Industrial Relations
Exam Questions
Course Introduction
Industrial Relations examines the dynamic relationships between employers, employees, and the institutions that govern the workplace. This course explores the history, theories, and practical aspects of industrial relations, including collective bargaining, labor law, conflict resolution, and the role of trade unions. Students will analyze how economic, social, and political factors influence workplace interactions, as well as contemporary issues such as workforce diversity, globalization, and technological change. The course aims to provide a deeper understanding of how cooperative and adversarial processes shape employment relations in various organizational and cultural contexts.
Recommended Textbook Employment Law for Business 9th Edition by
Dawn D. Bennett-Alexander
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Page 2
Chapter 1: The Regulation of Employment
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Q1) Carol is a nurse in a rehabilitation facility run by Sun Retirement Systems.She works at least 50 hours every week.After looking at her payroll stubs for the past six months,she concludes that she has not received her share of overtime pay.With the help of a friend in the payroll department,Gabriel learns the she has been classified as a temporary employee so that her overtime pay can be avoided.She complains to her supervisor,but her employer makes no changes.Which of the following legal courses can Carol take against Sun Retirement Systems?
A) Carol can bring a complaint to the U.S. Department of Labor, under the Social Security Act.
B) Carol can bring a complaint to the U.S. Department of Labor, under the Fair Labor Standards Act of 1938 (FLSA).
C) Carol can bring a complaint to the U.S. Department of Labor, under the Employee Retirement Income Security Act of 1974 (ERISA).
D) Carol can bring a complaint to the U.S. Department of Labor, under Equal Employment Opportunity Act.
Answer: B
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Chapter 2: The Employment Law Toolkit: Resources for
Understanding the Law and Recurring Legal Concepts
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Q1) The following are elements of a prima facie case of disparate treatment discrimination except:
A) The employer's job criteria seem neutral, yet there is an adverse impact on a protected group.
B) The employee applied for, and was qualified for, the job.
C) The employee was rejected, and the position remained open after the employee was rejected.
D) The employee belongs to a protected class under Title VII.
Answer: A
Q2) Emmanuel & Petersen LLP is a law firm that specializes in litigation.The firm is looking for a qualified person to fill the secretary position.A criterion for selection is that the person should be able to type at least 65 words a minute.If a group of male applicants challenges this policy as being discriminatory against generally slower-typing males,the company could defend the typing-speed requirement as a:
A) bottom-line defense.
B) disparate treatment defense.
C) business necessity.
D) promissory estoppel.
Answer: C
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Chapter 3: Title Vii of the Civil Rights Act of 1964
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Q1) Which of the following is true of the Jim Crow laws?
A) They led to complete segregation in all aspects of life - from birth to death.
B) They created an environment of equality for people of all races.
C) Jim Crow laws remain on the books today in many jurisdictions.
D) Penalties for violation of Jim Crow laws were minor-often a mere "slap on the wrist."
Answer: A
Q2) The term "under color of state law" refers to:
A) the act of religious institutions and associations discriminating against individuals when performing their activities.
B) the revisions made by states to their pre-Civil War "Slave Codes."
C) a private employer discriminating employees based on their national origin or color. D) a government employee illegally discriminating against another during performance of his or her official duties.
Answer: D
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Chapter 4: Legal Construction of the Employment Environment
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Q1) The Americans with Disabilities Act provides that individuals who currently use illegal drugs are considered individuals with disabilities.
A)True
B)False
Q2) An employee who is subject to discipline has a right to request that a co-worker be present as a witness during an investigatory interview.
A)True
B)False
Q3) When evaluating applicants for a job,an employer should do all of the following except:
A) verify academic credentials (often they are misrepresented).
B) review the applicant's resume for conflicting or overlapping dates.
C) avoid the somewhat lengthy process of checking references since no one provides a "bad" reference.
D) verify leadership positions by Googling the organization involved.
Q4) Discuss how the expectations of a "reasonable employer" may be changed or enhanced in an environment where access to information is increased due to use of the Internet.
Q5) What is eligibility testing? Why are eligibility tests conducted?
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Chapter 5: Affirmative Action
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Q1) The quantitative part of an affirmative action plan sets out a course of action for how to address any underrepresentation,underutilization,or other problems found in a federal contractor's workplace.
A)True
B)False
Q2) Laketown System Corp.,a federal contractor,chooses not to comply with the affirmative action plan established to increase the representation of women and minorities within its workplace.Which of the following is an implication of noncompliance?
A) Laketown System Corp. cannot be subject to any action for noncompliance as it is a federal contractor.
B) Laketown System Corp. cannot be subject to any action for noncompliance as it is not a voluntary affirmative action plan.
C) Laketown System Corp. can be debarred from further participation in government contracts for noncompliance.
