered on a take-it-or-leave-it basis are:
a. procedurally unconscionable
b. rhetorically unconscionable
c. substantively unconscionable
d. structurally unsound
ANSWER: a
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Analyze
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:25 AM
DATE MODIFIED: 2/17/2023 6:26 AM
18. Which of the following is true of the enforcement process for discrimination charges brought under
Title VII?
a. The plaintiff may choose to begin in the state civil rights agency, or may file directly with the
EEOC as they wish
b. Charges must be brought within 60 days of the alleged discriminatory act
c. A right-to-sue letter must be obtained from the EEOC before a plaintiff can file suit in court
d. The plaintiff will have 60 days to file her lawsuit
ANSWER: c
POINTS: 1
DIFFICULTY: Medium
REFERENCES: Bloom’s: Understand
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:26 AM
DATE MODIFIED: 2/17/2023 6:27 AM
19. A “limitations” period is:
a. the time within which a plaintiff must file a claim or lawsuit
b. the time within which a plaintiff must reply to the employer’s defense
c. an automatic reduction in the amount of damages awarded to a plaintiff
d. the time when an employee is probationary, and not a regular full time employee
ANSWER: a
POINTS: 1
Copyright Cengage Learning. Powered by Cognero. Page 6
,DIFFICULTY: Easy
REFERENCES: Bloom’s: Remember
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:28 AM
DATE MODIFIED: 2/17/2023 6:30 AM
20. Dean got a job as a copy writer for a publishing firm, and after working for the firm for two years,
was told he was required to sign a mandatory arbitration agreement and agree to submit any employment
disputes to binding arbitration. Dean was also told that if he would not sign it as is, he would be fired.
Dean:
a. will have to sign the agreement if he wants to keep his job
b. does not have to sign the agreement, and can still keep his job
ANSWER: a
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Apply
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:48 AM
DATE MODIFIED: 2/17/2023 6:52 AM
21. Francine got a job as a copy writer for a publishing firm, and after working for the firm for two years,
was told she was required to sign a mandatory arbitration agreement and agree to submit any employment
disputes to binding arbitration. Francine was also told that if she would not sign it as is, she would be
fired. The contract referred to in the passage is:
a. procedurally unconscionable
b. substantively unconscionable
ANSWER: a
POINTS: 1
DIFFICULTY: Medium
REFERENCES: Bloom’s: Understand
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:52 AM
DATE MODIFIED: 2/17/2023 6:53 AM
22. Which of the following provisions, if included in a mandatory arbitration agreement, would be likely
to render it unenforceable?
a. A provision that the employee pays 10% of the costs of the arbitrator’s services
b. A provision that gives the employer the right to choose any arbitrator
c. A provision that sets a one-year time limit to bring a claim
d. A provision that requires the employee to prove his case
ANSWER: b
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Analyze
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, QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:53 AM
DATE MODIFIED: 2/17/2023 6:53 AM
23. As the Human Resources manager of your firm, the task of putting into effect the firm’s new
mandatory arbitration agreement has fallen to you. At a minimum, legally, which of the following actions
are required to make the policy enforceable?
a. Send email notice to all employees that a mandatory arbitration policy has been adopted
b. Post the mandatory arbitration policy on the firm’s website, and ask employees to visit the site
and review the policy
c. Provide employees with a copy of the agreement, and ask them to sign it
d. Provide pay for the time required to attend arbitration proceedings
ANSWER: c
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Apply
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:54 AM
DATE MODIFIED: 2/17/2023 6:54 AM
24. Your firm has just gotten a contract with the U.S. government to develop software for a federal
agency. In addition to the employment laws that already apply to your business, which of the following
will now also apply?
a. Title IX
b. The Federal Security Software Funding Act of 2018
c. Executive Order # 11246
ANSWER: c
POINTS: 1
DIFFICULTY: Hard
REFERENCES: Bloom’s: Apply
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 2/17/2023 6:55 AM
DATE MODIFIED: 2/17/2023 6:55 AM
25. Employment law arises from a variety of legal sources. Name and briefly discuss at least three of
them.
ANSWER: Employment law may arise from:
CONSTITUTIONS – In the employment law context,
constitutions address the relationship between citizens and their
government. Generally, a legal claim based on a constitution must
assert a violation of someone’s constitutional rights by the
government (state action). In practical terms, this means that
usually only employees of government agencies – and not
employees of private companies – can look to the U.S.
Constitution or state constitutions for protection in the workplace.
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