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HRM 510 Final Exam

HRM 510 Week 11 Final Exam – Strayer

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Chapters 8 Through 19

CHAPTER 8 AFFIRMATIVE ACTION
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Affirmative action is:
a. a quota system for minorities to overcome past discrimination
b. illegal
c. legal only if court ordered
d. none of these

2. Executive Order 11246 requires:
a. compliance with all other Executive Orders
b. inclusion of an anti-discrimination clause in a contractor’s contract
c. that publicly-traded companies hire women and persons of color
d. none of these

3. If the parties to a discrimination suit agree to settle, they may enter into:
a. a long term supplier contract
b. a court battle
c. conciliation services
d. a consent decree

4. Regarding “reverse” discrimination, it is correct to say that:
a. It is a controversial subject.
b. Usually a white person believes he was passed over because of affirmative action.
c. It has been the subject of lawsuits.
d. All of these

5. According to the EEOC guidelines, a good Affirmative Action Plan requires all of these EXCEPT:
a. a reasonable basis for concluding that action is appropriate
b. a reasonable self-analysis
c. reasonable action
d. a reasonable review of applicant files

6. Match each term to its correct definition.

Affirmative action a management tool designed to ensure equal employment opportunity
Strict scrutiny the most stringent form of judicial review of government actions
Self-analysis analyzing one’s workforce and identifying problem areas
Compelling governmental interest an abiding interest which stands as a defense to a constitutional challenge
Underutilization this is demonstrated when the percentage of women and minorities in the employer’s workforce is less than the percentage of such persons with the necessary skills for the job

CHAPTER 8
AFFIRMATIVE ACTION
MULTIPLE CHOICE QUESTIONS

1. When individual job titles are listed for each department in order of pay level and demographic information is provided for each job, this is called a/an:
a. workforce analysis
b. organizational profile
c. job group analysis
d. organizational display

2. Affirmative action:
a. is primarily applied to hiring decisions
b. is limited to African-Americans and women
c. includes any formal or informal efforts to improve the employment opportunities of African-Americans and women
d. all of the above
e. none of the above

3. Written affirmative action plans, submitted to the OFCCP, are required of contractors or
subcontractors:
a. with 10 employees and $10,000 in federal contracts
b. with 25 employees and $25,000 in federal contracts
c. with 50 employees and $50,000 in federal contracts
d. with 100 employees and $100,000 in federal contracts
e. none of the above, all companies doing federal contract work must have written affirmative action plan that is submitted to the OFCCP

4. Which of the following is a law requiring certain employers to engage in affirmative action?
a. Title VII of the Civil Rights Act
b. The Rehabilitation Act
c. California’s Proposition 209
d. all of the above
e. none of the above

5. Which of the following is not considered to be a reasonable part of a valid affirmative
action plan?
a. all employment test scores are validated
b. a stated plan to hire a particular number of black, white, male, female…etc. employees in order to remedy an existing imbalance or injustice
c. wide communication of job availability
d. active enforcement of anti-discrimination policies
e. active enforcement of anti-harassment policies

6. Consent decrees:
a. sometimes require affirmative action as a part of the settlement in a discrimination case
b. are issued by judges after a jury verdict following a lawsuit
c. require employers to agree to hire specified numbers of women and/or persons of color
d. all of the above
e. none of the above

7. In Johnson v. Transportation Agency, Santa Clara County, a female employee was promoted to the position of road dispatcher, despite the fact that a male candidate had scored two points higher on an interview. The county had an affirmative action plan and the plan was taken into account in making the promotion decision. The Supreme Court ruled that:
a. the employer did not violate Title VII because it had an affirmative action plan requiring it to hire a woman for the position
b. the employer did not violate Title VII because it had an affirmative action plan that addressed the proven underutilization of women in a moderate, flexible way
c. the employer violated Title VII because, despite its affirmative action plan, it was not free to hire a less qualified candidate because of her sex
d. the employer violated Title VII because there was no evidence of underutilization of women in the county workforce, requiring affirmative action
e. none of the above

8. A school district had to decide which of two equally qualified, equally senior employees to lay off. Invoking its affirmative action plan, the district retained an African-American and laid off the white teacher. The court would rule that:
a. Title VII was violated because there was no evidence that African-Americans were underutilized as teachers and affirmative action cannot be used to make layoff decisions
b. Title VII was violated because diversity is not a compelling government interest necessitating consideration of race
c. Title VII was not violated because using race as a “tie-breaker” is a lawful form of affirmative action
d. Title VII was not violated because the school district demonstrated that the layoff was the only way to maintain a faculty that reflected the racial composition of the student body
e. Title VII was not violated because the layoff was only temporary and did not excessively burden the white teacher

9. To survive a constitutional challenge, a public employer’s affirmative action plan that uses racial preferences must:
a. explain why the racial inequities occurred
b. be permanently implemented
c. be narrowly tailored
d. be approved by Congress
e. all of the above

10. In order to prove that underutilization exists, it must be shown:
a. by the four-fifths rule, that women or persons of color are disproportionately absent from a position
b. that women or persons of color are underrepresented in the employer’s workforce relative to their availability in the relevant labor market
c. that intentional discrimination is the reason that women and persons of color are not adequately represented in the employer’s workforce
d. all of the above
e. none of the above

11. Vietnam era veterans are included as a protected group under affirmative action:
a. when employers enter into federal contracts or subcontracts worth $10,000 or more
b. when employers enter into federal contracts or subcontracts worth $25,000 or more
c. when employers enter into federal contracts or subcontracts worth $50,000 or more
d. automatically in any federal contract regardless of size

12. In Lomack v. City of Newark, the newly elected mayor decided to eliminate all single-race fire companies to improve morale. Dozens of firefighers were involuntarily transferred based on their race, and several sued, alleging a violation of Title VII. At the time, the city was operating under a consent decree requiring that it undertake certain measures to hire minority firefighters. What did the court decide, and what was its reasoning?
a. because of the consent decree, the city was compelled to diversify its fire companies, so the transfers complied with affirmative action, and did not violate Title VII
b. because its overall goal was to treat all firefighters equally, the transfers did not violate Title VII
c. even though the consent decree required certain affirmative steps to hire minority firefighters, it was permissible under Title VII
d. the decisions to transfer were based on race, in violation of Title VII, and the consent decree did not require or condone such transfers

13. In Reilly v. TXU Corp, an employee sought promotion to manager. Requirements for the job included a graduate business degree and 5 to 7 years of sourcing-related experience. The employee met the requirements, and received the highest score on a panel interview. Shortly after, the promoting manager received an inquiry from an African American woman. The HR Department determined that the woman was qualified, even though she did not have 5 years of sourcing experience. She received the promotion, and the employee sued. Which of the following statements is true?
a. the African-American woman was qualified, and met the requirements for the position
b. the hiring manager’s decision may have been influenced by the fact that she was in charge of the firm’s diversity program, but had no minority employees working for her
c. the employee and the African-American woman scored similarly on the interview
d. all of the above
e. none of the above
f. b and c only

