Employment Law Test
Bank
Course Introduction
Employment Law examines the legal framework governing the relationship between employers and employees. This course explores key topics such as employment contracts, workplace discrimination, employee rights and protections, wage and hour laws, workplace safety, wrongful termination, and collective bargaining. Students will gain an understanding of both statutory and common law principles, relevant case law, and the roles of federal and state agencies in regulating employment practices. Practical exercises and case studies will help students analyze legal issues that arise in the modern workplace and assess the implications of evolving employment law for both employers and workers.
Recommended Textbook
Employment Law for Human Resource Practice 5th Edition by David J. Walsh
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19 Chapters
483 Verified Questions
483 Flashcards
Source URL: https://quizplus.com/study-set/803
Page 2
Chapter 1: Overview of Employment Law
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22 Verified Questions
22 Flashcards
Source URL: https://quizplus.com/quiz/15910
Sample Questions
Q1) An employer considering whether to use mandatory arbitration agreements should recognize which of the following limitations of their use?
A)the agreements probably won't apply to any of its unionized employees
B)the agreements will not deter the EEOC from investigating and possibly litigating to recover remedies for individuals
C)the agreements may not be enforceable if they do not provide employees with the same remedies as those available through the courts
D)all of the above
E)none of the above
Answer: D
Q2) The contract referred to in Question #16 above is:
A)procedurally unconscionable
B)substantively unconscionable
C)neither of these
D)both of these
Answer: A
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Chapter 2: The Employment Relationship
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23 Verified Questions
23 Flashcards
Source URL: https://quizplus.com/quiz/15911
Sample Questions
Q1) Persons performing volunteer work are more likely to be deemed employees if:
A)their services are provided to non-profit agencies
B)they receive significant remuneration for their services
C)they retain control over their volunteer work schedule
D)all of the above
E)none of the above
Answer: B
Q2) In Narayan v EGL,Inc.,the plaintiffs were drivers hired in California by a Texas firm,which had them sign independent contractor agreements under Texas law.They sued,contending they were employees,entitled to overtime pay and other benefits,and summary judgment was entered against them because of the independent contractor agreement.They appealed,and on appeal,the court ruled:
A)that they were independent contractors, because they signed the independent contractor agreement
B)that they were employees, because Texas law did not apply in California
C)that summary judgment was vacated, and the case remanded for trial, since a jury could reasonably determine from the evidence that they were employees
D)none of these
Answer: C
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Page 4
Chapter 3: Overview of Employment Discrimination
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26 Verified Questions
26 Flashcards
Source URL: https://quizplus.com/quiz/15912
Sample Questions
Q1) Which of the following is a type of disparate treatment?
A)adverse impact
B)retaliation
C)both of the above
D)none of the above
Answer: B
Q2) A firm had been sued and found guilty of religious discrimination against people who practiced Judaism,and managers were instructed to be very careful to avoid another similar suit.To that end,Jewish employees,but not others,were given raises.Of the following,what is the most correct assessment of this policy?
A)the policy is sound, both legally and ethically
B)the policy is sound legally, but not ethically
C)the policy is neither legally nor ethically sound
D)none of these
Answer: C
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5
Chapter 4: Recruitment, Applications, and Interviews
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22 Verified Questions
22 Flashcards
Source URL: https://quizplus.com/quiz/15913
Sample Questions
Q1) For purposes of determining discrimination in recruitment,the "relevant labor market" is defined as:
A)the protected class composition of the employer's applicant pool
B)the population as a whole
C)the protected class composition of people qualified for the job, and living geographically close enough to be likely candidates
D)none of the above
Q2) Which of the following interview topics would be considered inquiries regarding an applicant's medical condition?
A)previous injury
B)previous illness
C)current injury
D)previous workers' compensation claims
E)all of these would be inquiries regarding a medical condition
Q3) Why is each of the following good legal advice?
a.Use multiple recruiting mechanisms, rather than rely solely on one way of getting the word out about employment opportunities.
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Chapter 5: Background Checks, References, and Verifying
Employment Eligibility
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26 Verified Questions
26 Flashcards
Source URL: https://quizplus.com/quiz/15914
Sample Questions
Q1) A project manager applied for a job,and listed his previous employer as a reference.When the prospective employer called,the man who gave a reference for the project manager falsely implied that the project manager was incompetent,even though he had never worked with or supervised the employee,nor checked any employment records.The project manager did not get the new job.If the project manager sues his former employer for defamation,the court will likely rule that:
A)the employer did not defame the former employee because its statements were merely opinions and did not purport to be factual
B)the employer did not defame the former employee because the statements, although harsh, were truthful
C)the employer defamed the former employee because statements made in references are not subject to qualified privilege
D)the employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made
Q2) Background checks must be more extensive when hiring for positions in which unfit employees could do serious harm to others.
