Workplace Law
Midterm Exam
Course Introduction
Workplace Law introduces students to the legal framework governing employment relationships and the rights and responsibilities of employers and employees. The course covers key topics such as employment contracts, anti-discrimination laws, workplace health and safety, collective bargaining, wrongful dismissal, and dispute resolution mechanisms. Students will explore relevant statutes, case law, and regulatory bodies that shape workplace practices, developing critical skills to navigate legal issues in various employment contexts. The course equips students with the foundational knowledge necessary to address legal challenges in the modern workplace and promotes an understanding of ethical and professional standards within the field of employment law.
Recommended Textbook
Employment and Labor Law 8th Edition by
Patrick J. Cihon
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Chapter
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Q1) The integration of national economies into a worldwide economy,due to trade,investment,and migration and information technology is known as:
A) globalization.
B) perennial revolution.
C) amalgamation.
D) assimilation.
Answer: A
Q2) To solve the problems of high cost and limited coverage of the US health insurance system,the Obama Administration and Congress have concentrated on:
A) Civil Rights Act.
B) Employee Free Choice Act.
C) Health Insurance Reform.
D) The federal Occupational Safety and Health Act (OSHA).
Answer: C
Q3) What are individual employee rights?
Answer: Individual employee rights are those rights which are enjoyed by workers as individuals,as against collective rights secured by unionization.
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Chapter 2: Employment Contracts And Wrongful Discharge
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Q1) Identify two Acts that protect whistleblowers from employer retaliation.
Answer: Occupational Safety and Health Act (OSHA) and Title VII provide protection to whistleblowing employees.
Q2) Adam was an employee of ABC Corporation and he discovered the management was hiring illegal immigrants in most of its factories.He raised objection against the employer's practices and provided information to the law enforcing agencies regarding the illegal activities.The employer retaliated against Adam by terminating his employment.In this scenario,Adam is protected under:
A) Pennsylvania Human Relation Act which prohibits employee retaliation.
B) Section 203 and Section 806 of the Sarbanes-Oxley Act for illegal strikes.
C) OSHA and Title VII which protect employees who blow the whistle on illegal practice.
D) Section 203 of Title VII for breach of contract.
Answer: C
Q3) What is SOX?
Answer: SOX is the Sarbanes-Oxley Act.It protects employees who report improper conduct by corporate officials concerning securities fraud and corruption.
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Chapter 3: Commonly Committed Workplace Torts
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Q1) Which of the following can be considered to be a civil wrong?
A) injunction
B) tort
C) ordeal
D) ordinance
Answer: B
Q2) How does the court recognize qualified privilege?
Answer: The law generally recognizes a qualified privilege where one person communicates with another who has a legitimate need to know the information.
Q3) When a person is protected by _______________,the remarks made will be immune from a defamation suit,if the person has made them in good faith.
A) qualified privilege
B) sovereign immunity
C) strict liability
D) vicarious liability
Answer: A
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Chapter 4: Employee Privacy Rights In The 21st Century
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Q1) The most common way employers invade their employees' privacy is to:
A) intrude on their seclusion, solitude or private affairs.
B) probe into their personal lives and medical history.
C) monitor their relationships with individuals at the workplace.
D) request for irrelevant information and past records.
Q2) Discuss the origin of Employee Privacy Rights.
Q3) Which of the following is not part of a typical pre-employment drug testing policy?
A) Applicants will be required to voluntarily submit to a urinalysis test at a laboratory chosen by the company.
B) Any applicant with positive test results will be denied employment at that time.
C) The company will not entertain applications from candidates with a history of drug or alcohol abuse.
D) All job applicants need to undergo screening for the presence of illegal drugs or alcohol as a condition for employment.
Q4) What tort is committed when the privacy rights of private employees disregarded?
Q5) What does surveillance and eavesdropping mean?
Q6) Elaborate on the policy regarding employee personal files.
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Page 6
Chapter 5: The Global Perspective: International
Employment Law And American Immigration Policy
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Q1) Which one of these states is not included in the early entrants of the controversial legal arena?