14. Your company sells office supplies, and your CEO has finally succeeded in acquiring a contract to provide supplies to the federal government for the next year. This is a huge client for your company, worth in excess of $3 million dollars. Aside from increasing purchasing and production, what does your company need to do?
a. agree to hire a certain percentage of persons of color and women before the contract takes effect
b. prepare an affirmative action plan
c. not discriminate in your workplace
d. all of these
e. b and c

15. Court-imposed affirmative action is:
a. common
b. uncommon
c. non-existent; all affirmative action is voluntary
d. none of these

16. “Reverse” discrimination means:
a. establishing quotas for the hiring of women and persons of color
b. disparate treatment
c. disparate impact
d. none of these

17. Your firm’s contract to sell office supplies to the federal government requires that you hire only subcontractors who agree not to discriminate, and include a nondiscrimination clause in their contracts with you. You’ve done a thorough investigation of the firms out there who could fulfill your needs for particular office supplies, and there is one who is significantly less expensive than all of the others. However, that firm has a well-known reputation for discriminating against African-Americans. Your profit margin is already quite small for this project, and you worry about making any money at all. Which of the following is/are acceptable option(s), and why?
a. hire the firm that’s cheaper, even though they discriminate, because they’ll agree to put the clause in their contract, and that’s all you need; besides, you can’t afford to lose the government business
b. don’t hire the firm that’s cheaper, because it would disqualify your firm from the government contract if the government found out
c. talk to the firm that’s cheaper, and try to persuade them to actually comply with a non-discrimination standard; then monitor the situation to ensure that they do, because its in both your interests
d. negotiate with other, non-discriminating suppliers on their prices to see if you can match the price of the discriminating supplier
e. b, c and d

18. Your friend and former college roommate, David, has just been hired to manage a small, family-owned business because the owner has fallen ill, and none of his children are yet ready to assume leadership of the business. David has hiring and firing authority (except for the owner’s children), and wants to expand and diversify the sales staff, by hiring women and persons of color. There are 3 openings. What would be your best advice to him to accomplish his goals?
a. David should hire the only qualified women and/or persons of color, in order to achieve diversity
b. David should prepare an affirmative action plan, after doing a self-analysis which establishes an underutilization of women and persons of color in the relevant labor market, and then advertise the open positions
c. David should hire the first qualified candidates he finds, regardless of gender or race
d. none of these would be good advice

19. Affirmative action may be used on behalf of all of the following groups EXCEPT:
a. African-Americans
b. women
c. Pacific Islanders
d. disabled persons
e. none; affirmative action may be used for all of these groups

20. Regarding Affirmative Action plans, which of the following is true?
a. it may be used to remedy a “manifest imbalance”
b. the imbalance must meet the four-fifths rule
c. the imbalance must have resulted from past discrimination
d. all of these are true

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Federal contractors and sub-contractors with at least 50 employees and contracts worth at least $50,000 must develop written affirmative action plans addressing employment of women and minorities and submit them to the OFCCP within 120 days of their contracts commencing.

.

b. Employers wishing to consider protected class characteristics in order to enhance the utilization of women and persons of color must have valid affirmative action plans in place.

c. Employers should maximize the use of improvements in recruitment, selection, training, development, and organizational climate before considering hiring and promotion preferences.

d. Affirmative action must never be used as a basis for making discipline and termination decisions.

e. All affirmative action plans should include the results of a reasonable self-study, an analysis of underutilization establishing the basis for affirmative action, and reasonable actions to improve the utilization of women and persons of color.

2. There is a perception among some that affirmative action results in quotas and reverse discrimination. Discuss the justification for affirmative action and whether affirmative action indeed results in quotas and reverse discrimination.

CHAPTER 9 HARASSMENT
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Regarding harassment, which of the following statements is true?
a. Sexual harassment is the only kind of harassment.
b. Sexual harassment is the most common type of harassment.
c. The liability of the employer is the same no matter the type of harassment.
d. b and c

2. The necessary elements to establish a claim of harassment include all of the following EXCEPT:
a. The harassment was based on a protected class characteristic.
b. The harassment resulted in tangible employment action or created a hostile environment.
c. The harassment was welcome.
d. All of these are necessary elements of the claim.

3. Hostile environment claims can result from:
a. verbal conduct
b. physical conduct
c. displays of images
d. all of these

4. Employer liability for harassment may be avoided if:
a. The harassment resulted in a tangible employment action.
b. The employer took reasonable care to prevent and correct harassment.
c. The employee did not take advantage of corrective opportunities.
d. b and c

5. An employer’s remedies for a claim of harassment may include all of these EXCEPT:
a. immediate temporary action on receipt of a complaint of harassment
b. long-term remedial measures depending on the outcome of the investigation
c. a fair investigation, not one with a pre-determined outcome
d. a transfer of the harassed employee

6. Match each term to its correct definition.

severe or pervasive a hostile environment created by a serious one-time event or a frequent, continuing series of events at work
unwelcome not solicited or provoked
hostile environment this interferes with a person’s work performance
vicarious liability pursuant to this principle, the employer is liable for the acts of a harassing employee
investigation an examination of the circumstances surrounding events described in an harassment complaint

CHAPTER 9
HARASSMENT

MULTIPLE CHOICE QUESTIONS

1. Which of the following is true of harassment?
a. almost all harassment cases involve sexual harassment
b. harassment is legally actionable because it is a form of discrimination
c. harassment claims are rarely brought by men
d. a and b
e. all of the above

2. Which of the following is a necessary element of a sexual harassment claim?
a. the harasser intended to inflict emotional distress and embarrassment on the victim
b. the sex of the harasser differed from the sex of the victim
c. the harassment was unwelcome
d. the harasser made a sexual advance or requested a sexual favor
e. all of the above

3. In the case of “equal opportunity harassers” who harass both men and women, the courts tend to rule:
a. for the harasser, because the harassment is not because of sex
b. for the harasser, because harassment is not proven in that circumstance
c. for the victim of the harassment, because the harassment is because of sex
d. for the victim of the harassment, because harassment is proven generally

4. In the case in which a woman ended an affair with her male supervisor, and began to receive poor performance appraisals from him, the court ruled on her Title VII harassment claim:
a. for the woman, based on sexual harassment
b. for the woman, because of the affair
c. for the employer and supervisor because the poor performance appraisals were not the result of harassment, but of the relationship having gone sour
d. for the employer and supervisor because the poor performance appraisals were the result of the woman’s poor work performance

5. Regarding the “severe” or “pervasive” standard for assessing harassment cases, which of the following statements is NOT true?
a. to prove harassment, the plaintiff must show that the conduct complained of was both severe and pervasive, unless it occurred outside work
b. to prove harassment, the plaintiff must show that the conduct complained of was severe or pervasive
c. the degree of severity required is in inverse proportion to its pervasiveness
d. none of these

6. Which of the following is true regarding the role of conduct outside of the workplace in harassment cases?
a. employers cannot be held liable based on harassing conduct that occurs outside of the workplace
b. the sexual activities of persons who allege harassment will be examined in order to determine whether the treatment received was unwelcome
c. the marital statuses of the plaintiff and the alleged harasser will be taken into account in determining whether harassment occurred
d. all of the above
e. none of the above

