Workplace Law
Midterm Exam
Course Introduction
Workplace Law examines the legal framework governing relationships between employers, employees, and unions in the workplace. The course explores key concepts such as employment contracts, workplace health and safety, anti-discrimination statutes, labor standards, wrongful dismissal, collective bargaining, and dispute resolution. Students will gain practical knowledge of statutory protections, common law developments, and procedural requirements applicable to various employment contexts, preparing them to navigate legal issues and advocate for rights and responsibilities in modern organizational environments.
Recommended Textbook
Employment and Labor Law 7th Edition by Patrick J. Cihon
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22 Chapters
1065 Verified Questions
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Page 2
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Q1) What are the reasons for the decline of the Post-War Organized Labor?
Answer: Several significant issues and trends combined to cause the gradual decline of organized labor in America. Incidents like violation of "gentlemen's agreement" by John L. Lewis, president of the United Mine Workers, with the Roosevelt Administration during WWII. The belief of Critics, that the combined American Federation of Labor/Congress of Industrial Organizations (AFL-CIO) had grown far too powerful. Resistance, by so-called "Red Hunters" as the infamous Senator Joseph McCarthy, to perceived Communist influences in large unions at the advent of Cold War. Similarly, alleged organized-crime ties of other huge unions attracted the attention and wrath of politicians and government.
Q2) What rights does an employee have under Title VII of the Civil Rights Act if he or she faces illegal discrimination at work place?
Answer: Under Title VII, an employee alleging illegal discrimination has the right to file a complaint with the Equal Employment Opportunity Commission (EEOC), for remedy.
Q3) What does the Racketeer Influenced and Corrupt Organizations Act (RICO) state?
Answer: RICO is a federal law designed to criminally penalize those who engage in illegal activities as part of an ongoing criminal organization.
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Page 3
Chapter 2: Employment Contracts and Wrongful Discharge
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Q1) In Pennsylvania, if an employee is fired on the basis of gender or race discrimination, then State law remedy is provided under the Pennsylvania:
A) Occupational Discrimination Act.
B) Human Relation Act.
C) Labor Relation Act.
D) Gender and Race Discrimination Act.
Answer: B
Q2) Courts are reluctant to recognize an alternative remedy if the statute itself provides an employee with a cause of action in the form of a lawsuit for:
A) willful misconduct.
B) negligence.
C) wrongful discharge.
D) tort.
Answer: C
Q3) What is META? Explain the importance of Section 3(a) of META.
Answer: META stands for Model Employment Termination Act and Section 3(a) of META prohibits the employers from terminating the employees from employment without having good reasons.
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4
Chapter 3: Commonly Committed Workplace Torts
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Q1) Employers reinforce their common law rights by:
A) issuing injunctions and suing for damages.
B) requiring employees to sign confidentiality and noncompetition agreements at time of hire.
C) reducing the employees rank, salary, or job title as a punishment.
D) imposing regulations on their Internet usage and other external communication.
Answer: B
Q2) The law recognizes a qualified privilege in all of the following instances except:
A) comments concerning an employee's performance made to a supervisor.
B) comments concerning an employee's performance communicated via company email.
C) an employer discussing an employee's performance with his coworkers over lunch.
D) assessments of an employee, communicated by a former employer to a prospective employer.
Answer: C
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Chapter 4: Employee Privacy Rights in the 21st Century
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Q1) George, an employee of a private sector organization, was put through a genetic test in accordance with the company policies. The company:
A) can choose to inform him about the test.
B) has to receive a written consent from George.
C) needs to submit a written copy to the court regarding the test.
D) cannot request for a genetic test under any circumstance.
Q2) Communications between employers regarding a former/prospective employee typically are protected by:
A) statutory rule.
B) malice.
C) absolute privilege.
D) state rule.
Q3) In which year was the federal Health Insurance Portability and Accountability Act (HIPAA) enacted?
A) 1889
B) 1899
C) 1998
D) 1999
Q4) What is HIPAA?
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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) Who is held responsible for verifying employment eligibility prior to hiring an individual?
A) Labor unions
B) Employers
C) Federal Government
D) State authorities
Q3) The federal statute which provides the cause of action for aggrieved noncitizen residents in the U.S. courts is:
A) National Labor Relations Act.
B) Alien Tort Claims Act.
C) Immigration Reform and Control Act.
D) Torture Victim Protection Act.
Q4) What is the role of the convention of Civil Aspects of International Child Abduction?
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Chapter 6: Title VII of the Civil Rights Act and Race Discrimination
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Q1) A teacher who is required to possess the attribute of "patience," or an executive who is required to possess qualities of "leadership" are being measured based on:
A) content validity.
