Management Exam Bank
Course Introduction
This course in Management provides students with a comprehensive overview of the fundamental principles, theories, and practices that guide organizations toward achieving their goals. Topics include planning, organizing, leading, and controlling, as well as decision-making, strategic management, organizational structure, and effective communication. Throughout the course, students will explore real-world case studies, learn to analyze management challenges, and develop skills necessary for both individual and team leadership in diverse business environments.
Recommended Textbook
Employment Law for Business 6th Edition by
Dawn Bennett-Alexander
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15 Chapters
786 Verified Questions
786 Flashcards
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Chapter 1: The Regulation of the Employment Relationship
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Sample Questions
Q1) Benita works as a nursing assistant in a retirement home run by Cottonwood Care Centers,a national operator of facilities providing care for the elderly.Benita works 53 hours a week.After looking at her payroll stubs for the past 6 months,she concludes that she has not received sufficient overtime pay.She complains to her supervisor but the company takes no action.
A)Benita can bring a complaint to the National Labor Relations Board under the Fair Labor Standards Act of 1938 (FLSA)
B)Benita can bring a complaint to the U.S.Department of Labor,under the Fair Labor Standards Act of 1938 (FLSA).
C)Benita can bring a complaint to the U.S.Department of Labor,under the Employee Retirement Income Security Act of 1974 (ERISA)
D)Benita can bring a complaint to the U.S.Department of Labor,under Executive Order 11246.
Answer: B
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Chapter 2: The Employment Law Toolkit: Resources for Understanding
the Lawand Recurring Legal Concepts
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Sample Questions
Q1) Describe the basic legal theory that is used to determine whether the plaintiff or the defendant will prevail in a lawsuit in which it is alleged that the defendant has committed illegal,disparate treatment employment discrimination,in violation of Title VII of the Civil Rights Act of 1964,as amended,when there is no direct evidence of discrimination.
Answer: According to the pattern set forth in McDonnell Douglas v.Green,the plaintiff must prove all elements of the prima facie case of discrimination alleged in the complaint.The burden then shifts to the defendant to articulate some legitimate nondiscriminatory reason to explain the alleged discriminatory act.If the defendant articulates such a reason,the plaintiff must then prove that this nondiscriminatory reason is simply a pretext for another,illegally discriminatory explanation of the defendant's alleged discriminatory act.If the plaintiff can successfully show this,the plaintiff will prevail.
Q2) The following defenses are available to employers in discrimination claims:
A)bona fide occupational qualification (BFOQ)defense
B)legitimate,nondiscriminatory reason defense
C)business necessity defense
D)All of the choices are correct.
Answer: D
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Chapter 3: Title VII of the Civil Rights Act of 1964
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Q1) Samantha Bradshaw signed an employment contract with Soaks in the City to work as a hot tub sales clerk.The agreement included an arbitration agreement.After Samantha was denied a promotion she filed a charge of discrimination with the EEOC.The manager of Soaks told Samantha that her employment contract requires her to use arbitration to pursue her case instead of going to the EEOC.
A)Samantha cannot pursue her claim of discrimination at the EEOC because she signed a contract agreeing to arbitration.
B)The EEOC can take Samantha's case to court because it was not a party to the employment agreement.
C)The EEOC can represent Samantha in the arbitration of her case because it is the official government agency for resolving complaints of discrimination.
D)If the arbitration hearing is held and a decision is issued before the EEOC takes action it will be the final result for Samantha's claim.
Answer: B
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Chapter 4: Legal Construction of the Employment
Environment Part Two
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Sample Questions
Q1) Segregation in the workplace was legal in many parts of the United States until
A)the 1954 Supreme Court case of Brown v.Topeka Board of Education.
B)the passage of the Civil Rights Act of 1964
C)the 1979 Supreme Court case of United Steelworkers of America,AFL-CIO v.Weber.
D)the 1971 Supreme Court case of Griggs v.Duke Power.
Q2) Employer instituted quotas are
A)required by Title VII and Executive Order 11246.
B)not required by Title VII but are permitted by Executive Order 11246.
C)not required by Title VII or by Executive Order 11246.
D)permitted by Title VII but not required by Executive Order 11246.
Q3) Executive Order 11246
A)regulates federal government contractors and lawsuits by private employees.
B)allows private employees to sue the Secretary of Labor to compel federal contractors to comply with the provisions of the Order.
C)is administered by the Secretary of Labor and the Office of Special Counsel.
D)prohibits the use of affirmative action plans.
Q4) Affirmative action applies to all employers engaged in interstate commerce.
A)True
B)False
Q5) Distinguish between quotas and affirmative action goals.
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Chapter 5: Affirmative Action
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Q1) Studies have shown that race discrimination
A)claims are successful only if the claimant has evidence that the supervisors condone and encourage racist conduct by other employees.
B)is on the decline due in large part to the effect of Title VII.
C)occurs based on the individual's name and voice.