7. Employers are vicariously liable for harassment when:
a. a hostile environment is created by a top official
b. harassment by a supervisor results in a tangible employment action
c. a supervisor creates a hostile environment and the employer does not have a sexual harassment policy or reporting procedure
d. all of the above
e. none of the above

8. Which of the following is part of the “affirmative defense” available to employers in certain hostile environment cases
a. the employer exercised reasonable care to prevent and correct promptly any harassment
b. the employer knew or should have known about the harassment
c. the employee failed to take advantage of preventive or corrective measures provided by the employer
d. a and c
e. b and c

9. The primary difference between harassment that results in tangible employment action and harassment that creates a hostile working environment is:
a. the level of proof required in the prima facie case for harassment that results in tangible employment action
b. the availability of a rebuttal to the plaintiff if the employer proves a reason for the hostile environment
c. the criteria for proving harassment that results in a tangible employment action is less stringent
d. the criteria for finding employers liable differs depending on the outcome of the harassment
e. none of the above

10. Which of the following should be included in an employer’s policy prohibiting harassment?
a. assurance that employees reporting harassment will be protected from retaliation
b. assurance of strict confidentiality in handling harassment complaints
c. a clear and accessible procedure for reporting harassment
d. a and c
e. all of the above

11. Regarding harassment, which of the following statements is NOT true?
a. harassment is a serious problem in the workplace
b. the definition of harassment under Title VII includes mistreatment and abuse of employees generally
c. the definition of harassment under Title VII does not include workplace bullying
d. all of these are true

12. If an employee is subject to severe harassment, and quits his position to escape it, the court will likely rule:
a. that because he quit, no tangible employment action can be proven
b. that the quit is a constructive discharge, which constitutes a tangible employment action if it results from a demotion or pay cut
c. that a hostile environment is presumed, but that the employee waived the right to sue when he left
d. none of these

13. In a case in which the employee claimed harassment by her supervisor in which he altered her work her work hours with the knowledge that doing so would adversely affect her hypoglycemia; frequently stood at her desk and stared angrily at her; startled her by pounding on her desk with his fist; criticized her work unfairly; and yelled at her in front of co-workers, the court ruled that:
a. no sexual harassment was proven, because no demand for sexual favors was made
b. no sexual harassment was proven, because no hostile environment was created
c. a hostile environment was created by the supervisor’s conduct
d. no harassment could be proven without verbal or physical conduct of a sexual nature

14. The plaintiff in a harassment case must prove:
a. the harassment was because of sex
b. the harassment was directed toward a protected class
c. the harassment was unwelcome
d. all of these
e. only b and c

15. When a female supervisor demands sexual favors from a male employee so that he can keep his job or get a raise, it is called this:
a. same sex harassment
b. quid pro quo harassment
c. severe or pervasive harassment
d. cruel and unusual harassment

16. As the Assistant Human Resources Manager, you have learned from another employee that a co-worker is being harassed by her supervisor. Assuming your firm has no anti-harassment policy, what should you do?
a. nothing unless the victim herself files a claim, because there is no anti-harassment policy, so you have no authority in the matter
b. investigate the claim and report the harassment to your superiors
c. create and enforce an anti-harassment policy for your firm
d. offer to transfer the employee to another job
e. b and c
f. b, c and d

17. Your co-worker, a new employee, is painfully shy. She works, as you do, as a clerical assistant to an architect in the firm you both work for. Her architect, a boorish male with a foul mouth and grabby hands, has had trouble keeping an assistant, and you know why. But even though this fellow has continued in his usual behavior, applying it now to her, she seems to be unable to decide what to do, and seeks your advice. Knowing how these cases are decided, what would be the best advice you could give her?
a. she should say nothing; just keep working, and do a good job
b. she should act friendly, but refuse his advances
c. she should tell him she’s not interested, and just wants to work
d. the next time he tries something, she should just punch him in the eye

18. You are a salesperson for a pharmaceutical company, a job it was difficult to get. After you’d been there a while, there was another opening, and you recommended your friend, Paul. He was hired, and the two of you have enjoyed working together ever since. Recently, the secretary for the sales team has confided in you that Paul has been acting inappropriately, and most recently, cornered her in the supply room, and pushed her up against the wall with his body, and caressed her with his hands. She does not know that you recommended Paul to the firm. Of the following choices, what should you do?
a. tell her not to worry, that it will pass, because Paul is not normally like this
b. tell her not to worry, that you’ll talk to Paul, and tell him to stop it
c. tell her to report Paul to Human Resources, and you’ll tell them you saw it
d. talk to Paul, and tell him that if he doesn’t stop it immediately, and apologize, you will report him to Human Resources

19. Imagine that you are the judge hearing a case for sexual harassment filed by a woman who reports that she was forced to have sex in the workplace with her supervisor. She admits that for some months prior to the event, she displayed her body through seminude photos, lifted her skirt to verify an absence of undergarments, made highly salacious comments, and offered sexual gratification “to employees, customers, and competitors alike.” Knowing what you know about harassment, what should you decide?
a. for the woman, because the forced sex proves harassment
b. for the woman, because her flirting did not justify the forced sex
c. for the employer, because the harassment was not unwelcome
d. for the employer, because she had a reputation for being “easy”

20. A male customer of a sports bar has taken a particular liking to one of the waitresses, and always asks to be seated at her station, so that she will wait on him. He has spoken to the manager of the bar, and generously tipped him to insure that he will get her station. But the waitress does not want to wait on the customer, because he grabs and pinches her rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She asks the bar manager not to let him sit at her station any more, but the manager tells her it’s good money (he does tip her well), and she should be nice to him. If she files suit for harassment, what will the court most likely rule?
a. for the employer, because the customer does not have the power to affect her employment status, so that his conduct cannot result in a tangible employment action against her
b. for the employer, because the customer has not committed harassment
c. for the employee, because the customer has committed harassment
d. for the employee, because the customer has committed harassment, the employer knew about it, and did nothing

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers are strongly advised to establish, communicate, and enforce policies prohibiting harassment.

b. Complaint procedures should provide employees with multiple, accessible parties to whom reports of harassment can be made.

c. Employers must respond to complaints of harassment promptly and in a manner reasonably calculated to end the harassment.

d. Terminations or other discipline imposed against harassers must be conducted in the same careful manner as any other terminations or disciplinary actions.

e. Care should be exercised in using transfers or reassignments to deal with harassment.

2. How does employer liability for harassment by a co-worker or third party compare or differ with the company’s liability for harassment by supervisors, managers or other top officials?

CHAPTER 10
REASONABLY ACCOMMODATING DISABILITY & RELIGION
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. An employer’s obligation to “reasonably accommodate” is unique to which protected classes?
a. gender and age
b. national origin and color
c. disability and religion
d. disability and race

2. The disability law which applies to private employers and state and local governments is:
a. The Rehabilitation Act of 1973
b. The Americans with Disabilities Act of 1990
c. The Private Employer Disability Act of 1988
d. none of these

3. Regarding disability claims, which of the following statements is NOT true?
a. The ADA applies to someone who is not disabled, but is perceived as disabled.
b. The ADA applies to someone who is not disabled, but has a record of a disability.
c. The ADA applies to someone who is currently disabled.
d. The ADA does not apply to someone who is not disabled, but is perceived as disabled.