D) Laketown System Corp. can be prohibited from adopting affirmative action plans in the future for noncompliance.
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Page 7
Chapter 6: Race and Color Discrimination
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Q1) Largely as a result of affirmative action,women and minorities receive comparable pay and benefits to white males.
A)True
B)False
Q2) Which of the following may constitute national origin discrimination?
A) Dasha is often ill-treated at work because her father is a Ukrainian.
B) Sharonda, a light-complexioned African-American, receives more job offers than her other African-American friends.
C) Nathan is not put on any international assignments because he is not comfortable living in other countries.
D) Mae is often sent on projects to Asia because she knows two to three Asian languages.
Q3) Describe an employer's best approach to avoiding liability for racial harassment in the workplace.
Q4) 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
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Chapter 7: National Origin Discrimination
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Q1) Distinguish between national origin and citizenship.
Q2) The Immigration Reform and Control Act (IRCA):
A) applies to employers with 3 or more employees.
B) requires knowledge and intent to discriminate.
C) applies regardless of the employer's knowledge or intent.
D) allows employers to knowingly hire those not legally authorized for employment in the United States.
Q3) Under Title VII of the Civil Rights Act of 1964,the prohibition against national origin discrimination is subject to the political function exception,which allows:
A) only a naturalized U.S. citizen to run for president of the United States.
B) only private employers to discriminate against individuals based on their country of origin.
C) discrimination against a noncitizen when the position is intimately related to the process of self-government.
D) discrimination against individuals whose national origin is a country with which trade has been outlawed by an act of Congress.
Q4) Describe what must be shown in order to make a successful Title VII claim of national origin discrimination.
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Page 9
Chapter 8: Gender Discrimination
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Q1) Under the Equal Pay Act,the content of the job,rather than the job title or description,determines the comparison of whether two jobs are substantially the same.
A)True
B)False
Q2) Laura applies for the job of a firefighter.She is 5 feet 2 inches tall and weighs 110 pounds.Laura is denied the position because she does not meet the height and weight requirements.The fire department's height and weight requirements are:
A) discriminatory if it can be shown that the requirements are not directly correlated to ability to do the job.
B) not discriminatory because firefighters have mostly been tall.
C) not discriminatory because Title VII of the Civil Rights Act of 1964 does not cover jobs such as guards, police officers, and firefighters.
D) discriminatory if it can be shown that height and weight requirements are a business necessity.
Q3) What is gender stereotyping,and how does it result in gender discrimination?
Q4) Describe "gender-plus" discrimination,and the issues that arise as a result of it.Give at least two examples.
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Chapter 9: Sexual Harassment
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Q1) The requirements for hostile work environment sexual harassment include all of the following except:
A) the employee does not like the project they were just assigned.
B) the employer has knowledge of the harassment but took no action.
C) the harassment is based on gender.
D) the harassment is not welcomed by the employee.
Q2) Sexual harassment class action trials are rare mainly because:
A) the Equal Employment Opportunity Commission has limited power to enforce sexual harassment claims.
B) most cases are settled rather than litigated as a means of avoiding bad publicity and the possibility of even greater damages if the matter goes to trial.
C) claimants are not entitled to any compensatory damages on winning the claim.
D) the Civil Rights Act of 1991 is not clear about what constitutes sexual harassment and what does not.
Q3) Antifemale animus is a factor frequently present in hostile environment sexual harassment claims that do not involve sexual behaviors.
A)True
B)False
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Chapter 10: Sexual Orientation and Gender Identity
Discrimination
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Q1) Family-friendly work-life programs and benefits for same-sex couples:
A) are not necessary because homosexuals generally do not have children.
B) are not permissible based on federal law.
C) are desirable because homosexual parents are as likely to have a stay-at-home partner as heterosexual parents.
D) are critical because research shows that homosexual parents often lack essential parenting skills.
Q2) Sexual orientation is different from gender identity in that:
A) gender identity was given protection under Title VII through an EEOC decision, unlike sexual orientation which is not protected under Title VII.
B) sexual orientation can be corrected through gender reassignment surgery, whereas problems related to gender identity cannot be corrected through surgery.
C) unlike gender identity, sexual orientation involves individuals who feel that their body and mind are at odds.
D) employers have greater flexibility in making workplace policies and decisions related to transgenders than they do in making workplace policies and decisions related to homosexuals.
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Page 12
Chapter 11: Religious Discrimination
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Q1) Belinda's religion prohibits paying union dues.She was recently hired as a truck driver by Open Highway Transportation,Inc.,where all of the drivers belong to an union and all newly hired drivers are required to join it within 90 days of accepting employment.Belinda refuses to join the union and asks that the requirement be waived for her.The union refuses and requests that Open Highway terminate Belinda.She will not be entitled to accommodation of her religious beliefs:
A) because it is mandatory for an employee to pay union dues, and the law makes no exception in this case.