B) criterion-related validity.
C) construct validity.
D) validity logic.
Q2) Title VII is administered by the:
A) Securities and Exchange Commission.
B) Department of Justice.
C) Supreme Court.
D) Equal Employment Opportunity Commission.
Q3) Explain the four-fifths rule.
Q4) What were the two amendments added to Title VII in 1991?
Q5) In University and Community College System of Nevada v. Farmer, in order to remedy the racial imbalance, the University of Nevada instituted the:
A) minority bonus policy.
B) Wonderlic Personnel Test.
C) Bennett Comprehension Test.
D) Negative Role Model policy.
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Chapter 7: Gender and Family Issues: Title VII and Other Legislation
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Q1) What is Bona Fide Occupational Qualification?
Q2) In Laffey v. Northwest Airlines, Laffey filed a class action suit against NWA, claiming that the refusal to hire females as pursers violated Title VII and that the differential pay scale and allowances for male pursers and female attendants violated Title VII and the:
A) Equal Pay Act.
B) Sarbanes-Oxley Act.
C) National Labor Relation Act.
D) Gender Discrimination Act.
Q3) Samantha worked as an ocean lifeguard for the Marine Safety Section of the Parks and Recreation Department. Her immediate supervisor was Bruce. Bruce repeatedly touched Samantha without invitation and passed sexual comments on her. In this case, Samantha has a legal remedy in the form of:
A) injunction.
B) imprisonment.
C) liquidated damages.
D) specific performance.
Q4) Define the Bennett Amendment.
Q5) Explain the provision of the Equal Pay Act.
Q6) What is gender discrimination?
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Chapter 8: Discrimination Based on Religion and National
Origin Procedures Under Title VII
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Q1) Section 702(a) provides an exception under Title VII to all:
A) religious associations.
B) non-profit institutes.
C) corporate houses.
D) international organizations.
Q2) The EEOC enforces __________ prohibiting employment discrimination.
A) state laws
B) regional laws
C) community laws
D) federal laws
Q3) Title VII was amended in 1972 to cover:
A) judicial organizations.
B) federal employers.
C) employees of the state and federal employers.
D) employees of state and local employers.
Q4) 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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Questions
Q1) If the waivers are part of a termination incentive program offered to a group or class of employees, the employer must give the employees _____________ to consider the waiver.
A) forty-five days
B) seven days
C) ten days
D) twenty-one days
Q2) The complaint of an alleged ADEA violation must be filed with the Equal Employment Opportunity Commission within:
A) 60 days.
B) 180 days.
C) 190 days.
D) 300 days.
Q3) What are the provisions of the Age Discrimination in Employment Act?
Q4) What are the exemptions and defenses available for employers when a plaintiff establishes a prima facie case of age discrimination?
Q5) How is the Age Discrimination in Employment Act enforced and administered?
Q6) What is the procedure by which a federal employee can file the complaint of alleged violation under ADEA?
Page 11
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Chapter 10: Discrimination Based on Disability
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Q1) How is "disability" defined under the ADA?
Q2) Define "undue hardship".
Q3) Explain the term "qualified individual with a disability."
Q4) In Severino v. North Fort Meyers Fire Control Dist., it was held that a firefighter who was HIV-positive was reasonably accommodated under the Rehabilitation Act by being reassigned to light duties because the medical evidence indicated a risk of transmission of his disease to others during:
A) communication with others.
B) rescue operations.
C) training.
D) meal times.
Q5) What is the Rehabilitation Act? Explain it provisions.
Q6) An individual must first file an ADA complaint with a state or local agency, where appropriate, and then with the:
A) EEOC.
B) OSHA.
C) NLRB.
D) U. S. Supreme Court.
Q7) What is the procedure to claim remedies under the ADA?
Page 12
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Chapter 11: Other Eeo and Employment Legislation: Federal and
State Laws
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Q1) The federal and state legislation generally prohibits employers from requiring employees to take:
A) honesty tests.
B) polygraph tests.
C) psychometric tests.
D) physical fitness tests.
Q2) What are the remedies provided under civil whistleblower's provisions by the Department of Labor?
Q3) Which one of the following Sections states that "For the purposes of this section, the term "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship?
A) Section 1971 of the Sarbanes-Oxley Act of 2002
B) Section 1981 of the Rehabilitation Act
C) Section 1981 (a) the National Labor Relations Act
D) Section 1981 (b) of the Civil Rights Act of 1991
Q4) Name a few instances in which the employers conduct criminal record background checks on applicants.