4. Under the Title VII definition of religious beliefs, all of these are true EXCEPT:
a. a belief in God or other deity is required
b. a belief in atheism and agnosticism is protected
c. the religion need not be popular or organized
d. b and c

5. If an employee states a prima facie case of failure to reasonably accommodate religion, then the employer must prove:
a. that a reasonable accommodation was offered, but refused
b. that the accommodation would impose an undue hardship on the business
c. that the employee does not really believe in the religion
d. a or b

6. Match each term to its correct definition.

Americans with Disabilities Act the disability law that applies to private employers
The Rehabilitation Act the disability law that applies to federal public employers
major life activities for example, seeing, speaking, breathing, lifting
essential functions the core duties which few others can perform
religious organization exemption this permits a church to hire only members of its faith

CHAPTER 10
REASONABLY ACCOMMODATING DISABILITY AND RELIGION

MULTIPLE CHOICE QUESTIONS

1. The American’s with Disabilities Act (ADA):
a. applies to private sector employers with 15 or more employees
b. amends and supercedes the Rehabilitation Act
c. protects all disabled persons against discrimination in employment by covered employers
d. all of the above
e. none of the above

2. Which of the following is necessary to establish the existence of a disability under the ADA?
a. having a physical basis for one’s impairment
b. being diagnosed with an impairment that is included on the ADA’s list of recognized disabilities
c. receiving regular medical treatment for one’s condition
d. all of the above
e. none of the above

3. In Ekstrand v School District of Somerset, a teacher who taught kindergarten successfully for 5 years was assigned to a classroom without windows. She advised the principal that she suffered from seasonal affective disorder, a form of depression, and that she needed the natural light from a window to counteract the disorder. She submitted a letter from her psychologist advising of the condition and the need for natural light, but the school refused. There was an empty classroom with a window, and another teacher had offered to switch classrooms since she had one with a window, but the school would not allow it. The District Court granted summary judgment to the school district, and the teacher appealed. The Appellate Court ruled:
a. for the school district, since the teacher had not documented her need for an accommodation.
b. for the school district, since the school district had no accommodation to offer which did not involve an undue hardship
c. for the teacher, because she had documented her need for an accommodation, and the school district could have made a reasonable accommodation
d. for the teacher, because she suffered severe consequences as a result of the school district’s failure to accommodate her disability

4. In Cloutier v. Costco, Cloutier was fired for violation of a no facial jewelry (other than earrings) provision of the dress code. Costco was successful because:
a. Costco had no duty to accommodate because it could not do so without undue hardship
b. Costco made an offer to accommodate after Cloutier’s adverse employment action and was therefore shielded from liability under Title VII
c. the Church of Body Modification was not a recognized church so Cloutier’s beliefs did not fall under religious discrimination requiring accommodation
d. Cloutier’s beliefs did not include worship or recognition of a supreme being or deity so they could not be considered religious thereby requiring accommodation
e. none of the above

5. An employee can be considered disabled under the ADA if:
a. she has an existing disability
b. she is erroneously regarded as being disabled
c. she is not currently disabled, but has a record of a prior disability
d. a and b
e. all of the above

6. In order to be a “qualified individual with a disability,” a disabled person must:
a. meet the same, job-related education, skill, and background requirements as other job candidates or employees
b. not pose a direct threat others but may pose a threat to his or her own health
c. be able to satisfactorily perform all of the functions of a job
d. all of the above
e. none the above

7. Under the ADA, it is important that job descriptions:
a. clearly identify the essential functions of jobs
b. clearly specify how job tasks are to be carried out
c. list reasonable accommodations that are available to an employee in this job
d. all of the above
e. none of the above

8. Which of the following would usually be considered a reasonable accommodation of disability?
a. providing a part-time or modified work schedule
b. relaxing a production
c. relaxing a performance standard
d. transferring essential job functions to others

9. In responding to requests for reasonable accommodation, employers should NOT:
a. engage in an interactive process with disabled employees
b. limit medical inquiries to information needed to assess functional limitations
c. discuss the disabled employee’s need for accommodation with other employees
d. all of the above
e. none of the above

10. In order to be substantially limiting, a condition must:
a. render an employee unable to perform her previous job
b. be chronic or expected to have a long-term impact on functioning
c. without the aid of any corrective devices used by the employee, make it impossible to perform one or more major life activities
d. all of the above
e. none of the above

11. In order to conclude that a proposed accommodation of disability would impose undue hardship on an employer, it must be shown that:
a. the proposed accommodation would not be a reasonable one
b. the cost of the accommodation exceeds the benefits it would produce
c. the cost exceeds the general $2000 threshold specified in the ADA
d. a and c
e. none of the above

12. Under Title VII, the concept of “religion” is limited to:
a. membership in or affiliation with an established church or denomination
b. beliefs or practices that a church or denomination requires of its members
c. beliefs or practices centering on the worship of a God or other deity
d. all of the above
e. none of the above

13. As the new Human Resources Manager for Bell’s Dollar Store, you are still getting to know your employees. One in particular has come to your attention, because he always seems to be out in the aisles of the store, rather than at the cashier’s desk or in the stockroom. During a routine cleaning of lockers, you discover that several small items from store inventory were in his locker. The items were of little value. After considering the matter, you correctly conclude:
a. the employee has been guilty of theft, and should be fired immediately
b. the employee probably has a disorder known as kleptomania, which compels him to take and hoard small objects; since this is a disability under the Americans with Disabilities Act, you must decide whether you can make a reasonable accommodation
c. the employee probably has a disorder known as kleptomania, which compels him to take and hoard small objects; you decide to speak to him privately, tell him he is fired, and urge him to seek help for his condition
d. none of the above

14. Which of the following laws applies to federal employees?
a. The Disability Act
b. The Protection of Major Life Activities Act
c. The Americans with Disabilities Act
d. The Rehabilitation Act

15. Which of the following is an element of a prima facie case of failure to reasonably accommodate religion?
a. that a specific reasonable accommodation was requested by the plaintiff
b. that a conflict exists between a sincere religious belief or practice and an employment requirement
c. that the requested accommodation would not impose undue hardship
d. all of the above
e. none of the above

16. Title VII’s religious organization exemption:
a. requires religious organizations to establish BFOQs based on religion
b. exempts religious organizations from all of Title VII’s requirements
c. allows religious organizations to favor persons of the same faith for positions that have clear spiritual functions, but not for secular activities
d. allows religious organizations to favor persons of the same faith for secular activities, but not for positions that have clear spiritual functions
e. none of the above

17. You’ve been attending the same Presbyterian Church for the last 11 years, and the Pastor has asked you to serve as Church Secretary and manage the office. One of your tasks will be to put together the bulletin for services each Sunday, but you’d also like to create a website for the church. When you tell the Pastor, he thinks it’s a wonderful idea, and sets aside some money to pay for the creation of the church’s website. After a diligent search for qualified candidates, you’ve come up with two. The only trouble is that the best candidate is not Presbyterian, but Anglican. Can you hire her?
a. no; because this is a Presbyterian Church, you must hire a Presbyterian
b. yes; Title VII contains an exemption for religious bodies who hire for secular positions
c. yes; Title VII is not relevant. Although most churches prefer to hire members of their own flock even for secular positions, there is no requirement to do so.
d. none of these