A) California
B) Texas
C) Alabama
D) Missouri
Q2) Which one of the following bodies is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration services policies and priorities?
A) U.S.Social Security Administration
B) U.S.Department of Justice
C) U.S.Citizenship and Immigration Services
D) U.S.Immigration and Customs Enforcement
Q3) State the purpose of the Immigration Reform and Control Act (IRCA) of 1986.
Q4) What does the Alien Tort Claims Act provide?
Q5) List the targets of the Union Network International (UNI).
Q6) What steps did Brazil take in the eradication of child labor and slavery?
Q7) What are conventions?
Q8) What are the components of Global Unions? Page 7
Q9) Outline the duties of the International Labor Organization (ILO).
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Chapter 6: Title Vii Of The Civil Rights Act And Race Discrimination
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Q1) The Supreme Court decision in Adarand Constructors,Inc.v.Pena held that government affirmative action programs must be justified under the strict scrutiny test and that the court would examine such justifications closely.Elucidate.
Q2) In EEOC v.Dial Corp.,after the Work Tolerance Screen (WTS) was adopted:
A) the percentage of new female hires declined.
B) the percentage of new female hires significantly increased.
C) the percentage of new hires from minority groups declined.
D) the percentage of new male hires significantly declined.
Q3) In International Brotherhood of Teamsters v.United States,the seniority system was established between:
A) employee and the union.
B) employer and the union.
C) employee and the employer.
D) both employer-employee and employee-union.
Q4) Define construct validity.
Q5) What do affirmative action programs usually involve?
Q6) The equal employment opportunity legislation prohibits discrimination based on what criteria?
Page 9
Q7) Who does Title VII of the Civil Rights Act of 1991 cover?
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Chapter 7: Gender And Family Issues: Title Vii And Other Legislation
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Q1) Which of the following prohibits advertising for male or female employees in help-wanted notices (apart from a few exceptions) or maintaining separate seniority lists for male and female employees?
A) Bona fide occupational qualification (BFOQ)
B) Section 703
C) Equal Pay Act
D) The Bennett Amendment
Q2) A transport company had a policy that required every female employee to go through a mandatory physical examination prior to a promotion.However,the test was not mandatory for male candidates.A group of female candidates filed a lawsuit against the company.In this instance,the court most likely held that the company violated:
A) Title VII, on the basis of gender stereotyping.
B) Title VII, on the basis of gender-plus discrimination.
C) Title VII, on the basis of national origin.
D) National Labor Relation Act.
Q3) Explain the coverage of the Equal Pay Act.
Q4) Explain Hostile Environment Harassment.
Q5) Explain the provision of the Equal Pay Act.
Q6) Define the Bennett Amendment.
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Chapter 8: Discrimination Based On Religion And National
Origin & Procedures Under
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Q1) What is discrimination based on national origin?
Q2) Discuss the Equal Employment opportunity commission (EEOC) guidelines that are considered in determining what amounts to reasonable accommodation and whether it results in undue hardship.
Q3) Employers are allowed to refuse to hire applicants who are denied national security clearances for positions subject to federal security requirements under:
A) Section 703(g) of Title VII.
B) Section 703(e) of Title VII.
C) Section 704(e) of Title VII.
D) Section 703(f) of Title VII.
Q4) Explain Immigration Reform and Control Act of 1986,and Discrimination Based on National Origin or Citizenship.
Q5) Why should employers avoid arbitrary employment criteria,such as height or weight for applicants?
Q6) Title VII includes religion within the BFOQ exception enumerated in:
A) Section 703(d) (2).
B) Section 703(d) (1).
C) Section 702(d) (2).
D) Section 703(e) (1).
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Chapter 9: Discrimination Based on Age
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Q1) In Western Air Lines v.Criswell,Western claimed the mandatory retirement age for flight engineers was:
A) a Bona Fide Occupational Qualification.
B) based on customer preference.