D)All of the choices are correct.
Q2) Cynthia Williams filed a lawsuit against her employer for racial harassment.The evidence at trial indicated that her employer responded immediately to her allegations of racial discrimination by investigating the matter,reprimanding the harasser and conducting department wide meetings to discuss the company's policy on race discrimination.Cynthia will
A)win the lawsuit because her employer acknowledged that the race discrimination occurred.
B)win the lawsuit because her employer did not terminate the harassing employee.
C)lose the lawsuit because her employer acted reasonably when notified of the racial harassment.
D)lose the lawsuit because the harasser admitted to engaging in racial harassment.
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Chapter 6: Race and Color Discrimination
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Q1) Tang Li is employed by Henderson Corporation as a computer analyst.Once,in a fit of anger,Bob,his supervisor,used an ethnic slur in referring to Tang.Six months later,Bob yelled at Tang,calling him stupid.
A)Tang has a claim for harassment based on national origin under Title VII.
B)Tang does not have a claim for harassment based on national origin under Title VII because these two incidents,although offensive,would not create a hostile work environment.
C)Tang has a claim for harassment based on national origin because anytime an ethnic slur is used in the workplace,it constitutes harassment and the employer is liable.
D)Tang does not have a claim for harassment based on national origin because he did not report the first incident.
Q2) A professor who speaks fluent English may be fired if his or her accent is so severe that students cannot understand what the professor is saying.
A)True
B)False
Q3) Distinguish between national origin and citizenship.
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Page 8
Chapter 7: National Origin Discrimination
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Sample Questions
Q1) Fetal protection polices
A)subject employers to tort liability on the basis of negligence for harm to the unborn fetus of an employee.
B)are prohibited by Title VII if the policy applies only to women.
C)are prohibited by Title VII if the policy applies to women and men.
D)None of the choices are correct.
Q2) Katie Fleming is a qualified carpenter just like her father and 4 brothers.She applied for a job with Kent Construction,LLC.Katie was assigned to work on the current project.A number of her co-workers complained saying they did not want to work with a woman and would not work with a woman.The entire crew threatened to walk off the job.Katie was subsequently terminated.
A)Kent Construction is not liable for gender discrimination because of the business necessity defense.
B)Kent Construction is not liable for gender discrimination and can use BFOQ.
C)Kent Construction is liable for gender discrimination since Katie was fired because she was a woman.
D)None of the choices are correct.
Q3) What is "gender stereotyping" and how does it result in gender discrimination?
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Chapter 8: Gender Discrimination
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Q1) Homer and Julia are part of a cheese production team at the Mayberry Dairy.In general there is harmony among the team members,who have worked together effectively for years and often socialize outside of work.However,on the wall over Homer's desk is a calendar which features a different semi-nude woman in a sexually suggestive pose each month.The calendar makes Julia uncomfortable but Homer won't remove it saying he has been getting that same brand of calendar for three decades and he sees no reason to change now.Julia files a complaint of sexual harassment.In order to prevail,she must prove:
A)it was psychologically injurious for her to see the calendar over Homer's desk.
B)the calendar made her feel uncomfortable.
C)the display of Homer's calendar was so severe or pervasive as to alter the conditions of her employment.
D)All of the choices are correct.
Q2) Quid pro quo sexual harassment occurs when the harasser creates an abusive or intimidating work environment.
A)True
B)False
Q3) What are the elements of a prima facie case of hostile environment harassment?
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Page 10
Chapter 9: Sexual Harassment
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Q1) Wilbur,a software engineer for a Megaweapons,Inc.,major defense contractor,refuses to attend diversity training because it includes a unit on respecting the rights of homosexual,bi-sexual and transgendered employees.Based on his particular religious faith he refuses to go to the diversity training because he cannot accept homosexuality,bi-sexuality and transgenderism,which he considers to be sinful.He says that he will not be disrespectful to his homosexual,bi-sexual and transgendered co-workers and will pray for them.
A)Megaweapons should fire Wilbur because he is an intolerant at-will employee even if his beliefs are based on his religious faith.
B)Meagaweapons cannot fire Wilbur even if he is an intolerant at-will employee because his beliefs are based on his religious faith.
C)Meagaweapons should try to make a reasonable accommodation for Wilbur's religious beliefs before deciding whether to fire him.
D)None of the choices are correct.
Q2) Title VII prohibits employment discrimination on the basis of affinity orientation.
A)True
B)False
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Page 11
Chapter 10: Sexual Orientation and Gender Identity
Discrimination
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Q1) At the law firm of Olde & Waize,it is the receptionist's job to coordinate a monthly birthday celebration,which includes ordering and picking up the cake,putting up the birthday flyers and setting up and cleaning up the room afterwards.Harold is the new receptionist.He informs Ms.Olde that he cannot coordinate the birthday celebrations because his religion doesn't believe in birthday celebrations. I.Olde & Waize should cease the practice of having birthday celebrations even if it makes the other employees angry.
