Labor Relations
Chapter Exam Questions
Course Introduction
Labor Relations explores the dynamic between employers, employees, and labor unions within the workplace. The course examines the development and implementation of labor laws, collective bargaining processes, dispute resolution methods, and the impact of labor relations on organizational strategy and employee well-being. Students will analyze key historical and contemporary labor issues, unionization, contract negotiations, grievance procedures, and the evolving role of labor in global and diverse work environments. The course aims to provide a comprehensive understanding of how labor relations influence workplace policies, productivity, and organizational culture.
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) Harold works as head chef at the Italian Olive Restaurant in Macon,Georgia.When the management of the restaurant changed,Harold was asked to sign a non-compete agreement to keep his job.The non-compete agreement required Harold not to work as a chef for any other restaurant or open his own restaurant in the United States for the next 15 years if he decided to quit his job at the Italian Olive.A court would likely determine that this non-compete agreement:
A) violates common law.
B) is reasonable.
C) is enforceable.
D) violates the doctrine of unconscionability in contract law.
Answer: A
Q2) An employer who operates a private membership club (one that does not serve the general public)may be liable under:
A) Title VII of the Civil Rights Act of 1964.
B) Title I of the Americans with Disabilities Act of 1990.
C) The Age Discrimination in Employment Act of 1967.
D) The Whistleblower Protection Act of 1989.
Answer: C
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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 NOT generally considered a valid exception to employment-at-will?
A) The employer breached an implied promise to the employee.
B) The employee quit following rumors the employer would be relocating within the state. The employee may have a cause of action pursuant to the whistle-blower protection statutes.
C) The employee's discharge violates public policy.
D) The employer breached an implied covenant of good faith or fair dealing.
Answer: B
Q2) In the case of disparate impact employment discrimination,a job criterion that seems neutral on its face may adversely impact a protected class.Which of the following could lead to a claim of disparate impact discrimination?
A) Casual conversation at an employment interview.
B) A credit check.
C) Information such as height and weight found on a job application.
D) All of the above.
Answer: D
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Chapter 3: Title Vii of the Civil Rights Act of 1964
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Q1) Describe the types of employees that are NOT covered by Title VII of the Civil Rights Act of 1964.
Answer: Employees not covered by Title VIIEmployees of employers having less than 15 employees. Employees whose employers are not engaged in interstate commerce. Non-U.S.citizens employed outside the United States. Employees of religious institutions,associations,or corporations hired to perform work connected with carrying on religious activities. Members of Communist organizations.
Employers employing Native Americans living in or around Native American reservations.
Employers who are engaged in interstate commerce but do not employ 15 or more employees for each of 20 or more calendar weeks in the current or preceding calendar year.
Q2) If an employee files a lawsuit against their employer after exhausting their administrative remedies,the case is handled by the court as if there had not already been a finding by the EEOC.
A)True
B)False
Answer: True
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Page 5
Chapter 4: Legal Construction of the Employment Environment
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Q1) Defamation by an employer may exist in situations where the employer:
A) Subjects the employee to harm or loss of reputation as a result of false statements.
B) Negligently or intentionally communicates false statements to a third party without the employee's consent.
C) Makes false statements about the employee.
D) All of the above.
Q2) 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.
Q3) Under common law,employers can be found liable for fraud in recruitment if they:
A) offer all candidates the same information about a position or their company.
B) allow an applicant to believe something about a job that they know is false.
C) use word-of-mouth recruiting to obtain new employees.
D) fill a job position by promoting from within the company.
Q4) All of the following are acceptable questions in an employment interview except:
A) Have you ever used another name?
B) What is your native language?
C) Can you lift a box weighing 50 lbs.?
D) Are you available to travel approximately 25% of the time?
Page 6
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Chapter 5: Affirmative Action
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Q1) The Mississippi Sovereignty Commission was designed to protect the sovereignty of the State of Mississippi and her sister states from federal government interference.
A)True
B)False
Q2) Federal contractors/employers that provide more than $10,000 in goods or services to the federal government must agree to do all of the following except:
A) permit the Secretary of Labor to access books, records and accounts to determine compliance with E.O. 11246
B) furnish information and reports required by E.O. 21246 its implementing regulations
C) permit the contracting federal agency to access to books, records and accounts to investigate and determine compliance with E.O. 11246
D) permit employees to access to books, records and accounts to determine compliance with E.O. 11246
Q3) Affirmative action applies to all employers,public or private.
A)True
B)False
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Chapter 6: Race and Color Discrimination
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Q1) An employee must show each of the following to hold an employer liable for racial harassment,except:
A) the harassment was so pervasive or severe that it created an abusive environment.
