Management and Employment Law Exam Bank
Course Introduction
This course examines the fundamental principles of management in conjunction with key aspects of employment law, providing students with an integrated understanding of the legal and organizational frameworks that shape the modern workplace. Topics include the employer-employee relationship, hiring practices, workplace discrimination, wage and hour regulations, termination procedures, health and safety, and labor relations. Emphasizing both theoretical foundations and practical applications, the course prepares students to make informed managerial decisions while ensuring legal compliance and promoting fair treatment within diverse work environments.
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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Page 2
Chapter 1: The Regulation of Employment
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Sample Questions
Q1) Acme Solutions often hires Nicco to train its employees.He is paid $300 for every session.His job also requires him to travel once a month to different branches of Acme Solutions and train employees there.When he is required to travel,the company pays him $450 per session.All training materials have to be provided by Nicco himself.When he is not hired by Acme Solutions,Nicco works for other smaller companies as a trainer.Thus,Nicco is mostly like a(n):
A) full-time employee at Acme Solutions.
B) social worker.
C) independent contractor for Acme Solutions.
D) trade creditor.
Answer: C
Q2) Agency law,based on the traditional law called master and servant,governs employment relationships.
A)True
B)False
Answer: True
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Chapter 2: The Employment Law Toolkit: Resources for Understanding
the Law and Recurring Legal Concepts
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Q1) Jessica wants to file a discrimination claim against her current employer.She consults her lawyer and learns that she cannot directly file a case in court.She needs to first file a case with the Equal Employment Opportunity Commission (EEOC).This is called
A) the doctrine of promissory estoppel
B) exhaustion of administrative remedies
C) affirmative action
D) the bona fide occupational qualification defense
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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4
Chapter 3: Title Vii of the Civil Rights Act of 1964
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Q1) With the passage of Title VII of the Civil Rights Act of 1964,the Reconstruction Civil Rights Acts were no longer available as a means to pursue a claim of discrimination based on race.
A)True
B)False
Answer: False
Q2) Which of the following is NOT true of the EEOC's mediation option?
A) Information disclosed in the mediation process is confidential - it is not even disclosed to EEOC employees.
B) Mediation is only available in the beginning stages of the claim.
C) The decision to participate in mediation is voluntary for both sides.
D) A decision reached after mediation is binding.
Answer: B
Q3) The deadline for a non-federal employee to file a claim under Title VII of the Civil Rights Act of 1964 is 36 months after the discriminatory event.
A)True
B)False
Answer: False
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5
Chapter 4: Legal Construction of the Employment Environment
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Q1) Steve,the Human Resources Manager at Dusk Auto Services,is informed that Arthur,one of the contract-based mechanics,is HIV-positive.Upon asking,Arthur admits to it.Consequently,Arthur is terminated from his employment even though his condition did not affect the quality of his work.Which of the following holds true in this scenario?
A) Arthur's termination creates no cause of action against Dusk Auto Services for wrongful discharge as he is an employee-at-will.
B) Arthur's termination is not justified because Dusk Auto Services failed to conduct an HIV test before hiring him.
C) Arthur's termination is a violation of the Americans with Disabilities Act because his HIV status did not affect his performance on the job.
D) Arthur's termination is not a violation of the Americans with Disabilities Act because he did not willfully inform his employer as required by the Act.
Q2) An employer's use of a psychological test to help screen job applicants is acceptable so long as it is a widely-accepted psychological test.
A)True
B)False
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Page 6
Chapter 5: Affirmative Action
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Sample Questions
Q1) Penalties for noncompliance include all of the following except:
A) require only minority or female hiring, promotions, etc. until the workforce is more balanced.
B) canceling, terminating or suspending any remaining portion of it
C) publishing names of noncompliant contractors.
D) recommend that the Department of Justice pursue criminal charges against the contractor.
Q2) A corporate management compliance evaluation is:
A) used by courts to determine if federal contractors have implemented an appropriate affirmative action plan.
B) conducted by the Equal Employment Opportunity Commission to determine if reverse discrimination has occurred.
C) applied by courts to determine whether the affirmative action plan is a viable means of addressing workforce inequities.