C) enforceable by company policy.
D) just prior to his or her 50?? birthday.
Q2) In Astoria Federal Savings & Loan v.Solimino,if the state or local EEO agency has ruled that the employee was not the victim of age discrimination; an individual can file an age discrimination suit in:
A) circuit court.
B) court of appeals..
C) federal court.
D) district court.
Q3) What are the procedures to file complaint for alleged violation under Age Discrimination in Employment Act?
Q4) What is bona fide seniority or benefit plan? What is its significance?
Q5) Who are covered under Age Discrimination in Employment Act?
Q6) When is arbitration for ADEA claims enforced?
Q7) What are the provisions of the Age Discrimination in Employment Act?
Page 12
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Chapter 10: Discrimination Based On Disability
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Q1) Sam was fired from his employment because he had opposed the management decision to terminate several disabled coworkers from employment.Sam filed a complaint and participated in proceedings under the ADA against the employer.In this case:
A) the company can press charges against Sam since the Americans with Disabilities Act allows companies to take action against employees.
B) Sam is protected under Americans with Disabilities Act, which prohibits retaliation by the employers.
C) Sam cannot participate in the court proceedings since ADA provides a defense to the employers.
D) Sam can no longer be involved in this case since he terminated from employment prior to the proceedings.
Q2) What is the procedure to claim remedies under the ADA?
Q3) What is the Rehabilitation Act? Explain it provisions.
Q4) What does Section 501 of the Rehabilitation Act deal with?
Q5) What is the American with Disabilities Act?
Q6) What is the constitutional validity of drug testing by public sector employment?
Q7) Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?
Q8) How do state laws handle discrimination with respect to disabilities?
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Chapter 11: Other Eeo And Employment Legislation: Federal
And State Laws
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Q1) Which one of the following laws requires criminal background checks for employees of the state Lottery Commission?
A) Texas law
B) Virginia law
C) Indiana law
D) Tennessee law
Q2) Persons who are affected by alleged violations of the USERRA must file written complaints with the:
A) National Labor Relations Board.
B) Equal Employment Opportunity Commission.
C) National Federation of Labor Union.
D) federal Secretary of Labor.
Q3) The use of psychological profile tests as an employee selection device could possibly raise issues under the _____ or state antidiscrimination legislation.
A) Civil Rights Act of 1991
B) Americans with Disabilities Act
C) federal Equal Employment Opportunity
D) federal Employee Polygraph Protection Act
Q4) What is the role of federal Employee Polygraph Protection Act of 1988?
Page 14
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Chapter 12: The Rise Of Organized Labor And Its Regulatory Framework
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Q1) Which case illustrates the broad scope of the definition of labor dispute under the Norris-La Guardia Act?
A) National Labor Relations Board v.Kentucky River Community Care, Inc.
B) Pulte Homes, Inc.v.Laborers' International Union of North America
C) Duplex Printing Press Company v.Deering
D) Loewe v.Lawlor
Q2) The _____ was a legislative reversal of the prevailing view of the judiciary that economic injury inflicted by unions pursuing their economic self-interest was unlawful both at common law and under antitrust laws.
A) Taft-Hartley Act
B) National Industrial Recovery Act
C) The Railway Labor Act
D) Norris-La Guardia Act
Q3) What role did the American Federation of Labor (AFL) play in the labor movement in the U.S.?
Q4) Define the term "supervisor" in accordance with Section 2(11) of the NLRA.
Q5) Define managerial employees.
Q6) What is a labor injunction?
Q7) Briefly explain Norris-La Guardia Act.
Page 15
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Chapter 13: The Unionization Process
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Q1) What is the relevance of filing objection after election has been conducted?
Q2) In National Steel Supply,Inc.and International Brotherhood of Trade Unions,Local 713, the NLRB ordered the employer to cease and desist from engaging in:
A) whipshaw strikes.
B) criminal conspiracy.
C) unfair labor practices.
D) monopoly practices.