18. Regarding the HIV status of employees in most jobs, which of the following is NOT correct:
a. an employee who is HIV positive is a direct threat to himself
b. an employee who is HIV positive is a direct threat to others
c. an employee who is HIV positive is owed a reasonable accommodation
d. a and b are not correct
e. none of these is correct

19. Regarding an employer’s obligation to accommodate disability and religion, it can be said that:
a. the obligation to accommodate in these areas is consistent with the employer’s obligation to accommodate in other areas of the employment relationship
b. the obligation to accommodate in the areas of disability and religion is unique to those areas of the employment relationship
c. the obligation to accommodate is voluntary, except for federal employers
d. b and c only

20. As the Assistant Human Resources Manager, you have access to the employment files of all of the employees, including management. You have inadvertently learned that the Vice President of Sales has tested positive for the HIV virus. You know that he is married, but doubt that he’s told his wife. What should you do?
a. call his wife, and tell her that you regret you must give her some bad news; then, simply tell her
b. call his wife, but ask to come and see her in person; this is not the sort of news that one should deliver by telephone
c. talk to the Human Resources Manager, and ask her advice
d. nothing

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must reasonably accommodate qualified disabled persons unless doing so would impose undue hardship.

b. It is critical that employers engage in an interactive process with their disabled employees.

c. Accommodations cannot be dismissed as too costly without considering the availability of external funding and offering disabled employees the opportunity to pay for the portion of the cost that would create undue hardship.

d. Workplace policies should be made as flexible and religiously neutral as possible.

e. Employers should attempt to accommodate religious advocacy by providing forums for such communication that allow other employees to choose whether they wish to listen.

2. The ADA creates a protected class called “qualified individuals with disabilities”. Discuss what this phrase means and how one qualifies for protection.

CHAPTER 11
WORK-LIFE CONFLICTS & OTHER DIVERSITY ISSUES
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The Family and Medical Leave Act applies to which of the following employers?
a. a government agency
b. a private company with at least 50 employees
c. a private company with at least 25 employees
d. a and b only

2. Which of the following would constitute a “qualifying event” under the Family and Medical Leave Act?
a. birth of a son or daughter
b. a serious health condition of the employee’s spouse
c. placement of a son or daughter of the employee by adoption
d. a and b only
e. a, b & c

3. Which of the following is NOT required of employers under the FMLA?
a. up to 12 workweeks of leave over a 12-month period
b. up to 12 workweeks of paid leave over a 12-month period
c. maintenance of health insurance under the same conditions as employment
d. a return to the employee’s job or an equivalent position with the same pay

4. A person’s accent may legally be taken into consideration in hiring for a particular position when:
a. the employer does not want someone who is “foreign-sounding”
b. a significant part of the job requires communication, and the applicant’s heavy accent would interfere with the ability to communicate
c. the employer’s entire workforce is composed of people who speak English as a first language
d. any of these

5. Gays are protected from discrimination in employment by:
a. Title VII
b. some state laws
c. city or other local laws
d. all of these
e. b and c only

6. Match each term to its correct definition.

Family & Medical Leave Act the principal federal law affecting leave for parental and medical reasons
Serious health conditions either inpatient care or continuing treatment by a medical provider
Qualifying event circumstances under which eligible employees are entitled to take leave
Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth and related medical conditions
English only rules may be evidence of harassment or disparate treatment

CHAPTER 11
WORK-LIFE CONFLICTS AND OTHER DIVERSITY ISSUES

MULTIPLE CHOICE QUESTIONS

1. To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked:
a. at least 1250 hours during the previous 12 months
b. at least 625 hours during the previous 6 months
c. at least 2080 hours during the previous 12 months
d. at least 1040 hours during the previous 6 months

2. Which of the following is a “qualifying event” under the FMLA?
a. birth of a child
b. death of a parent
c. serious health condition of an employee’s grandparent
d. all of the above
e. none of the above

3. “Serious health conditions” include:
a. pregnancy, when it results in a period of incapacity
b. all conditions that require hospitalization
c. all conditions that require treatment by a health care provider
d. all of the above
e. a and b

4. Under the FMLA, employers have the right to:
a. require that employees provide documentation of any serious health condition prior to being granted leave
b. cancel the leave of “key employees”
c. delay the start of leave for employees who fail to provide 30 days notice when the need for leave is foreseeable
d. all of the above
e. none of the above

5. Under the FMLA, employees are entitled to:
a. have all benefits maintained under the same conditions as if the employee had not taken leave
b. have only health benefits maintained under the same conditions as if the employee had not taken leave
c. be restored to the exact same position they left if they are deemed a “key employee”
d. a minimum of ½ salary during their leave

6. In Bachelder v. America West Airlines, an employee who had taken periods of FMLA leave in the previous two years was terminated for poor attendance. The court ruled that:
a. the employer did not violate the FMLA because the employee had already exhausted her eligibility for leave under the “rolling 12 month period” used by the employer
b. the employer did not violate the FMLA because she was terminated for her absences and not for having requested or taken FMLA leave
c. the employer violated the FMLA because all employees become eligible for up to 12 weeks of leave at the start of each new calendar year
d. the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

7. Under the FMLA:
a. employers may require that any paid leave available to an employee be used and counted toward an employee’s FMLA leave
b. employers may require that the employee stay on leave longer than they need if it satisfies an administrative purpose or convenience for the employer
c. employers may contact the employee at home by phone or e-mail with company question but cannot require the employee to physically come to the premises
d. during a valid leave, the employee is protected or shielded from layoffs or termination that would have occurred anyway
e. none of the above

8. Under the Pregnancy Discrimination Act (PDA):
a. employers are required to provide leave for childbirth and medical problems related to pregnancy
b. employers are required to restore employees returning from pregnancy leave to their former jobs or equivalent positions
c. employers are prohibited from establishing uniform requirements for when pregnancy leave must begin or end
d. all of the above
e. none of the above

9. The Uniformed Services Employment and Reemployment Rights Act (USERRA)
requires that:
a. all persons returning from military service must be reemployed
b. employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions
c. employers continue to provide at least partial pay to employees serving in the military for up to 24 months
d. all of the above
e. none of the above

10. In Scobey v Nucor Steel-Arkansas., employee Scobey had 4 unexcused absences from April 10-13, 2005. On April 9, he called to ask his supervisor to call him, but did not say why. They finally spoke on April 11, but Scobey was intoxicated, and said he was having a nervous breakdown. They spoke again during this period, and Scobey was again intoxicated, saying he was through with his job. He returned to work, was demoted, and eventually stopped coming to work. He was terminated, and sued, alleging he should have been granted FMLA leave, but the trial court granted summary judgment for his employer. The Appellate Court ruled:
a. for the employer, because Scobey did not have a “serious health condition” as required for leave under the FMLA
b. for the employer, because Scobey had not given adequate notice of his need for leave, as required under the FMLA
c. for Scobey, because a reasonable jury could conclude that his drunkenness gave the employer constructive notice of his need for leave under the FMLA
d. for Scobey, because he was entitled to leave under the FMLA for his nervous breakdown