D) designed to determine whether employees encounter artificial barriers to advancement to mid- and senior-level corporate management.
Q3) Describe some actions an employer can take to make an effort to include those historically underrepresented in the workplace.
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Chapter 6: Race and Color Discrimination
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Q1) 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.
Q2) "Nine out of 10 whites under 30 believe African-Americans and whites are treated equally." A potential implication of this is:
A) employers might be more likely to take steps to reduce racial discrimination in the workplace.
B) there might be a decline in the number of race-based discrimination claims filed by nonwhite employees with the Equal Employment Opportunity Commission (EEOC) or any other similar federal agencies.
C) employers might face more reverse discrimination claims from white employees under Title VII of the Civil Rights Act of 1964.
D) employers might be less likely to respond appropriately to claims of racial discrimination from nonwhite employees and thus increase the likelihood of liability under Title VII of the Civil Rights Act of 1964.
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Chapter 7: National Origin Discrimination
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Q1) To claim a prima facie case for national origin discrimination,an employee needs to prove that:
A) his or her employer's employment decision caused an adverse employment action to him or her.
B) his or her position was filled by someone who is a member of the same protected class that he or she belongs to.
C) his or her employer's employment decision or action was a business necessity.
D) his or her employer's job requirements exceed his or her qualifications.
Q2) Criminal penalties can be imposed for violations of the Immigration Reform and Control Act (IRCA).
A)True
B)False
Q3) Once an employee has articulated a prima facie case of discrimination based on national origin,the burden falls on his or her employer to:
A) identify a bona fide occupational qualification (BFOQ).
B) prove that there has been a violation of the doctrine of promissory estoppel.
C) establish that no other employee was subjected to such disparate treatment.
D) show that the employee belongs to a protected class.
Q4) Distinguish between national origin and citizenship.
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Chapter 8: Gender Discrimination
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Q1) 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.
Q2) Liam works as a sales clerk at Big Time TV and Stereo,an entertainment and appliance retailer.Big Time has a grooming policy that requires employees to be generally neat in appearance and specifically prohibits male employees from wearing long hair.Liam,an aspiring actor,has been growing his hair out for a role.Though he makes a point to pull his hair back neatly in a ponytail,he has been issued a warning about violating the store's grooming policy and faces termination if he fails to comply.Liam claims that the policy constitutes gender discrimination because there is no such limitation on female employees.Does Liam have a valid claim for gender discrimination against Big Time?
Q3) Describe "gender-plus" discrimination,and the issues that arise as a result of it.Give at least two examples.
Q4) What is gender stereotyping,and how does it result in gender discrimination?
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Chapter 9: Sexual Harassment
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Q1) To establish a hostile environment sexual harassment case,an employee must establish all of the following except:
A) It affects a term or condition of the harassee's employment.
B) It is unwanted by the harassee.
C) It is based on the harasser's gender.
D) It is sufficiently severe or pervasive.
Q2) Which of the following is untrue about a "love contract"?
A) Love contracts are meant for employees at all levels of the company.
B) The love contract restates the voluntary nature of the relationship.
C) The love contract confirms both parties' understandings of the existence of an employer's sexual harassment policy.
D) The love contract is an agreement of the parties that they will use alternative dispute resolution to resolve any conflicts that arise, rather than take it to the courts.
Q3) 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
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Chapter 10: Sexual Orientation and Gender Identity
Discrimination
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Sample Questions
Q1) Lucas is a waiter at The Foodie Club.He is also studying fashion design at a local college.The other waiters ridicule his chosen field of study,saying that "real men don't use sewing machines." They call him a punk and keep targeting all their jokes at him.They even attempted to pull his shirt off once.This type of verbal and physical abuse takes place on a regular basis and has caused him a lot of duress.In this scenario,Lucas:
A) does not have a claim for sexual harassment under Title VII because the harassment was not based on sexual orientation.
B) has a claim for same-gender sexual harassment under Title VII.
C) has a claim for reverse discrimination under Title VII.
D) does not have a claim for discrimination under Title VII because it involved harassment from the same gender.
Q2) The term transgender includes those who may not yet have undergone gender reassignment surgery but are living as the opposite gender.