B) because she should have asked about union security requirements when she applied for the job.
C) if the union can establish undue hardship by showing that Belinda's request was part of a widespread refusal to pay union dues.
D) if non-payment of union dues violates the Establishment Clause ensuring governmental neutrality in matters of religion.
Q2) List five ways that an employer can avoid conflicts in the workplace based on religious beliefs.
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Chapter 12: Age Discrimination
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Q1) An employer who raises the same-actor defense asserts that:
A) when a worker protected by the Age Discrimination in Employment Act is hired and fired by the same person, there is a permissible inference that an employee's age was not a motivating factor in the decision to terminate.
B) employees in the motion picture, television, and theater industries are not protected under the Age Discrimination in Employment Act if they are replaced by a younger performer who has already performed the same part in another production.
C) when an employee signs a defective waiver under the Equal Employment Opportunity Act, the employee must repay any benefits received under the defective waiver.
D) when other persons have influence or leverage over the official decision maker, it is proper to impute their discriminatory attitudes to the formal decision maker.
Q2) An employer can use a valid waiver as a defense to an ADEA claim.
A)True
B)False
Q3) State law age discrimination claims can apply to those age 35 and older.
A)True
B)False
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Page 14
Chapter 13: Disability Discrimination
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Questions
Q1) Phil,who works as a staff manager at Holiday Inn,has a minor blood clot in his brain and thus goes on an extended 14 weeks of leave for his surgery.However,he is not able to completely recover within 14 weeks and asks Holiday for an additional two-week leave to recuperate.Holiday informs him that his position might no longer be available when he returns from his extended leave,and Phil agrees.Which of the following holds true in this case?
A) Holiday is obligated under the Americans with Disabilities Act to find a vacant position for Phil at an equivalent level or, if not available, at a lower level when he returns.
B) Holiday has no obligations under the Americans with Disabilities Act as it has already provided 14 weeks of leave to accommodate Phil's disability.
C) Phil is entitled under the Americans with Disabilities Act to return to the same or equivalent position as that which he left when taking the leave but at a lower salary.
D) Phil needs to be terminated from his job because he took more leave than what is allowed under the Americans with Disabilities Act.
Q2) Describe the regulations that protect disabled employees from discrimination in the workplace.
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Page 15
Chapter 14: The Employees Right to Privacy and Management of Personal Information
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Q1) What types of relief does the Privacy Act allow a federal employee to seek for release of private information by a federal agency?
A) Employees can obtain a declaration that the employer was wrong, but no money damages are available.
B) Employees can seek both civil remedies and criminal penalties.
C) Employees can seek injunctive relief only.
D) Only public sector employees can seek relief, and only by filing a civil suit.
Q2) Tamara openly talks to her co-workers about her intimate liaisons with certain clients of her firm.Tamara's supervisor,Peter,comes to know about this.During her performance review,he mentions that her behavior can harm the reputation of the company.Tamara believes that when senior officials view the performance review,it will project her as a woman of questionable morals.In this case,Peter has committed the tort of publication in false light.
A)True
B)False
Q3) Describe what constitutes a "search" under the Fourth Amendment's protection against unreasonable search and seizure.
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Page 16
Chapter 15: Labor Law
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Q1) The Landrum Griffin Act of 1959 includes provisions designed to safeguard union funds.
A)True
B)False
Q2) A management security clause gives an employer the right to:
A) refuse to sign a written agreement to which the contracting parties orally agreed.
B) require employees to sign an agreement stating that they do not belong to an union and will not join one.
C) run the business and make appropriate business decisions as long as management complies with applicable laws and agreements.
D) require the union to represent all employees fairly and without discrimination based on union membership.
Q3) The National Labor Relations Act:
A) defines unfair labor practices for employers
B) defines unfair labor practices for unions
C) defines unfair labor practices for employers and unions
D) does not address unfair labor practices
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Chapter 16: Selected Employment Benefits and Protections
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Q1) Which of the following must an employee prove in order to establish retaliation under the Occupational Safety and Health Act (OSHA)?
A) The employee must prove that he or she is not an at-will employee of the firm.
B) The employee must prove that he or she did not engage in a protected activity.
C) The employee must prove that he or she is not part of any labor union.
D) The employee must prove that he or she was subjected to an adverse action by the employer.
Q2) One category of OSHA violation is a willful violation.Pursuant to OSHA,each of the following constitutes a willful violation except:
A) the employer knows what he or she is doing constitutes a violation
B) there is a violation that the employer should have known about
C) there is a violation that was known to employees but not known to the employer
D) the employer is aware of a hazardous condition, but does not take steps to remedy it
Q3) Explain the general provisions of the Family and Medical Leave Act (FMLA).
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