11. Legal protection against discrimination based on sexual orientation is found in:
a. Title VII of the Civil Rights Act
b. statutes in about a dozen states
c. the U.S. Constitution, under which public employers must show that a “compelling governmental interest” is served by the discrimination
d. Executive Order 11246
e. all of the above

12. “Hopalong” Jones was a cowboy working on a cattle ranch out west. He has worked at
the ranch for three years and done an excellent job. He is also a two time bull riding
champion at the state rodeo competition. He is fired when he admits to being gay.
a. Hopalong is protected under the protected sex classification under Title VII
b. since being a cowboy is such a macho job, being heterosexual is considered a
BFOQ
c. sexual orientation is a protected class in some states but not in others
d. Hopalong has no federal or state protection regarding his sexual orientation

13. The EEOC’s guidelines hold that broad English-only rules applied at all times are:
a. presumptively discriminatory
b. presumptively non-discriminatory
c. valid, if an employer can show a business necessity for a broad-cased, all-time ban on other languages
d. invalid, because the employer can never show a business necessity for a broad-based, all-time ban on other languages

14. The accent of an employee or job applicant can lawfully be taken into consideration when:
a. the firm is using its affirmative action program to diversify its workforce
b. when few English-speaking applicants or employees are available
c. when communications are a significant part of the job in question, and the person’s accent substantially interferes with the ability to communicate
d. when communications are a significant part of the job in question, and the person’s accent interferes in some degree with the ability to communicate

15. The federal Jury System Improvements Act:
a. protects persons who serve on federal juries from discharge, intimidation or coercion by their employers because of their jury service
b. applies a Title VII approach to selection of jurors
c. reduces the number of jurors on a standard jury from 12 to 6
d. requires that employers pay their employees at their regular rate of pay for the time spent serving on a federal jury

16. Under the FMLA:
a. pregnancy is a “serious health condition” triggering the right to FMLA leave
b. pregnancy is not a “serious health condition” triggering the right to FMLA leave unless there are complications
c. only a pregnant employee may receive leave under the FMLA
d. none of these

17. The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that:
a. an employer must maintain the health insurance for an employee reporting to military service for short stints of service (less than 31 days)
b. an employer must maintain the health insurance for an employee who serves in the military for up to 24 months, if the employee pays the full cost of group coverage
c. employers are not required to maintain health insurance coverage for their employees in military service beyond a period of 30 days
d. all of these
e. a and b

18. In Reynolds v. Inter-Industry Conference on Auto Collision Repair, Reynolds began work for his employer on August 25, 2005. On August 8, 2006, his child was born prematurely. He requested time off, which was granted. He requested further leave for November, 2005, when the child would be released from the hospital, and was terminated, the employer saying he was not entitled to FMLA leave because he had not been an employee for 12 months. The court ruled:
a. for Reynolds, since the birth of a child is a qualifying event under the FMLA
b. for Reynolds, since he notified his employer at least 30 days in advance of the need for leave, by which time, he would be an eligible employee
c. for the employer, because the employee failed to provide sufficient notice that he was requesting leave for a potentially FMLA-qualifying reason
d. for the employer, because the employee was not an eligible employee, entitled to FMLA leave

19. You need to hire a new medical technician for the emergency room of your hospital. The technician must have a thorough knowledge of medical terms and procedures, and will be interviewing patients to determine the nature and extent of their problems before they are routed to a doctor or to the waiting room. Most of the qualified candidates will be those who comes from Asian countries, who have studied medicine in their home countries, but whose MD degrees are not recognized by the U.S. Can you require that only English-speaking candidates need apply?
a. yes, because most of the patients will be English speaking
b. yes, because communication will be an integral part of the job, and most often communication will be required in an emergency situation
c. no, because under Title VII, English-only speaking requirements are presumptively discriminatory
d. no, because most of the qualified candidates will be from countries for which the first language spoken is not English

20. A very troublesome employee has just told you that he wants to apply for FMLA leave because his wife is seriously ill. He has taken leave before because of her illness, and depending upon how you calculate it, may have already taken the maximum amount for the year. You know that if you use a “rolling 12 month period,” he will not qualify, and if he is denied leave, he may actually quit, which would make many people happy. However, your firm’s leave policy does not specify how leave taken will be calculated, which means that if he sued and the case went to litigation, the court would apply a “calendar year” calculation for the leave requested, since you’ve just begun a new calendar year, and under that calculation, he would be entitled to leave. Of the following choices, what should you do?
a. deny the leave, and take your chances; tell him that he’s already had the maximum leave under the “rolling 12 month” calculation. He’s been far too troublesome for the firm, and his leaving would be a good outcome
b. deny the leave, but tell him that it’s because has not been a productive employee, and when he improves, you’ll consider more leave
c. grant the leave, and take your chances; maybe he’ll straighten out when he comes back
d. grant the leave, and ask how he’s doing; tell him that when he comes back, you’d like to sit down with him and see if you can help him resolve the trouble he’s been having at work

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must not attempt to discourage eligible employees from taking FMLA leave or attempt to delay the taking of leave.

b. “No fault” attendance policies must be either discontinued or exceptions must be made for employees on FMLA leave.

c. Employees should be notified promptly and in writing whether their leave qualifies as FMLA leave.

d. Employer’s should consider an employee’s or applicant’s accent only to the extent that communication is a significant part of the job in question and the individual’s accent impedes communication.

e. Employers should generally refrain from adopting English-only rules. If they are used, employees should be clearly informed that they are in effect, the rules should be no broader than necessary to accomplish necessary business purposes, and enforcement should not be rigid.

2. A major University has advertised for a non-research lecturer position in its Economics Department. When they evaluate the applicants, one resume clearly stands out as excellently qualified. When the applicant came in for an interview, she is asked to
complete a questionnaire with a number of open ended questions prior to the actual
interview. The questionnaire was extremely well answered and evidenced perfect
grammar, perfect penmanship and perfect spelling. The answers were lucid and well
thought out. Unfortunately, during the interview most in the department had trouble
understanding the candidate due to her extremely heavy Nigerian accent. If the
university hires someone else, has the university violated any discrimination laws?