A)True
B)False
Q3) What protections,if any,does Title VII of the Civil Rights Act of 1964 afford LGBT employees?
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Page 12
Chapter 11: Religious Discrimination
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Q1) Which of the following is true of undue hardship as it relates to an employer's accommodation of an employee's religious belief?
A) Undue hardship is a concept that is consistent from employer to employer. That is, if an accommodation constitutes undue hardship for one employer, it will constitute undue hardship for all other employers.
B) The EEOC has proven to be more lenient than the courts in determining what constitutes undue hardship.
C) The concept of undue hardship differs from one employer to another. What might constitute undue hardship for one employer may not constitute undue hardship for another.
D) The U.S. Supreme Court has not yet considered the issue of what might constitute undue hardship.
Q2) Describe the factors that are necessary to establish a prima facie case of religious discrimination.Describe the burden that shifts to the employer once the prima facie case is established.
Q3) 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) Marissa is 57 and has been a store manager for Lasalle Corp.,a retail store,for 10 years.Lasalle plans to project a more youthful image to its customers.As a result,Marissa gets demoted to an inventory manager role,which requires no customer contact.Marissa files a complaint with the Equal Employment Opportunity Commission.Following the complaint,Marissa gets fired.Which of the following statements is most likely to be true in this case?
A) Marissa's age discrimination claim is not actionable if her demotion was based on poor performance, but she has an actionable claim based on unlawful retaliation.
B) Marissa's age discrimination claim is not valid because the Age Discrimination in Employment Act only covers state and federal employees.
C) Marissa's age discrimination claim is not valid because the Age Discrimination in Employment Act allows employers to maintain a younger staff if doing so results in an economic profit to the employer.
D) Marissa's age discrimination claim is not actionable if she is replaced by a worker who is older than 40, but she has an actionable claim if she is fired by the person who hired her.
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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) What steps can an employer take to ensure respect of employee information and privacy while also maintaining a balanced management of its workforce?
Q2) The U.S.Constitution protects public employees from wrongful invasion of privacy by anyone acting on behalf of the government.
A)True
B)False
Q3) Pursuant to the USA PATRIOT Act,when the government requests confidential information from employers about their employees,the employer can choose not to cooperate:
A) in order to avoid committing the tort of publication in a false light.
B) in order to avoid committing the tort of public disclosure of private facts.
C) and ask instead for permission to seek employee authorization to release the requested information.
D) and advise the employees that it is not mandatory under law to provide confidential information.
Q4) 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) The Landrum-Griffin Act provides that:
A) management must address issues that it may become aware of during an unionizing process.
B) management must help employees form an union.
C) lobbying for right-to-work laws is legal.
D) certain procedures must be followed before any dues or initiation fee increases.
Q2) An example of an unfair labor practice is when an employer:
A) reinstates striking employees.
B) remains neutral during union elections.
C) fails to include all union demands in the collective bargaining agreement.
D) refuses to bargain with the union.
Q3) Explain the concept of bargaining in good faith in the context of collective bargaining agreements under the National Labor Relations Act.
Q4) A union is said to have failed to discharge its duty of fair representation when:
A) its outcome is not approved by the management of a company.
B) its agreement with an employer is wholly irrational or arbitrary.
C) it refuses to bargain with an employer.
D) it collects dues from its union members.
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Page 17
Chapter 16: Selected Employment Benefits and Protections
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Q1) An employer may use the greater hazard defense to an Occupational Safety and Health Act (OSHA)violation:
A) where the harm was the result of reckless behavior by an employee.
B) where an employee knew of the hazard involved in the workplace, chose to chance not being injured, and was in fact injured.
C) where the employees refuse to adhere to the restrictions under the act.
D) where the hazards of compliance with the standard are more than the hazards of noncompliance.
Q2) An employer may exclude employees who have not yet attained age twenty-one (21)from the company's retirement plan(s).
A)True
B)False
Q3) The tools used by OSHA to accomplish its purpose of enhancing workplace safety include all of the following,except:
A) undercover agents posing as employees
B) citations and penalties for violations
C) unannounced inspections
D) continual safety training requirements
Q4) Explain the general provisions of the Family and Medical Leave Act (FMLA).
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