B) the harassment was based on race.
C) the harassment was unwelcome.
D) the employer was directly responsible for the harassment.
Q2) To hold an employer liable for racial harassment,an employee must show that: A) the harassment was severe or pervasive enough to alter the conditions of employment.
B) the employee's supervisor attempted to quash the harassment.
C) the harassment involved physical abuse.
D) he or she has been working for the employer for more than five years.
Q3) Describe an employer's best approach to avoiding liability for racial harassment in the workplace.
Q4) An employer can avoid liability for racial harassment by showing that the:
A) employer himself or herself did not directly perpetrate the harassment.
B) employee is not a member of a protected group.
C) employer took prompt, corrective remedial action to address the situation.
D) employee was not subjected to physical abuse.
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Chapter 7: National Origin Discrimination
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Q1) To successfully claim discrimination based on national origin,an employee must demonstrate all of the following except:
A) The employer made a decision against the applicant.
B) The applicant was a member of a protected class based on gender, race or another Title VII category (besides national origin).
C) The position was filled by someone who was not a member of a protected class.
D) The applicant was qualified for the position for which he or she applied.
Q2) Jing,a Chinese citizen who is legally permitted to work in the United States,and Sophia,a white American woman,apply for the same job at Golden Bird Enterprises.Jing loses the job to Sophia.In order to prevail in a national origin discrimination claim under the Immigration Reform and Control Act (IRCA),Jing must prove that:
A) the job is a business necessity for her.
B) she has been living in the United States for more than 20 years.
C) the employer has hired other Chinese employees.
D) she is more qualified for the job than Sophia.
Q3) Describe what must be shown in order to make a successful Title VII claim of national origin discrimination.
Q4) Distinguish between national origin and citizenship.
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Page 9
Chapter 8: Gender Discrimination
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Q1) Fetal protection policies are designed to do all of the following except:
A) require employees to wear protective gear or otherwise to minimize exposure to substances that have a potential for harm to the reproductive system
B) prohibit female employees from performing certain jobs if pregnant because of the potential harm to the fetus
C) require employees to perform tasks in a way that minimizes risk to the reproductive system
D) limit the job opportunities of women of child-bearing age
Q2) Glass walls refer to:
A) men entering traditionally female-dominated professions such as teaching and nursing.
B) workplace conditions and stereotyping that result in women always being closely observed no matter what they do.
C) barriers that prevent women from moving laterally into areas that lead to higher advancement.
D) women being brought in to help a company in desperate crisis.
Q3) Describe "gender-plus" discrimination,and the issues that arise as a result of it.Give at least two examples.
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Page 10
Chapter 9: Sexual Harassment
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Q1) Allison dated Jacob,her supervisor,for three months.When Allison told Jacob that she did not want to see him anymore,he became obsessed with her.He started e-mailing her at work,dropping by her house,and stalking her after work.Jacob gave Allison a poor review,and eventually,she was fired.Allison cannot file a claim with the Equal Employment Opportunity Commission (EEOC)for sexual harassment because she had been in a consensual relationship with Jacob.
A)True
B)False
Q2) Doug occasionally compliments his secretary when he arrives at the office,saying things like,"Mrs.Woods,you look nice today," or "That's a nice dress." In this case,Mrs.Woods would not have a claim for sexual harassment.
A)True
B)False
Q3) If retaliation is involved in a sexual harassment case,the court is likely to:
A) do nothing-retaliation is to be expected.
B) refer the matter to criminal court.
C) award punitive damages as a way to punish bad behavior and deter future behavior.
D) dismiss any claims against the harassee.
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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) The Defense of Marriage Act (DOMA)defined marriage,for federal purposes,as between any two individuals,regardless of their gender identities or sexual orientations.
A)True
B)False
Q3) Eric is a public employee.He is subjected to discrimination at work after a few co-workers learn that he is gay.If he files a sexual orientation discrimination claim,it could be based on:
A) the Supreme Court's decision in Ricci v. DeStefano.
B) Article 2 of the Uniform Commercial Code.
C) the Equal Protection Clause of the U.S. Constitution.
D) provisions under Title VII of the Civil Rights Act of 1964.
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Chapter 11: Religious Discrimination
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Q1) Shayna,a Jewish woman,applied for a baker's job with the Golden Crust Bakery.After she was hired,Shayna told her manager at Golden Crust that she could not work on Friday night because the Sabbath begins on Friday night.The manager replied that she was the only Jewish baker,and all of the other bakers work on Friday night.He also added that she would be fired if she refused to comply with company policies.Which of the following is most likely to be true in this case?