II)Olde & Waize can accommodate Harold by assigning the coordination of birthday celebrations as additional duties for another employee.
III)Olde & Waize can accommodate Harold by having him set up and clean up the room,similar to what would be done for any other event or meeting with food,while assigning other employees to order and pick up the cake and put up the birthday fliers.
IV)Olde & Waize can ask other employees to volunteer to take on all of the birthday party tasks so that Harold can be accommodated.
A)I.
B)II.
C)III & IV.
D)None of the choices is correct.
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12
Chapter 11: Religious Discrimination
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Q1) A willful violation of the ADEA can result in an award of liquidated damages which is A)the total of back pay,front pay and any other unpaid wage liability owed to the employee-plaintiff.
B)compensation for pain and suffering.
C)an amount that is equal to any unpaid wage liability and results in a doubling of the unpaid wage liability.
D)an amount sufficient to punish the wrong doer from willfully violating the ADEA in the future.
Q2) A BFOQ defense against a claim of age discrimination,based on the fact that some people over a certain age have a trait which cannot be ascertained except by reference to age,can be established by
A)requiring all employees or applicants over the certain age to take a medical examination.
B)requiring all employees over a certain age to take a psychological examination.
C)requiring all employees over a certain age to go to vocational rehabilitation.
D)None of the choices are correct.
Q3) State,and discuss,at least three myths related to age discrimination.
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Page 13
Chapter 12: Age Discrimination
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Q1) April wins her ADA discrimination case and accepts the paralegal position.Seven months later,April finds that her child care arrangements are unsatisfactory.Therefore,she is frequently absent from her workplace to care for her child and the quality of her work suffers.April asks for a reasonable accommodation which will allow her to work from home.The university denies the accommodation and terminates April from the paralegal position.
A)April can prevail on a claim for violation of the ADA because the university cannot show that her request for a reasonable accommodation would create an undue hardship.
B)April cannot prevail on a claim for violation of the ADA because the university can show that her request for a reasonable accommodation would create an undue hardship.
C)April cannot prevail on a claim for violation of the ADA because the ADA does not require that the employer reasonably accommodate her because she does not have a disability.
D)April's child can prevail on a claim for violation of the ADA if requests a reasonable accommodation for April because the university cannot show that it would create an undue hardship.
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Page 14
Chapter 13: Disability Discrimination
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Q1) An employer cannot be held liable to an employee for the tort of intrusion into seclusion unless,among other things:
A)the employee was entitled to privacy in the area into which the employer is alleged to have improperly intruded.
B)the employee failed to waive his privacy interest.
C)the employee waived his privacy interest.
D)the employee can demonstrate that the seclusion was rationally related to a legitimate employer interest.
Q2) Private sector employees can sue their employers based on state tort law as well as for violation of their constitutional right to be free from unreasonable search and seizure. A)True
B)False
Q3) What is the justification for monitoring employee internet use?
Q4) In most states,it is illegal for an employer to prohibit dating among co-workers and terminate violators of this rule.
A)True
B)False
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Chapter 14: The Employees Right to Privacy and Management of Personal Information
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Sample Questions
Q1) The Norris-LaGuardia Act provided for each of the following except:
A)injunctions could not be used to prohibit any person from participating in a labor dispute.
B)labor unions could provide relief funds to strikers.
C)yellow dog contracts were directly outlawed.
D)collective bargaining was endorsed as a matter of public policy.
Q2) A management security clause gives the employer the right to
A)include mid-term negotiations in the collective bargaining agreement.
B)the right to require employees to sign an agreement stating that they do not belong to a union and won't join one.
C)run the business and make appropriate business decisions as long as management complies with applicable laws.
D)require the union to represent all employees fairly and without discrimination based on union membership.
Q3) The Federal Labor Relations Authority
A)is the agency established to administer federal sector labor law.
B)is the counterpart to the NLRB.
C)was established by the Civil Service Reform Act of 1978.
D)All of the choices are correct.
Page 16
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Chapter 15: Labor Law
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Q1) Winslow Gordon accepted an early retirement package from his employer,Pine Lakes Spa and Resort.The plan restricted his employment after accepting the early retirement stating that he could not work as a hotel/restaurant worker.Winslow took a job as a supervisor at a local restaurant.He received full benefits for 2 years when he was informed that the pension plan had changed and his benefits would be terminated because he was working in the hotel/restaurant industry.Mr.Gordon:
A)is not entitled to receive back pay and reinstatement of his original benefits if the plan included a clause allowing the employer to modify the plan.
B)is entitled to have his benefits reinstated because ERISA does not allow employers to decrease accrued benefits by amending the plan.
C)is not entitled to have his benefits reinstated because he is no longer an employee. D)None of the choices are correct.
Q2) The HIPPA Privacy Rule prohibits the use of protected health information for treatment,payment and health care operations without the individual's permission.
A)True
B)False
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