Q3) Section 9(e) (1) of the National Labor Relations Act provides for the holding of a deauthorization election to rescind the union shop clause in a(n) _____ agreement.
A) employment
B) collective
C) non-disclosure
D) arbitration
Q4) What is the significance of Section 9 (e) (1) of the NLRA pertaining to election?
Q5) When should an employer file the election eligibility list in the regional office?
Q6) Define voluntary recognition.
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Chapter 14: Unfair Labor Practices By Employers And Unions
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Q1) Dolan Tractor is a manufacturing unit in Nevada.The employers rely on unions to refer prospective employees to the various employers.This kind of arrangement is known as:
A) agency shop agreement.
B) soliciting agreement.
C) hiring hall.
D) union shop.
Q2) A temporary withdrawal of employment to pressure employees to agree to the employer's bargaining proposals is known as a:
A) bailout.
B) lockout.
C) closure.
D) freeze.
Q3) List the various types of employer conduct considered illegal under section 8(a) of National Labor Relation Act.
Q4) Which section of National Labor Relation Act speaks about union coercion of employees and employers?
Q5) What is the exception regarding the encouragement of unions?
Q6) Define super seniority in context of collective bargaining.
Page 17
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Chapter 15: Collective Bargaining
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Q1) A union or employer seeking to bargain with the other party must notify that other party of its desire ? to bargain at least _____ prior to the expiration of the existing collective agreement.
A) forty five days
B) thirty days
C) sixty days
D) ninety days
Q2) Which of the following does not fall under a mandatory bargaining subject,considering the various ? rulings on the subject?
A) Hours and terms and conditions of employment
B) Prices of food sold in vending machines in the plant cafeteria
C) Changes in medical insurance coverage of retired former employees
D) Employee discounts, shift differentials, and incentive plans
Q3) Define mass layoffs.
Q4) What does Section 8(d) of the National Labor Relations Act state with respect to duty of bargain?
Q5) Explain the concept of duty to furnish information.
Q6) What are permissive bargaining subjects?
Q7) What are prohibited bargaining subjects?
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Chapter 16: Picketing And Strikes
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Q1) In Local 761,International Union of Electrical Radio & Machineworkers [General Electric] v.NLRB,GE filed a complaint with the NLRB,alleging that the union's picketing at Gate 3-A,used exclusively by the employees of the contractors under _____ of the NLRA.
A) Section 8 (b)(4)(ii)(b)
B) Section 8 (b)(4)(b)
C) Section 7(a)(1)
D) Section 9(c)(1)
Q2) The labor union of Rivet Metal Solutions threatened the employer with negative publicity if management failed to improve their wages and medical benefits.This is a violation of Section 8(b)(4) of the National Labor Relation Act and Rivet Metal Solutions may have remedy in the form of:
A) punitive damages.
B) liquidated damages.
C) a warrant to arrest.
D) an injunction.
Q3) Can any person suffering harm to business or property sue in federal court to recover damages?
Q4) What is primary picketing?
Q5) What is a strike?
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Chapter 17: The Enforcement And Administration Of The Collective Agreement
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Q1) Presidential Cargo Movers Inc.entered into an agreement with its employee union to refrain from layoffs during the recession.Despite the agreement,the company decided to lay off a few of its employees.The union decided to file a complaint against the company for not living up to its obligations under the agreement.The union's action amounts to a(n):
A) in-house trial.
B) jury trial.
C) grievance.
D) arbitration proceedings.
Q2) Define grievance process.
Q3) The bankruptcy court is required to issue its determination on the rejection issue within a period of _____ days after the hearing.
A) thirty
B) forty-five
C) sixty
D) seventy-five
Q4) What are the advantages of arbitration proceedings?
Q5) Discuss the no-strike clause.
Q6) Discuss the applicability of interest arbitration.