CHAPTER 12
WAGES, HOURS & PAY EQUITY
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The Fair Labor Standards Act does which of the following?
a. establishes a minimum wage
b. establishes the rate of overtime pay
c. places certain restrictions on work by minors
d. all of these

2. Regarding overtime pay, which of the following statements is NOT true?
a. overtime pay is due for hours worked per week in excess of 40
b. overtime pay is due for hours worked per day in excess of 8
c. the rate of overtime pay is 1 ½ times the regular hourly rate of pay
d. all of these are true

3. “Tipped” employees are those who:
a. share tips at work
b. earn at least $30/month in tips
c. work in the restaurant industry
d. none of these

4. Which of the following categories of employees is generally exempt from overtime pay?
a. executives
b. administrative employees
c. professional employees
d. all of these are exempt

5. The Equal Pay Act generally requires employers to:
a. pay the same wage to men and women doing substantially the same work at different companies
b. pay the same wage to men and women doing substantially the same work at the same company
c. establish equivalencies for various jobs traditionally held by men and women
d. all of these

6. Match each term to its correct definition.

Fair Labor Standards Act a federal law that establishes overtime pay requirements, and limitations on the work of minors
Minimum wage the lowest wage employers are permitted to pay employees for each hour of work
Duties test a test to determine whether an employee is really exempt from overtime pay

Migrant & Seasonal Agricultural
Worker Protection Act a federal law covering most seasonal agricultural workers providing some basic safeguards related to pay, housing and transportation
Overtime pay 1 ½ times the regular rate of pay

CHAPTER 12
WAGES, HOURS, AND PAY EQUITY
MULTIPLE CHOICE QUESTIONS

1. Which of the following is true regarding overtime pay under the Fair Labor Standards Act?
a. employees who work more than 8 hours in a work day must be compensated with overtime pay
b. employees are entitled to twice their regular rate of pay for overtime hours
c. private sector employers can pay for overtime required under the FLSA with compensatory time off in the future, whereas government agencies may not do so
d. all of the above
e. none of the above

2. “Tipped employees” can be paid less than the minimum wage provided:
a. they agree to a reduced minimum wage salary, however, if they don’t agree they must be paid the full minimum wage and any tips are forfeited to the employer or the other employees
b. they retain on an individual basis all tips that are earned; pooling of tips is not permitted
c. their total pay in wages and tips equals at least the minimum wage
d. the employee customarily and regularly receives at least $30 per week in tips

3. The maximum number of hours that an employee can work in a workweek under the Fair Labor Standards Act is:
a. not limited for employees 16 years of age and over
b. limited to forty hours per week for employees under 16 years of age while school is in session
c. not limited for employees 16 years and over, but it must equal no more than 40 hours a week when averaged across any two work weeks
d. limited to 50 hours per week for employees who are non-exempt, but there is no limit for exempt managers and professionals.
e. none of the above

4. Under the Fair Labor Standards Act, a “workweek”:
a. is any fixed and reoccurring period of 5 consecutive days
b. is any fixed and reoccurring period of 7 consecutive days
c. is the same as a calendar week
d. includes all the days during a calendar week on which any work is performed

5. A non-exempt employee’s usual pay is $800/wk, based on a 40/hr week. This week he works 50/hrs. His regular hourly rate of pay is ______. His total pay for this week should be _______.
a. $800/wk; $800
b. $16/hr; $1100
c. $20/hr; $1000
d. $20/hr; $1100
e. $16/hr; $1040

6. Which of the following is true regarding compensatory (“comp”) time?
a. employers can require employees to use up their accrued comp time, regardless of whether employees wish to do so
b. the maximum amount of comp time that can be banked is capped at 240 hours for most employees
c. acceptance of comp time can be made a condition for receiving overtime work
d. b and c
e. all of the above

7. In Chao v Gotham Registry, a temporary employment agency for nurses placed them at various hospitals. Despite a rule forbidding overtime, nurses frequently worked overtime at the hospitals’ request, as Gotham knew, but refused to pay overtime. When the nurses sued for overtime pay, the court determined that:
a. because they knew of the rule forbidding overtime, the nurses had volunteered their time, and were not entitled to overtime pay
b. because the hospitals had asked them to work overtime, the hospital was required to pay the overtime pay
c. because the agency knew that nurses frequently worked overtime at the hospitals’ request, and did nothing to enforce its rule against overtime, the agency was responsible to pay overtime
d. none of the above

8. Which of the following is generally compensable time under the FLSA?
a. meetings during work hours concerning employee grievances
b. meal periods of any length
c. periods spent waiting to start work
d. time spent traveling to and from work in a private car
e. all of the above

9. The Migrant & Seasonal Protection Worker Act (MSPA) provides all of these requirements EXCEPT:
a. a minimum wage and overtime
b. disclosure of working terms and conditions at the time of hire
c. safe and sanitary housing and transportation
d. maintenance of wage and hour records

10. The Migrant and Seasonal Agricultural Worker Protection Act requires that:
a. migrant agricultural workers must be paid no less than the prevailing wage for farm laborers in the geographic region
b. migrant agricultural workers must be provided with housing and the housing must be safe and sanitary
c. migrant agricultural workers must receive overtime pay of one and a half times their regular rate of pay for all work hours in excess of 50 in a week
d. all of the above
e. none of the above

11. Which of the following activities is compensable time for which an employee must be paid?
a. time spent taking pre-employment tests
b. time spent traveling to and from work
c. time spent waiting to start work
d. rest periods of up to 20 minutes

12. Under the duties test, in order to be classified as exempt, an employee:
a. must perform the duties of an executive, administrator, or professional
b. must work in an office setting
c. must have a job title that includes the word executive, administrator, or professional in the title
d. all of the above

13. Under the Department of Labor’s “pay docking rule”:
a. wages withheld for disciplinary purposes are not counted as compensation when determining compliance with minimum wage and overtime requirements
b. it violates the FLSA for employers to make deductions from the pay of salaried employees for partial day absences
c. certain deductions from the pay of salaried employees can lead to the finding that these employees are non-exempt
d. a and b
e. none of the above

14. Under the FLSA, minors under 16 years of age:
a. are allowed to work at any job provided that they have obtained working papers
b. are allowed to work no more than 18 hours per week while school is in session
c. are allowed to work no more than 8 hours per day while school is in session
d. b and c
e. all of the above

15. Which of the following is among the things that must be shown in order for two jobs to be considered “equal work”?
a. they must have the same or very similar job titles
b. the jobs must be of comparable worth to the employer
c. there must be substantial overlap in the duties and tasks performed
d. they must have the same or very pay rates
e. all of the above

16. If employees come in to start work early, or stay beyond scheduled hours, or come in to work on days off,
a. the extra time put in on the job could be used to re-classify those employees from non-exempt to exempt
b. the extra time put in on the job could qualify those employees for overtime pay
c. under the FLSA, they have volunteered their services for that extra time
d. none of these

17. Employers should maintain accurate and up-to-date job descriptions because they will help establish:
a. the essential functions of the job
b. the exempt status of the employee, if exempt
c. that an employment requirement is job-related
d. the similarity or non-similarity between two different jobs
e. all of these
f none of these

18. Which of the following statements is NOT true?
a. US employees have the dubious distinction of working the longest hours among industrialized nations
b. job stress is related to such maladies as high blood pressure and coronary heart disease
c. longer workdays are associated with increases in injuries
d. all of these
e. none of these

19. In the U.S., more and more workers are working:
a. around the clock
b. off the clock
c. on the clock
d. none of these

20. As the new Assistant Human Resources Manager, you now have access to the salaries of all of the staff at your firm, and discover that the sole female salesperson on the staff is being paid significantly less than her male counterparts, although she has the same educational background and experience. Within about 6 months, you are to replace the current Human Resources Manager, an “old school” kind of fellow who is retiring. But since you are newly hired, you are reluctant to “make waves.” Considering your duties and also the protection of your career, which of the following options would NOT be advisable?
a. Tell the current “old school” HR Manager that the lower salary of the female salesperson is illegal, and that he must immediately raise her pay, or you will tell the salesperson that she should file an EEOC claim
b. Ask the current HR Manager if he is aware that the female salesperson is receiving a lower salary for the same work, which could cause a claim to be filed against the firm, and ask what he thinks should be done
c. Do and say nothing yet, awaiting the day when you assume the role of HR Manager; then take steps to raise the saleswoman’s pay to compare with that of her male colleagues, without telling her why

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers should not ignore employees starting work early, staying beyond scheduled hours, or coming in to work on days off.

b. Employers should maintain accurate and up-to-date job descriptions

c. Employers should not make deductions from the pay of exempt employees for partial day absences or require that the time off be made up.

d. Employers should refrain from establishing and enforcing pay secrecy policies.

e. Employers should be prepared to account for disparities in the pay of men and women performing similar jobs in the same workplace.

