Workplace Law
Mock Exam
Course Introduction
Workplace Law examines the legal framework governing employment relationships, focusing on the rights and responsibilities of employers and employees within the workplace. The course explores key topics such as employment contracts, workplace health and safety, discrimination, termination procedures, and labor relations. Students will analyze relevant statutes, regulations, and case law to understand how workplace disputes are resolved and how legal principles protect both employers and workers. Practical scenarios and case studies are used to illustrate the application of legal concepts in real-world workplace settings.
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) The Rehabilitation Act of 1973 applies to government contractors that maintain contracts with the federal government in excess of $10,000 annually.
A)True
B)False
Answer: True
Q2) Under the theory of inevitable disclosure,courts:
A) allow an employee to disclose trade secrets of his former employer to a customer.
B) prohibit a former employee from working for an employer's competitor if the employer can show that there is imminent threat that a trade secret will be shared.
C) protect government-owned corporations against the practice of whistle blowing.
D) require publicly-traded companies to publish all their financial activities at the end of every financial quarter to protect the investors' interests.
Answer: B
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Chapter 2: The Employment Law Toolkit: Resources for
Understanding the Law and Recurring Legal Concepts
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Sample Questions
Q1) In a disparate treatment case,the plaintiff must be able to demonstrate that the employer had an "evil" intent to discriminate.
A)True
B)False
Answer: False
Q2) 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
Q3) At the federal level,a trial court is called a U.S.Circuit Court.
A)True
B)False
Answer: False
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Chapter 3: Title Vii of the Civil Rights Act of 1964
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Q1) Catherine,a U.S.citizen,was employed with Blue Mica Inc.in its London office.Blue Mica Inc.is a Delaware-based corporation with its principle place of business in New York.Catherine was recently laid off,and she believes she was a victim of gender discrimination.In this scenario,Catherine:
A) has no recourse because she was not working in the United States when she was laid off.
B) has no recourse because employment discrimination laws do not apply to layoffs.
C) has the right to file a discrimination claim against her former employer pursuant to Title VII of the Civil Rights Act of 1964.
D) has the right to file a discrimination claim against her former employer pursuant to the Rehabilitation Act of 1973.
Answer: C
Q2) If an employee files a claim with a 706 agency versus the EEOC,the employee:
A) has 300 days, rather than 180 days, to file the claim.
B) must be represented by an attorney since it is a more formal process.
C) must meet a higher burden of proof than is required by the EEOC.
D) probably has a less serious claim.
Answer: A
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Chapter 4: Legal Construction of the Employment Environment
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Q1) The Eating Club,a five-star restaurant,advertises a job in the local newspaper as "Waiters needed.Experience required.Must look good in tuxedo." Ella has had experience working for a five-star restaurant and believes that she will look good in a tuxedo.However,when she applies for the job,she is rejected.Which of the following is true in this scenario?
A) Ella has no basis for a cause of action against The Eating Club as Title VII of the Civil Rights Act does not cover discrimination in recruitment or hiring practices.
B) Ella has a cause of action against The Eating Club as the advertisement contains language that indicates a preference based on sex.
C) Ella has no basis for a cause of action against The Eating Club because it is a private company.
D) Ella has a cause of action against The Eating Club for imposing restrictions that are not job related.
Q2) 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.
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Chapter 5: Affirmative Action
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Sample Questions
Q1) Describe some actions an employer can take to make an effort to include those historically underrepresented in the workplace.
Q2) Affirmative action is a present-day remedy for discrimination that occurred in the past.
A)True
B)False
Q3) Derek,an employee at Ferns Tech Inc.,filed a lawsuit against his employer.He claimed that after the introduction of an affirmative action plan at the workplace,his employer mostly promoted female employees,even if they were less qualified for the job.This may be an example of ________.
A) social loafing
B) positive displacement
C) stereotyping
D) reverse discrimination
Q4) As a part of an OFCCP audit,a contractor must demonstrate:
A) removed any identified barriers to equal employment opportunity.
B) expanded employment opportunities for underrepresented applicants.
C) produced measurable results.
D) All of the answers are correct.
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Chapter 6: Race and Color Discrimination
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Q1) Actions for racial harassment can be brought under each of the following statutes,except:
A) post-Civil War statutes.
B) Jim Crow laws.
C) state human rights or fair employment practice laws.
D) Constitutional provisions.