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Chapter 18: The Rights Of Union Members
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Q1) In Steele v.Louisville & Nashville R.R.,the petitioner was an African American locomotive fireman and employee of railroad.The Brotherhood,purporting to act as representative of the entire craft of firemen,without informing the African American firemen or giving them opportunity to be heard,served a notice on the Railroad.The notice announced the Brotherhood's desire to amend the existing collective bargaining agreement that exclude all African American firemen from the service.In this case,the court held that non-union members have judicial remedies of:
A) imprisonment.
B) liquidate damages.
C) injunction.
D) arbitration.
Q2) Congress has legislated a union members' "bill of rights" to guarantee that union internal procedures are fair and has prohibited certain practices by unions that interfere with employees' rights under the:
A) Occupational Safety and Health Act.
B) National Labor Relations Act.
C) Sarbanes-Oxley Act.
D) Title VII of Civil Right Act.
Q3) What is meant by exhausting internal remedies?
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Chapter 19: Public Sector Labor Relations
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Q1) A union becomes the exclusive representative of an appropriate unit of employees when it has been selected by a majority of votes cast in a representation election under the:
A) National Labor Relations Act.
B) Fair Labor Standards Act.
C) Labor Management Reporting and Disclosure Act.
D) Federal Service Labor-Management Relations Act.
Q2) Discuss appropriate representation units under the Federal Labor Relations Authority (FLRA).
Q3) Explain briefly the conditions of employment of the Federal Service Labor-Management Relations Act.
Q4) The Federal Service Labor-Management Relations Act (FSLMRA) granted federal employees the right to organize and:
A) issue injunctions.
B) renew employment contracts.
C) bargain collectively.
D) file labor suits.
Q5) How does the Postal Service Reorganization Act influence an impasse?
Q6) Describe the Federal Labor Relations Authority (FLRA).
Q7) Briefly explain the Federal Service Labor-Management Relations Act.
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Chapter 20: Occupational Safety And Health
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Q1) In Tomick v.United Parcel Service,Inc.,the plaintiff claimed he was fired based on:
A) religion.
B) race.
C) disability.
D) national origin.
Q2) When can variance be sought? What are the kinds of variances?
Q3) When it comes to worker violence or threats of violence,employers have adopted the policies of:
A) compensation.
B) zero-tolerance.
C) compromise.
D) feasibility.
Q4) Employees should attempt to have the employer correct the hazardous condition before exercising their:
A) right to strike.
B) bargaining power.
C) discretionary power.
D) right to refuse.
Q5) When should citation be an issue? Can the employer challenge a citation?
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Chapter 21: The employee s safety nets: unemployment
and workers compensation social security and retirement plans
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Q1) The disqualifications of an out-of-work employee include:
A) unemployment.
B) current welfare benefits.
C) willful misconduct.
D) whistleblowing.
Q2) An employee who quits his job under normal conditions is not eligible to apply for:
A) pension benefits.
B) retirement insurance benefits.
C) workers' compensation.
D) unemployment benefits.
Q3) The Federal Employment Liability Act is a federal law designed to protect and compensate the injured:
A) disabled workers.
B) railroad workers.
C) war veterans.
D) minors in employment.
Q4) Explain the concept of a fiduciary.
Q6) When are workers' compensation benefits awarded? Page 24
Q5) Explain the role of the Employee Retirement Income Security Act (ERISA).
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Chapter 22: The fair labor standards act
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Q1) If a worker is one who receives tips from customers,the employer is allowed to reduce the minimum ? wage paid to that worker by up to _____ percent,with the difference to be made up by tips received:
A) 40
B) 45
C) 50
D) 55
Q2) Discuss the provisions regarding child labor under the Fair Labor Standards Act.
Q3) Does the Fair Labor Standards Act (FLSA) prohibit all child labor?
Q4) The Davis-Bacon Act provides that contractors working on government construction projects must pay the prevailing wage rates in the geographic area,as determined by the:
A) NLRB.
B) federal laws.
C) labor contract.
D) secretary of labor.
Q5) Which are the categories of child labor exempted from the category of oppressive child labor under the Fair Labor Standards Act?
Q6) Explain the concept of overtime pay under the FLSA.
26
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