Course Introduction
Employment Law Exam
Questions
Employment Law provides a comprehensive overview of the legal framework governing the relationship between employers and employees. This course delves into key topics such as employment contracts, workplace rights and obligations, anti-discrimination laws, health and safety regulations, wrongful dismissal, and the resolution of employment disputes. Students will explore both statutory and common law principles, analyzing how federal and state laws interact to protect both employees and employers. Practical case studies and recent legal developments are incorporated to help students apply legal concepts to real-world workplace scenarios, preparing them for careers in human resources, management, or legal practice.
Recommended Textbook
Employment Law for Business 9th Edition by
Dawn D. Bennett-Alexander
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16 Chapters
800 Verified Questions
800 Flashcards
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Chapter 1: The Regulation of Employment
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Q1) The provisions of Title VII of the Civil Rights Act of 1964:
A) prohibit individuals with temporary or permanent disabilities from seeking employment.
B) prohibit discrimination in employment based on specified protected class.
C) apply to government-owned corporations.
D) apply to bona fide private membership clubs.
Answer: B
Q2) Agency law,based on the traditional law called master and servant,governs employment relationships.
A)True
B)False
Answer: True
Q3) Which of the following refers to a clause in a contract that identifies the state law that will apply to any disputes that arise under the contract?
A) Non-compete clause.
B) Forum selection clause.
C) Due process clause.
D) Just cause clause.
Answer: B
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Page 3
Chapter 2: The Employment Law Toolkit: Resources for Understanding
the Law and Recurring Legal Concepts
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Q1) Which of the following is the function of a motion for summary judgment?
A) If a party wins a motion for summary judgment, the case is remanded to a lower court.
B) If a court grants a motion for summary judgment, it means that it has determined that there is a need for the case to proceed to trial.
C) If a court grants a motion for summary judgment, it means that it will determine the issues and grant a judgment in favor of one of the parties.
D) If a party wins a motion for summary judgment, it means one of the parties did not like the facts found in the court and may appeal based on errors of law.
Answer: C
Q2) The American legal system is based on stare decisis,a system of using legal precedent.
A)True
B)False
Answer: True
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Chapter 3: Title Vii of the Civil Rights Act of 1964
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Q1) 42 U.S.C.Section 1985,known as the Ku Klux Klan Act,was designed to address:
A) Discrimination in making and enforcing contracts.
B) Denial of civil rights based on race by behaving as if the action is on behalf of the government.
C) An injury to someone in an attempt to deny them of their civil rights based on race.
D) Conspiracy or concerted activity intended to deny someone of their civil rights based on race.
Answer: D
Q2) If the parties involved in an employment discrimination case choose not to mediate the charge or if the mediation is not successful,the Equal Employment Opportunity Commission (EEOC):
A) refers the case to a 706 agency.
B) investigates the complaint by talking with the parties and other witnesses.
C) mandates the employer to pay compensatory damages to the employee.
D) issues a right-to-sue letter to the employer.
Answer: B
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Chapter 4: Legal Construction of the Employment Environment
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Q1) Describe the disparate treatment concerns when female employees are evaluated in accordance with a different criteria from those used with male employees.
Q2) Rhoda was hired as a jeweler's apprentice.She was told that during her first six months of employment she would not be eligible for any incentive pay.Upon her successful completion of the six-month period,Rhoda is to receive a 10% increase in pay,two weeks of paid vacation and will become eligible for incentive pay under the same terms and conditions as other employees.Rhoda's first six months were excellent,with Rhoda performing well above the minimum standards required.However,at the end of the six months,Rhoda did not receive the 10% increase in pay,was not eligible for incentive pay,and received only 3 days of vacation.Rhoda may have a cause of action against her employer for:
A) negligent hiring.
B) intentional (or at least negligent) misrepresentation.
C) non-statement of material facts.
D) defamation.
Q3) The Drug-Free Workplace Act of 1988 applies to private-sector employers.
A)True
B)False
Q4) What is eligibility testing? Why are eligibility tests conducted?
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Chapter 5: Affirmative Action
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Q1) The United College of Arts (UCA)became aware of the underrepresentation of Native Americans in its workforce.It shortlisted a number of steps to increase the percentage of Native Americans in its workforce.Which of the following steps,if adopted,is likely to ensure maximum results?
A) Recruit at community events near or on Native American reservations and from nearby colleges
B) Rate all applicants on a 100-point scale and give Native American applicants 20 additional points based on their national origin
C) Designate specific positions that must be filled only by Native Americans based on a quota system
D) Replace qualified employees from other groups with equally qualified Native American employees
Q2) Culture encompasses more than just ethnicity.It include other factors such as gender,age,disability,affinity orientation,etc.that affect and define an individual's life.