Q2) Zhu is the owner of Orchid Cleaning and Housekeeping Services.He never hires or promotes a black applicant to the position of supervisor because he believes that his predominantly Asian crew will not follow instructions from a black supervisor.Thus,Zhu is liable for:
A) reverse discrimination against an individual because of others' perceptions about the individual.
B) disparate treatment, and he cannot use the bona fide occupational qualification defense to protect himself.
C) constructive discharge, but he can use the business necessity defense to protect himself.
D) employment discrimination against an individual because of his or her association with someone of a particular race.
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Chapter 7: National Origin Discrimination
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Q1) The Equal Employment Opportunity Commission (EEOC)is charged with combating civil rights violations against Arab,Sikh,and South-Asian Americans,as well as those who are perceived to be members of those groups.
A)True
B)False
Q2) An employer who enters into a contract with a government agency has an affirmative obligation to ensure that Asians are hired and retained without regard to their religion or national origin based on the Guidelines on Discrimination Because of Religion or National Origin.
A)True
B)False
Q3) 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.
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Page 9
Chapter 8: Gender Discrimination
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Sample Questions
Q1) Which of the following is NOT true about the gap in pay between women and men?
A) The pay gap between the genders has nearly closed. Although there are some discrepancies, for the most part men and women make equal pay for equal work.
B) The Equal Pay Act pre-dates Title VII and was designed to close the gap in wages between men and women to achieve equality.
C) Title VII and its predecessors continue to work on the issue of equal pay for equal work, however the gap still exists and will for some time.
D) Gender may not be the basis for paying lower wages to an employee for equal work, however differences based on quality or quantity of production, seniority or merit systems, or any other criteria that is not gender based may be permissible.
Q2) Fetal protection policies are designed to protect pregnant employees or their fetuses.They do not provide protection for men,even where a man may be adversely impacted by the same condition.
A)True
B)False
Q3) 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) Red Ink Systems wants to develop a zero tolerance policy on sexual harassment.The company's policy should include a provision to:
A) relocate a sexual harassment claimant to a different office.
B) limit training about sexual harassment to lower-level management.
C) terminate any employee accused of sexual harassment without wasting time on investigation.
D) investigate all sexual harassment claims and circulate information only on a need-to-know basis.
Q2) The intent of sexual harassment law is to make the workplace totally devoid of sexuality.
A)True
B)False
Q3) In evaluating a claim of sexual harassment made by a woman,the standard used by the courts to determine whether the harassment was sufficiently severe and pervasive,is:
A) A reasonable man standard.
B) The victim's perspective.
C) A reasonable woman or reasonable victim standard.
D) A neutral standard developed by the Court in Bates v. Wineaker.
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Chapter 10: Sexual Orientation and Gender Identity Discrimination
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Q1) How will the Employment Nondiscrimination Act (ENDA)affect Title VII of the Civil Rights Act of 1964 if enacted?
A) It will extend Title VII's coverage to include discrimination on the basis of sexual orientation and gender identity.
B) It will make gender reassignment surgery illegal under Title VII.
C) It will omit same-gender sexual harassment from Title VII's protection.
D) It will provide employers with greater flexibility in making workplace policies and decisions related to LGBT employees.
Q2) The law relating to sexual orientation is evolving and somewhat complex due in part to its exclusion from Title VII (of the Civil Rights Act of 1964)protections.What steps should a manager take to ensure that his or her company avoids potential discrimination claims based on sexual orientation in light of the laws that do protect homosexuals from discrimination?
Q3) Discuss what gender identity is and how it came to be protected under Title VII of the Civil Rights Act of 1964.
Q4) Describe the legal protections available to LGBT individuals against employment discrimination on the basis of their sexual orientation.
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Chapter 11: Religious Discrimination
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Sample Questions
Q1) C-Thru,a replacement window company,has strict employee requirements including: be on time for work; take breaks only when specified by your supervisor; follow a dress code including black or khaki pants and a navy blue polo shirt; women must wear natural make-up or no make-up and men must be clean-shaven.Sara,a five-year employee of C-Thru,reports to work one day in full make-up.When confronted by her supervisor over this apparent violation of company policy,Sara explains that she has a new religious belief that requires her to wear full make-up.What should C-Thru do in response?
A) C-Thru should make a reasonable accommodation for Sara based on her statement that she must wear full make-up for religious reasons.