Q5) What are the exceptions under EPPA to allow polygraph testing?
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
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Q1) The _____ emphasized political activity as well as organizing activity and had spectacular success in organizing the workers of the steel, automobile, rubber, electrical, manufacturing, and machinery industries.
A) Congress of Industrial Organizations (CIO)
B) American Federation of Labor (AFL)
C) Change to Win Coalition
D) International Brotherhood of Teamsters
Q2) Section 20 of the Clayton Act restricted the:
A) issuance of labor injunctions.
B) issuance of ex parte orders.
C) yellow-dog contracts.
D) filing of interlocutory applications.
Q3) 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
Q4) What is a labor injunction?
Page 14
Q5) What is the extent of jurisdiction of the NLRB?
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Chapter 13: The Unionization Process
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Q1) The National Labor Relations Board (NLRB) recently adopted a new rule regarding situations where the employer has voluntarily recognized a union, that is, where no recognition election has been held. In Dana Corp., the Board held that employees and rival unions have _____ to challenge the voluntary recognition of a union.
A) seven days
B) two weeks
C) forty-five days
D) three months
Q2) In American Hospital Association v. NLRB, the U.S. Supreme Court upheld the NLRB's health care industry bargaining unit rules and the power of the NLRB in order to establish:
A) prima facie case through disparate impact treatment.
B) bargaining units through its rule-making authority.
C) trade union through its discretionary power.
D) hiring hall through its mandatory power.
Q3) What happens if the union loses the election due to employer's illegal actions?
Q4) While determining the bargaining agent, on what grounds the can the Board decision be appealed in Washington?
Q5) What is bargaining unit?
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Chapter 14: Unfair Labor Practices by Employers and Unions
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Q1) In NLRB v. City Disposal Systems, the Court of Appeals concluded that the Brown's refusal was not a(n) _____ according to Section 7 of the NLRA.
A) concerted activity
B) protected activity
C) unfair labor practice
D) unlawful activity
Q2) What are antiunion remarks?
Q3) The union at Westinghouse Machine Tools has been successfully representing the employees of the 110-year old company. Recently, one of the employees petitioned against the union, claiming that she and a few other employees were ignored in the union meetings and that they were discriminated against because they were African American. Which section of the NLRA did the union violate in this case?
A) Section 9(C)(3)
B) Section 8(b)(3)
C) Section 8(b)(1)(A)
D) Section 2(11)
Q4) Which section of National Labor Relations Act speaks about the rights of employees?
Q5) Which act defines unfair labor practices?
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Chapter 15: Collective Bargaining
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Q1) Section 8(a)(5) requires that the employer bargain with a union that is the representative of its ? employees according to _____.
A) Section 9(a)
B) Section 8(d)
C) Section 8(a)
D) Section 704(a)
Q2) In _____, the Supreme Court held that an employer that pleads inability to pay in response to union ? demands in order to support his claim must provide some financial information.
A) NLRB v. Plymouth Stamping Division, Eltec Corp.
B) NLRB v. Truitt Mfg
C) Nurse Services of Western Massachusetts, Inc. v. NLRB
D) H. K. Porter Co. v. NLRB
Q3) According to Section 8(d), failure to _____, may make any strike by the union or lockout by the ? employer an unfair labor practice.
A) give prior bargaining notice
B) register under the NLRB
C) recognize the bargaining unit
D) prove two-thirds majority
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Page 17
Chapter 16: Picketing and Strikes
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Q1) _____ requires that the Board seek an injunction against the picketing when a complaint alleging a violation of Section 8(b)(4)(D) is filed.
A) Section 7(a)
B) Section 9(a)
C) Section 10(l)
D) Section 8(a)(4)
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) Peaceful picketing is protected activity under the:
A) Occupational Safety and Health Act.
B) American Federation for Labor.
C) U. S. Constitution.
D) National Labor Relation Act.
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Page 18
Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) In Textile Workers Union of America v. Lincoln Mills of Alabama, the Court noted that the _____, which restricts federal courts issuing injunctions in labor disputes, does not apply to suits seeking to order arbitration under Section 301.
A) Norris-La Guardia Act
B) Fair Labor Standards Act
C) National Labor Relations Act
D) Sherman Antitrust Act
Q2) Section 1114 of the Bankruptcy Code requires that the bankrupt employer make a proposal for modification to the representative of the:
A) replaced employees.
B) NLRB.
C) retirees.
D) new employees.
Q3) Discuss the no-strike clause.
Q4) Who can file grievances under the collective agreement?