A)True
B)False
Q3) Distinguish between quotas and affirmative action placement goals at the workplace.
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Chapter 6: Race and Color Discrimination
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Q1) An employer that establishes and follows "best practices" to prevent discrimination may experience the following:
A) concern at the mere allegation of discrimination, because once it is raised it is difficult to defeat.
B) increased discrimination claims.
C) less discrimination claims from employees, who perceive the workplace to be "fair."
D) little to no cost or drain on resources in defending discrimination claims.
Q2) The management of Olympic Medical Center wants to reduce race discrimination and racial harassment at the workplace.In the process,it also wants to avoid potential liability for race and color discrimination.What practices can the hospital adopt to ensure this?
Q3) An English-only rule may be used at a workplace if it is needed to promote the safe or efficient operation of the employer's business.
A)True
B)False
Q4) Describe discrimination based on color,and why it is included in Title VII as a prohibited basis for discrimination.
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Chapter 7: National Origin Discrimination
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Q1) Criminal penalties can be imposed for violations of the Immigration Reform and Control Act (IRCA).
A)True B)False
Q2) Innocent or negligent discrimination is a defense to a claim of discrimination under the Immigration Reform and Control Act (IRCA).
A)True
B)False
Q3) National origin was included in Title VII's list of protected classes:
A) To ensure that illegal immigrants are given a fair chance at employment.
B) As a last-minute attempt to add controversy to the legislation so that it would not be enacted.
C) To ensure that employers do not make employment decisions based on preconceived notions about employees' or applicants' country of origin.
D) To satisfy international critics of the legislation who suggested that the protection it afforded was simply not enough.
Q4) Describe what must be shown in order to make a successful Title VII claim of national origin discrimination.
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Chapter 8: Gender Discrimination
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Q1) The 1991 Civil Rights Act created the Glass Ceiling Commission to:
A) eliminate discrimination based on a person's affinity orientation.
B) fix a cap on the compensation provided to top managers of publicly held companies.
C) investigate the barriers to female and minority advancement in the workplace.
D) protect transgender employees from discrimination in the workplace.
Q2) If a pregnant employee is unable to perform her job because of her pregnancy,the employer should treat her just as any other employee who is temporarily unable to perform job requirements.
A)True
B)False
Q3) Gender discrimination is manifested in the workplace in all of the following ways except:
A) equality in pay and promotions
B) use of a "tap on the shoulder" policy for selecting new managers
C) women denied favorable job assignments that are necessary to qualify for management positions
D) pregnant women denied pay and/or promotions due to their condition.
Q4) What is gender stereotyping,and how does it result in gender discrimination?
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Page 10
Chapter 9: Sexual Harassment
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Q1) Which of the following statements is true of quid pro quo sexual harassment?
A) It requires an employee to engage in sexual activity in exchange for workplace entitlements or benefits.
B) It seldom leaves a paper trail that can be followed.
C) It involves creating an offensive work environment rather than engaging in sexual activity.
D) It is difficult to recognize this type of harassment because there is always confusion about what activity constitutes the offense.
Q2) Gail landed a job with the South Chapippie Bulldogs in the Mid-Eastern Basketball Association-a semi-professional league.Two months after beginning the job,she was called into the office of the team owner,Vlad,who told Gail that if she intended to keep her job,she needed to keep him sexually satisfied.When Gail got up to leave,Vlad blocked her passage and tried to force himself on her.It was only when she screamed for help that Vlad let her leave the room.In addition to facing a claim of sexual harassment,what other legal charges could Vlad face?
Q3) Distinguish quid pro quo sexual harassment from hostile environment sexual harassment.
Q4) What are the elements of hostile environment sexual harassment?
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Chapter 10: Sexual Orientation and Gender Identity
Discrimination
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Q1) Laura,a lesbian,is employed by Ohio Construction as a welder.Laura's co-workers did not know that she is a lesbian.She was frequently subjected to verbal abuse by her male co-workers who think that welding is a man's job.Laura is called inappropriate names,and is exposed to nude pictures of women on the walls.When she complains to her supervisor,she is told to ignore such behavior and focus on her work instead.Laura eventually quits her job.Which of the following holds true in this scenario?
A) Laura has a discrimination claim under Title VII because she is a lesbian.
B) Laura does not have a discrimination claim under Title VII because she voluntarily quit her job.
C) Laura has a discrimination claim under Title VII because she was subjected to sexual harassment.
D) Laura does not have a discrimination claim under Title VII because of the bona fide occupational qualification defense.
Q2) The Equal Employment Opportunity Commission (EEOC)recently included gender identity as a part of sexual orientation discrimination under Title VII of the Civil Rights Act of 1964.