B) C-Thru should make sure that Sara's belief is sincerely held, but under no circumstances challenge the belief.
C) C-Thru should challenge Sara's belief because, after all, she's worked there for more than five years and has never had a problem with this policy before.
D) C-Thru should discipline Sara for violating one of the workplace rules. Sara should have discussed the matter with her supervisor before coming to work in full make-up.
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13
Chapter 12: Age Discrimination
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Sample Questions
Q1) A(n)________ is the intentional relinquishment of a known right.
A) burden shift
B) equitable relief
C) waiver
D) pretext
Q2) The Age Discrimination in Employment Act (ADEA)covers employees between the ages of 40 and 85.
A)True
B)False
Q3) To establish a prima facie case of discrimination under the ADEA,an employee must be able to show that they are a member of the protected class.This is a simple showing that he or she is at least age 40.
A)True
B)False
Q4) What method must an employee filing an action against his or her employer under the Age Discrimination in Employment Act utilize to prove age discrimination? List the elements that must be established by an employee to persuade the court that she or he has a claim for age discrimination.
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Chapter 13: Disability Discrimination
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Sample Questions
Q1) The United States is the only country that recognizes the need for legislation to ensure that people with disabilities are not subjected to discriminatory treatment in the workplace.
A)True
B)False
Q2) When dealing with workplace accidents or injury,the failure to meet the appropriate standard of care for avoiding unreasonable risk of harm to others is known as
A) negligence
B) nuisance
C) assault
D) battery
Q3) Which of the following is NOT a component of the ADA definition of intellectual disability:
A) disability that originated before the age of 18
B) significant limitations in adaptive skill areas
C) disability that originated pre-employment
D) IQ of below 70-75
Q4) Describe the regulations that protect disabled employees from discrimination in the workplace.
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Chapter 14: The Employees Right to Privacy and Management of Personal Information
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Sample Questions
Q1) ________ refers to defamation in a written document.
A) Libel
B) Waiver
C) Slander
D) Breach
Q2) Which of the following statements is true of the USA PATRIOT Act?
A) It gives the federal government the power to monitor Internet usage by any American citizen if the information sought is relevant to an ongoing criminal investigation.
B) It makes it illegal for the government to intercept oral communications relating to terrorism as this would infringe upon the Privacy Act of 1974.
C) It allows employers to collect and sell employee data to third parties as long as it is for the purpose of market research.
D) It grants access to sensitive data with only a judicial warrant rather than a court order.
Q3) Describe what constitutes a "search" under the Fourth Amendment's protection against unreasonable search and seizure.
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16
Chapter 15: Labor Law
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Sample Questions
Q1) The Taft-Hartley Act establishes unfair labor practices on the union side.
A)True
B)False
Q2) Union representatives of the Uptown Bakery make a formal request to management for a meeting to discuss wage increases,health care benefits,holiday pay,the amount of union dues,and the frequency of union elections.Management rejects the request outright but raises wages by 2 percent for all employees.Discuss management's actions under the National Labor Relations Act.
Q3) Which of the following represents a valid union shop clause?
A) employment may not be conditioned on union membership
B) individuals must join the union immediately upon employment
C) individuals must attend and listen to a union "pitch" for membership
D) individuals are required to join the union no more than 60 days after becoming employed
Q4) The Landrum Griffin Act of 1959 includes provisions designed to safeguard union funds.
A)True
B)False
Q5) Describe the purpose and the basic provisions of the Landrum-Griffin Act of 1959.
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Chapter 16: Selected Employment Benefits and Protections
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Q1) If an employer operates in a number of different states,it is subject to the federal minimum wage law and not the state laws.
A)True
B)False
Q2) What are the fiduciary standards established by the Employee Retirement Income Security Act (ERISA)?
Q3) Audrey,who has been diagnosed with multiple cysts in her kidney,has to undergo surgery.Two months after the diagnosis,she began employment with Mobile Chef,which has a three-month waiting period before new employees can enroll in its medical insurance plan.If Audrey enrolls in the insurance plan on the earliest date,she will be:
A) eligible because employers are prohibited from excluding employees from insurance coverage due to preexisting medical conditions.
B) ineligible because any employee should have been employed for at least five years with a company to claim benefits under his or her insurance plan.
C) eligible only if she can show that her medical condition is related to work.
D) ineligible because her medical condition was not diagnosed during the course of her employment with Mobile Chef
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Page 18