Q5) Under which Section of the National Labor Relations Act are an employer and the union labor allowed to institute a suit for contractual violations?
Page 19
Q6) Discuss the applicability of interest arbitration.
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Chapter 18: The Rights of Union Members
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Q1) For an employee union, which of the following constitutes a breach of its duty of fair representation?
A) Refusal to arbitrate the employee's grievance
B) Trade-offs made in fashioning contract proposals
C) Negligence in conducting safety inspections
D) Failure to follow hiring hall rules
Q2) Some union constitutions provide for review of complaints of alleged mistreatment of union members by the:
A) employers.
B) union leaders.
C) individual employee.
D) government.
Q3) How is the duty of fair representation enforced?
Q4) If a breach of the duty of fair representation involves claims of discrimination based on race, sex, religion, or national origin, the affected employees may also have legal remedies under:
A) the Occupational Safety and Health Act.
B) the National Labor Relations Act.
C) Title VII of the Civil Right Act.
D) Labor-Management Reporting and Disclosure Act.
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Chapter 19: Public Sector Labor Relations
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Q1) The decisions of Federal Labor Relations Authority are subject to judicial review by:
A) the federal courts of appeals.
B) federal district courts.
C) the NLRB.
D) the Employment Relations Commission.
Q2) The Federal Service Labor-Management Relations Act provides that union dues may be deducted from an employee's pay only if authorized by the:
A) company.
B) employee.
C) NLRA.
D) arbitrator.
Q3) What does the Hatch Act prohibit?
Q4) The Lloyd-La Follette Act of 1912 gave _____ the right to join unions.
A) postal workers
B) paramedicals
C) paralegals
D) rail road workers.
Q5) Discuss appropriate representation units under the Federal Labor Relations Authority (FLRA).
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Chapter 20: Occupational Safety and Health
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Q1) When a de minimis citation and proposed penalty are contested, the employer has an absolute defense to the citation if it can prove that:
A) compliance to the standard is impossible.
B) employees are not required to handle the hazardous/faulty technology.
C) the employment contract had explicitly cited the hazards present.
D) medical benefits cover the risk posed.
Q2) Can an OSHA inspection officer enter into any premises?
Q3) Which of the following is not true regarding OSHA's authority regarding feasibility of standards?
A) OSHA grants the Secretary authority to issue standards dealing with toxic materials or harmful physical agents.
B) OSHA cannot force an industry to develop and diffuse new technology to satisfy precise permissible exposure limits.
C) The standard also must satisfy the requirement of economic feasibility.
D) OSHA can present substantial evidence showing that companies acting vigorously and in good faith can develop the technology.
Q4) Under which law or laws are illegal immigrant workers in the United States protected?
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Page 22
Chapter 21: The Employee's Safety Nets: Unemployment
and Workers' Compensation, Social Security, and Retirement Plans
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Q1) Which of the following is not true of unemployment claims litigations?
A) Unemployment compensation litigation usually starts with a terminated worker's application for benefits.
B) The unemployment claim is usually evaluated in the first instance by an unemployment office or agency in the area where the worker resides.
C) Regardless of whether the decision is favorable or unfavorable, an appeal is not possible.
D) Unemployment benefits are paid for by a tax on the wages of the workers and an equal levy on the employer's total payroll.
Q2) What are the two types of benefit plans established under the Employee Retirement Income Security Act (ERISA)?
Q3) What can disqualify an out-of-work worker from receiving unemployment compensation?
Q4) Explain the role of the Employee Retirement Income Security Act (ERISA).
Q5) Explain the concept of litigating unemployment claims.
Q6) Explain the concept of a fiduciary.
Q7) Define unemployment compensation. Page 23
Q8) When are workers' compensation benefits awarded?
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Page 24
Chapter 22: The Fair Labor Standards Act
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Q1) Which of the following Acts is not aimed at restricting or regulating child labor?
A) The National Industrial Recovery Act
B) The Walsh-Healy Act
C) The Fair Labor Standards Act
D) Age Discrimination and Employment Act
Q2) In case of an FLSA violation, employees may file suit to recover back wages and overtime plus liquidated damages:
A) for an equal amount.
B) at half the amount.
C) at double the amount.
D) at one-and-half times the amount.
Q3) Which of the following industries is mostly covered by State laws, as opposed to federal regulation?
A) TV and radio broadcasting
B) Airline travel
C) Pension and benefits regulation
D) Insurance and banking
Q4) Discuss the provisions regarding child labor under the Fair Labor Standards Act.
Q5) Explain the term "workweek".
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