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Chapter 6: Employment Tests
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26 Verified Questions
26 Flashcards
Source URL: https://quizplus.com/quiz/15915
Sample Questions
Q1) You are in the process of revising your pre-employment tests,as your current test is out of date,and may have discriminatory effects.A new company offering a pre-employment test has given you a sample of their test,which they tell you has had great success in screening to acquire only honest employees.Applicants are to agree or disagree with several statements,including this one: "I believe God wants us to conduct ourselves with honesty in all things,including at work." Which of the following statements is most correct?
A)The test will have no discriminatory effect, and will successfully screen for honest employees
B)The test may have a discriminatory effect, and should not be used
C)You should wait to see how the test performs for other companies, so that you can decide whether or not to adopt it
D)none of these
Q2) Employers must show that a scored test is job related and consistent with business necessity:
A)only if the test is having discriminatory effects
B)any time that a test is used
C)only if content validity cannot be established
D)none of the above
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Page 8
Chapter 7: Hiring and Promotion Decisions
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26 Verified Questions
26 Flashcards
Source URL: https://quizplus.com/quiz/15916
Sample Questions
Q1) What rules and procedures should employers establish with regard to interviews of job applicants?
Q2) With regard to the situation in Question 18,above,which of the following practices would you recommend to help avoid discrimination,and what is the basis for your recommendation?
A)change the weight given to the evaluation of candidates to rely more heavily on technical skills than on the interview, because this would make the assessment more objective
B)do not allow the interviewers to change their scores developed during the interview, as this will remove score manipulation
C)continue to weight the answers to those questions which are more important, because this is necessary to acquiring compatible workers, and does not discriminate
D)all of these would help avoid discrimination
E)only a and b would help avoid discrimination
Q3) Employers should give substantial weight to subjective assessments only if they are specific and clearly grounded in statements or actions of job candidates.
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Chapter 8: Affirmative Action
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26 Verified Questions
26 Flashcards
Source URL: https://quizplus.com/quiz/15917
Sample Questions
Q1) Federal contractors and sub-contractors with at least 50 employees and contracts worth at least $50,000 must develop written affirmative action plans addressing employment of women and minorities and submit them to the OFCCP within 120 days of their contracts commencing.
Q2) Employers should maximize the use of improvements in recruitment,selection,training,development,and organizational climate before considering hiring and promotion preferences.
Q3) Regarding Affirmative Action plans,which of the following is true?
A)it may be used to remedy a "manifest imbalance"
B)the imbalance must meet the four-fifths rule
C)the imbalance must have resulted from past discrimination
D)all of these are true
Q4) "Reverse" discrimination means:
A)establishing quotas for the hiring of women and persons of color
B)disparate treatment
C)disparate impact
D)none of these
Q5) Employers wishing to consider protected class characteristics in order to enhance the utilization of women and persons of color must have valid affirmative action plans in place.
Page 10
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Chapter 9: Harassment
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26 Verified Questions
26 Flashcards
Source URL: https://quizplus.com/quiz/15918
Sample Questions
Q1) Employers are vicariously liable for harassment when:
A)a hostile environment is created by a top official
B)harassment by a supervisor results in a tangible employment action
C)a supervisor creates a hostile environment and the employer does not have a sexual harassment policy or reporting procedure
D)all of the above
E)none of the above
Q2) As the Assistant Human Resources Manager,you have learned from another employee that a co-worker is being harassed by her supervisor.Assuming your firm has no anti-harassment policy,what should you do?
A)nothing unless the victim herself files a claim, because there is no anti-harassment policy, so you have no authority in the matter
B)investigate the claim and report the harassment to your superiors
C)create and enforce an anti-harassment policy for your firm
D)offer to transfer the employee to another job
E)b and c
F) b, c and d
Q3) Employers are strongly advised to establish,communicate,and enforce policies prohibiting harassment.
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Page 11
Chapter 10: Reasonably Accommodating Disability and Religion
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25 Verified Questions
25 Flashcards
Source URL: https://quizplus.com/quiz/15919
Sample Questions
Q1) Employers must reasonably accommodate qualified disabled persons unless doing so would impose undue hardship.