A) Shayna has a claim for religious discrimination because Golden Crust failed to make an attempt to reasonably accommodate her religious practice.
B) Shayna does not have a claim for religious discrimination because she did not inform Golden Crust that she was Jewish when she applied for the job.
C) Shayna does not have a claim for religious discrimination because she did not provide a suggestion as to how her religious practice could be accommodated.
D) Shayna has a claim for religious discrimination because Golden Crust has no other Jewish employees.
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) Carlton,who is 22 years old,is employed as a security officer at My-T Security Corp.,which is a private firm.The manager of My-T Security intends to retain employees who are older as he feels that they are likely to perform better.He fires Carlton and replaces him with Sandy,who is 54 years old.Which of the following statements is most likely to be true in this case?
A) Carlton will win an age discrimination suit under the ADEA against My-T Security as it is illegal to fire an employee on the basis of age.
B) Carlton cannot file an age discrimination suit against My-T Security as reverse discrimination is not covered under the ADEA.
C) Carlton will win an age discrimination suit under the ADEA against My-T Security as he is a member of the protected class.
D) Carlton cannot file an age discrimination suit against My-T Security under the ADEA as it is applicable only to federal employees.
Q2) In states that have not waived sovereign immunity,state employees are barred from suing their employers under ADEA.
A)True
B)False
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Page 14
Chapter 13: Disability Discrimination
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Q1) What factors must be considered in determining whether an individual with a communicable disease that is a disability is otherwise qualified for the job? Does the employer still have a defense in case he or she terminates an employee based on such a disability?
Q2) Punitive and compensatory damages are available to a plaintiff in an ADA retaliation suit.
A)True
B)False
Q3) Describe the regulations that protect disabled employees from discrimination in the workplace.
Q4) In a disability discrimination case,an employer can use the bona fide occupational qualification (BFOQ)defense.
A)True
B)False
Q5) If an employee is treated as disabled by the employer but has no disability,there can be a violation of the ADA.
A)True B)False
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Page 15
Chapter 14: The Employees Right to Privacy and Management of Personal Information
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Q1) As a condition of being allowed to apply for a job with Able Industries,Colton is asked to waive his right to object to workplace searches.After signing the waiver,he is offered a job,and he accepts it.Sometime later,he is subjected to a search.If Colton seeks legal redress on the grounds that the search violated his privacy rights,his employer:
A) will be unable to successfully assert the waiver as a defense because it was not given voluntarily.
B) will be unable to successfully assert the waiver as a defense because Colton did not grant it intentionally.
C) will be unable to successfully assert the waiver as a defense because it was given by Colton prior to his job offer.
D) will be able to successfully assert the waiver as a defense because it was given in exchange for valuable consideration.
Q2) The Privacy Act of 1974 protects private sector employees from the release of personal information by their employers.
A)True
B)False
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Page 16
Chapter 15: Labor Law
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Q1) The piece of legislation that established the right of employees to form unions,to bargain collectively,and to strike is the:
A) Landrum-Griffin Act
B) Taft-Hartley Act
C) Norris-LaGuardia Act
D) National Labor Relations Act
Q2) Ace AC bids on a job to install a heating and air conditioning system for a new office building.Suburban Construction is the general contractor and is responsible for hiring subcontractors,such as Ace.Suburban workers are represented by the Brotherhood of Construction Workers (BCW).Ace is a nonunion employer and rebuffs efforts by the BCW to get it to sign a collective bargaining agreement with the union.The BCW sends e-mails and letters to the workers of Ace asking them not to report to work until Suburban rejects Ace's bid and instead selects a union subcontractor.In this case,the BCW commits the unfair labor practice of engaging in ________.
A) picketing
B) a secondary boycott
C) a lockout
D) wildcat strikes
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Page 17
Chapter 16: Selected Employment Benefits and Protections
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Q1) Before reviewing a high-risk workplace for compliance with the Occupational Safety and Health Act's standards,a safety inspector:
A) must mail a search warrant to the employer at least five days prior to the inspection.
B) must check with the employer to fix a convenient day for the inspection.
C) must ensure that no unauthorized advance notice of the inspection was given to the employer.
D) must arrange a training program on the Occupational Safety and Health Act's standards for all employees.
Q2) If a state child labor law is stricter than the federal law,the federal law supersedes the state law.
A)True
B)False
Q3) Under what circumstances might an employer NOT be held liable for an employee's workplace injury pursuant OSHA regulations?
Q4) Defined benefit plans are funded primarily by employee contributions.
A)True
B)False
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