A)True B)False
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Chapter 11: Religious Discrimination
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Q1) In 1997,President Clinton issued some guidelines for the religious freedom of federal employees.These guidelines encompass all of the following,except:
A) In private work areas (not open to the public), employees should be able to engage in private religious expression to the same extent that they would engage in nonreligious expression.
B) Subject to reasonable restrictions, engage in religious expressions with other employees to the extent that they would engage in nonreligious expression.
C) In public work areas, employees should be able to engage in their private religious expression to the same extent that they would engage in nonreligious expression.
D) May attempt to persuade others to believe in the correctness of their religious views, except when told to stop.
Q2) List the factors considered by the Equal Employment Opportunity Commission (EEOC)in determining whether an employer's accommodation would cause undue hardship. How is the EEOC's interpretation of undue hardship different from that of the courts?
Q3) List five ways that an employer can avoid conflicts in the workplace based on religious beliefs.
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Page 13
Chapter 12: Age Discrimination
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Q1) When a claim is pretextual,it means that it is the true reason for an action,that there is no underlying motivation.
A)True
B)False
Q2) The Age Discrimination in Employment Act (ADEA)covers employees between the ages of 40 and 85.
A)True
B)False
Q3) An employee who believes that he has been discriminated against on the basis of age may follow the internal grievance procedures established by his employer to resolve the matter.
A)True
B)False
Q4) An individual suing their employer under the ADEA may be entitled to pain and suffering or emotional distress in addition to back pay and other money damages.
A)True
B)False
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Chapter 13: Disability Discrimination
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Q1) Javier,a sales representative at a company that supplies frozen foods to supermarkets,is required to travel to the stores to meet their managers and view their inventory.After a recent road accident,Javier's left hand became severely impaired and only his right hand is functional.Javier requests that the company install a one-hand driving system,costing $35,000 to $45,000,in one of its minivans so that he can drive it.Based on the size and financial position of the company,this cost is more than it can afford.The employer should convey to Javier that:
A) it cannot make the requested reasonable accommodation due to undue hardship and he should find another job.
B) it cannot make the requested accommodation due to undue hardship but ask him whether he is willing to pay a portion of the cost that will be incurred in making the accommodation.
C) it will make all the necessary accommodations as the law requires employers to provide any possible accommodations requested by employees with disabilities.
D) it will make all the necessary accommodations by either creating a new job, creating a part-time position, or modifying the essential functions of the job as mandated under the Americans with Disabilities Act.
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Chapter 14: The Employees Right to Privacy and Management of Personal Information
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Q1) The Supreme Court held that restricting a married couple's use of birth control devices is constitutional.
A)True
B)False
Q2) Who among the following has committed the tort of slander?
A) A manager who searchers an employee's office without consent
B) A manager who gives false, defamatory information about a former employee while on a conference call
C) A manager who negligently reveals private information about an employee to another employee
D) A manager who monitors an employee's private e-mail
Q3) Provide a justification for the electronic surveillance of employees that is conducted by an employer.
Q4) What steps can an employer take to ensure respect of employee information and privacy while also maintaining a balanced management of its workforce?
Q5) Describe what constitutes a "search" under the Fourth Amendment's protection against unreasonable search and seizure.
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Chapter 15: Labor Law
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Q1) A bargaining unit can consist of just one person.
A)True
B)False
Q2) The National Labor Relations Act addresses unfair labor practices that are committed by unions.
A)True
B)False
Q3) The Norris-LaGuardia Act removed impediments to workers organizing in a concerted action,and this paved the way for the enactment of the Taft-Hartley Act.
A)True
B)False
Q4) Prior to the passage of laws to protect unionizing activities,employers turned to the courts to control behaviors such as striking and picketing.
A)True
B)False
Q5) Describe the purpose and the basic provisions of the Landrum-Griffin Act of 1959.
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Chapter 16: Selected Employment Benefits and Protections
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Q1) Under the continual-training requirement,the Occupational Safety and Health Act requires an employer to:
A) provide safety training to all employees, regardless of the work they do, at least once a week.
B) provide overtime pay to all trainees and interns working over 30 hours per week.
C) provide safety training every time an employee is hired or transferred into a new position, even if for just a day.
D) provide additional compensation over the minimum wage to employees who spend more than 15 hours per week in training.
Q2) If an employer operates in a number of different states,it is subject to the federal minimum wage law and not the state laws.
A)True
B)False
Q3) What are the fiduciary standards established by the Employee Retirement Income Security Act (ERISA)?
Q4) Under what circumstances might an employer NOT be held liable for an employee's workplace injury pursuant OSHA regulations?
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