Q2) As the new Human Resources Manager for Artists' Tools main office,you are still getting to know your employees.One in particular has come to your attention,because she always seems to be in a state of either euphoria or sleepiness.Co-workers report to you that they have found her in the ladies room sniffing a white powder,and you conclude that she is probably using cocaine.After considering the matter,you decide that your best course of action would be:
A)to confront the employee privately about this behavior, and unless she can explain it and produce a prescription, fire her for illegal drug use
B)to confer with the employee, since she probably has a drug addiction, which is a disability under the Americans with Disabilities Act; you must decide whether you can make a reasonable accommodation
C)to refer the employee to a drug rehab center for her drug addiction; D)none of the above
Q3) The ADA creates a protected class called "qualified individuals with disabilities".Discuss what this phrase means and how one qualifies for protection.
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Page 12
Chapter 11: Work-life Conflicts and Other Diversity Issues
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26 Verified Questions
26 Flashcards
Source URL: https://quizplus.com/quiz/15920
Sample Questions
Q1) You need to hire a new medical technician for the emergency room of your hospital.The technician must have a thorough knowledge of medical terms and procedures,and will be interviewing patients to determine the nature and extent of their problems before they are routed to a doctor or to the waiting room.Most of the qualified candidates will be those who comes from Asian countries,who have studied medicine in their home countries,but whose MD degrees are not recognized by the U.S.Can you require that only English-speaking candidates need apply?
A)yes, because most of the patients will be English speaking
B)yes, because communication will be an integral part of the job, and most often communication will be required in an emergency situation
C)no, because under Title VII, English-only speaking requirements are presumptively discriminatory
D)no, because most of the qualified candidates will be from countries for which the first language spoken is not English
Q2) Employers must not attempt to discourage eligible employees from taking FMLA leave or attempt to delay the taking of leave.
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Chapter 12: Wages, Hours, and Pay Equity
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27 Verified Questions
27 Flashcards
Source URL: https://quizplus.com/quiz/15921
Sample Questions
Q1) Which of the following statements is NOT true?
A)US employees have the dubious distinction of working the longest hours among industrialized nations
B)job stress is related to such maladies as high blood pressure and coronary heart disease
C)longer workdays are associated with increases in injuries
D)all of these
E)none of these
Q2) The Migrant and Seasonal Agricultural Worker Protection Act requires that:
A)migrant agricultural workers must be paid no less than the prevailing wage for farm laborers in the geographic region
B)migrant agricultural workers must be provided with housing and the housing must be safe and sanitary
C)migrant agricultural workers must receive overtime pay of one and a half times their regular rate of pay for all work hours in excess of 50 in a week
D)all of the above
E)none of the above
Q3) Employers should refrain from establishing and enforcing pay secrecy policies.
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Chapter 13: Benefits
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26 Verified Questions
26 Flashcards
Source URL: https://quizplus.com/quiz/15922
Sample Questions
Q1) A pension plan must have mandatory vesting.
Q2) Which of the following is true regarding vesting requirements under ERISA?
A)once pension rights vest, employees are entitled to receive full pensions upon leaving employment
B)once pension rights vest, employees' pension plans cannot be discontinued or changed
C)vesting usually occurs after five or seven years of service
D)vesting is never required but is purely a contractual provision negotiated between the employer and employee
Q3) Regarding the Pension Benefit Guarantee Corporation (PBGC),which of the following statements is true?
A)The PBGC is an agency that insures defined benefit pension plans.
B)The PBGC is an agency that insures defined contribution pension plans.
C)The PBGC's fund is running out of money, due to the increase in the failure of the pension plans it insures.
D)a and c only
E)b and c only
Q4) Employers should be careful in advising employees about their benefits and refer them back to SPD's and other plan documents.
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Chapter 14: Unions & Collective Bargaining
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26 Verified Questions
26 Flashcards
Source URL: https://quizplus.com/quiz/15923
Sample Questions
Q1) Which of the following would NOT be considered a concerted activity?
A)members of a union that meet to discuss problems with working conditions at their workplace
B)employees who are not members of a union that meet to discuss problems with working conditions at their workplace
C)a single employee that writes to a supervisor complaining about the refusal to grant her vacation time for the exact period of time she requested
D)a single employee that writes to a supervisor complaining about the frequently malfunctioning air conditioning and extreme indoor heat at an assembly plant
E)c and d
Q2) Which of the following factors is relevant to a determination of an "appropriate bargaining unit?"
A)similarity of skill
B)interrelationship of tasks
C)common supervision
D)common salaries
E)all of these are relevant
F)a through c only
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Page 16
Chapter 15: Occupational Safety and Health
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26 Verified Questions
26 Flashcards
Source URL: https://quizplus.com/quiz/15924
Sample Questions
Q1) You work in a large office in the "bullpen," a large open area of desks,chairs and computers,where about 50 people work,separated only by low-level cubicle walls.In this area,several teams of people work together on different projects.Lately,there have been a lot of pranks played by one rowdy team upon another team (not yours),which have escalated.Yesterday,someone lowered the seat of a worker's chair while he was out of his cubicle,and when he returned and attempted to sit down,he fell and injured his back.You believe this conduct needs to stop,but management has so far ignored the situation.What should you do and why?
A)do nothing; if you report this conduct, you'll be ostracized by your co-workers; besides, its harmless horseplay
B)report the behavior to management, telling them about the potential for more serious injuries, and asking them to take steps to stop it before anyone else is injured
C)report the behavior to OSHA, and ask for an inspection; OSHA can't reveal your name, so no one will know (though the company may get in trouble)
Q2) Employers must allow OSHA inspectors to enter the workplace and conduct inspections,but can insist that the agency first obtain a warrant
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17
Chapter 16: Performance Appraisals, Training and Development
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26 Verified Questions
26 Flashcards
Source URL: https://quizplus.com/quiz/15925
Sample Questions
Q1) Which of the following is NOT true regarding performance criteria and standards?
A)There is no requirement that they be communicated to employees prior to the appraisal of their performance if a job description is available
B)They must be applied consistently regarding employees, department and sections within the organization
C)They must be job related
D)They must be specific and objective
Q2) The most common performance criteria used includes all of these EXCEPT:
A)punctuality
B)quality of work
C)willingness to work two jobs
D)leadership
E)all of these are commonly used
Q3) Which of the following is true regarding performance appraisals?
A)most employers are legally required to conduct performance appraisals
B)employers may appraise some employees randomly and not others
C)performance appraisals are key pieces of evidence in many discrimination cases
D)an inaccurate performance appraisal, standing alone, always creates liability for the employer
Page 18
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Chapter 17: Privacy on the Job: Information, Monitoring and Investigations
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26 Verified Questions
26 Flashcards
Source URL: https://quizplus.com/quiz/15926
Sample Questions
Q1) Interrogations of employees suspected of wrongdoing should be kept as brief as possible
Q2) Under the OSH Act,records of an employee's exposure to toxins must be kept for:
A)5 years
B)10 years
C)20 years
D)30 years
Q3) HIPAA applies primarily to:
A)health care providers
B)hospitals receiving Medicare payments
C)self-insured companies
D)all firms contracting with the federal government
E)a and c
F)none of these
Q4) Employers should generally allow employees access to their personnel files and obtain their consent before disclosing information about employees.
Q5) Searches should be no more extensive or intrusive than necessary
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Q6) Information about employee misconduct derived from investigations should be treated as confidential and shared only with those who have a legitimate need to know
Chapter 18: Terminating Individual Employees
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27 Verified Questions
27 Flashcards
Source URL: https://quizplus.com/quiz/15927
Sample Questions
Q1) Which of the following is a circumstance under which the public policy exception to employment at will is recognized?
A)termination for reporting illegal activity
B)termination for refusing to commit an illegal act
C)termination for exercising a legal right
D)all of the above
E)none of the above
Q2) Which of the following is required for a successful implied contract wrongful discharge claim?
A)a written contract signed by both the employer and the employee
B)a specific oral promise limiting employment at will
C)a clear and prominent written disclaimer
D)all of the above
E)none of the above
Q3) Prior to termination,public employers must provide employees with notice of the charges against them,an explanation of the evidence,and an opportunity to respond.
Q4) Unionized employers must communicate any significant changes in rules to employees and their union before enforcing those new rules.
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Chapter 19: Downsizing, Unemployment Insurance, and
Other Post-termination Issues
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25 Verified Questions
25 Flashcards
Source URL: https://quizplus.com/quiz/15928
Sample Questions
Q1) A 55 year old supervisor who has always received good performance appraisals is downsized.Two younger (42 and 45 year old)supervisors from the same department,whose performance had been rated lower,were nonetheless retained.The employer says that it had to save money and that the older supervisor earned considerably more money (he did).If the termination is legally challenged,a court would most likely decide:
A)For the employer because employee could not establish a prima facie case of age discrimination under the ADEA
B)For the employer because the employees retained were also over 40 years of age
C)For the employer because it had a lawful, non-discriminatory motive for the termination
D)For the employee because the employer has engaged in disparate treatment based on age
E)For the employee because salary level is a neutral criterion that creates adverse impact against older employees
Q2) Employers should be careful when executing waivers of legal claims in exchange for early retirement offers.
Q3) Before outsourcing or relocating work to another plant,unionized employers must negotiate with their employees' unions
Page 21
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