2. An employer of an emergency response service required its service employees to be on call every weekend, as they might be called to report within 10 minutes. While on call, employees were not permitted to leave their homes, as the employer’s contact was to their home phones. Also, employees were not permitted to drink alcohol on the weekends, because of their potential on-call duties. The employer did not pay for on-call weekends, and the employees sued. What are the issues, and what should the court decide?

3. What could the employer in number 2 above have done differently to avoid incurring liability for compensable time and perhaps overtime?

CHAPTER 13 BENEFITS
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The Employee Retirement Income Security Act (ERISA) governs which of the following?
a. retirement and pension plans
b. health insurance
c. childcare subsidies
d. all of these
e. a and b only

2. Under ERISA, employers are required to do all of the following EXCEPT:
a. inform employees about their benefits
b. actually deliver promised benefits
c. pay for either a defined benefit or a defined contribution pension plan
d. all of these are true

3. The purpose of Consolidated Omnibus Budget Reconciliation Act (COBRA) generally is:
a. to regulate pension plans
b. to provide for the continuation of health insurance coverage
c. to prevent disqualification in health insurance coverage because of pre-existing conditions
d. none of these

4. Regarding discrimination older workers with regard to benefits, it is correct to say that:
a. employers may discriminate against older employees in offered benefits because their benefits cost more
b. employers may provide less extensive health care coverage to older workers as long as the employer spends the same amount of money as for younger workers
c. an employer can force older workers to retire, to avoid providing health care benefits to them
d. none of these is correct

5. The Pregnancy Discrimination Act generally requires employers to:
a. provide pregnancy health care benefits to pregnant employees
b. provide pregnancy health care benefits to women, but not to men
c. treat pregnant employees the same as non-pregnant employees with similar ability to work
d. none of these

6. Match each term to its correct definition.

ERISA the principal federal law regulating benefit plans of private employers
Defined benefit plan pays a specific pension benefit to the employee upon retirement
Defined contribution plan a pension plan to which the employer makes contributions, and the employee invests, the benefit being determined by the success of the investment
fiduciary one who exercises discretionary authority and control over the administration of pension funds
vesting based on years of service, an employee’s achievement of an nonforfeitable right to receive a pension

CHAPTER 13
BENEFITS

MULTIPLE CHOICE QUESTIONS

1. Defined benefit pension plans:
a. promise a specific pension benefit upon retirement
b. are insured through the Pension Benefit Guaranty Corporation (PBGC)
c. all of the above
d. none of the above

2. Summary plan descriptions (SPDs):
a. must be provided to new employees before they begin their employment
b. provide a brief overview of the terms of employee benefit plans
c. can be the basis for claims that employees did not receive promised benefits
d. all of the above
e. none of the above

3. Regarding the Pension Benefit Guarantee Corporation (PBGC), which of the following statements is true?
a. The PBGC is an agency that insures defined benefit pension plans.
b. The PBGC is an agency that insures defined contribution pension plans.
c. The PBGC’s fund is running out of money, due to the increase in the failure of the pension plans it insures.
d. a and c only
e. b and c only

4. Which of the following is a fiduciary duty under ERISA?
a. ensuring that plans operate in accordance with plan documents and ERISA
b. diversifying pension fund assets to minimize the risk of large losses
c. managing benefit plans and funds solely in the interest of plan beneficiaries
d. all of the above
e. none of the above

5. In Fought v. UNUM Life Insurance Company of America, Fought underwent surgery for coronary artery disease, a pre-existing condition at the time she qualified for her employer’s disability policy. Weeks after the surgery, she developed a staph infection, became disabled, and applied for coverage under her company’s disability insurance. The insurer denied coverage on the basis of a pre-existing condition, her coronary artery disease, and Fought sued. As to the issue of causation, the court ruled:
a. for the insurer, since Fought would not have had surgery which resulted in the infection but for the pre-existing coronary artery disease
b. for the insurer, since the staph infection was a previously undiscovered pre-existing condition
c. for Fought, since the staph infection was not a pre-existing condition, and was not a necessary consequence of her coronary artery disease
d. for Fought, because the insurer had a conflict of interest

6. Which of the following is true regarding vesting requirements under ERISA?
a. once pension rights vest, employees are entitled to receive full pensions upon leaving employment
b. once pension rights vest, employees’ pension plans cannot be discontinued or changed
c. vesting usually occurs after five or seven years of service
d. vesting is never required but is purely a contractual provision negotiated between the employer and employee

7. Which of the following is true of the Employee Retirement Income Security Act (ERISA)?
a. it requires employers to provide pensions for most of their employees
b. it is superseded by state laws that relate to employee benefit plans
c. it does not apply to benefit plans administered by public employers
d. it requires that once a plan is in place, it can not be changed or modified without the employees consent
e. all of the above

8. Defined contribution pension plans:
a. are insured by the Pension Benefit Guaranty Corporation (PBGC)
b. are prone to under-diversification of investments
c. are not subject to ERISA vesting requirements
d. guarantee specific pension benefits to the employee when the plan is entered into

9. Which of the following is NOT a part of the Patient Protection & Affordable Care Act?
a. a temporary insurance program for high-risk individuals with pre-existing conditions and no health insurance
b. a prohibition against denying coverage to children based on pre-existing conditions
c. a requirement that plans cover all immunizations and routine health care
d a prohibition against requiring pre-authorization for emergency care

10. Which of the following is a qualifying event necessitating an offer of COBRA continuation coverage?
a. an employee quits his job
b. an employee’s hours are cut
c. a spouse and an employee get divorced
d. all of the above
e. none of the above

11. An employee is terminated for poor attendance. The employer sends a letter on May 1 notifying him of his right to receive continuation health insurance coverage. The letter states that the former employee must respond by May 30 to be eligible for up to 6 months of continuation coverage. The employer’s letter:
a. accurately states the former employee’s rights under COBRA
b. should state that the employee has 45 days to decide on coverage that would last up to 3 years
c. should state that the employee has 60 days to decide on coverage that would last up to 3 years
d. should state that the employee has 60 days to decide on coverage that would last up to 18 months
e. should not have been sent since a termination for poor attendance is not a qualifying event under COBRA

12. Which of the following is one of HIPAA’s requirements regarding pre-existing condition exclusions in group health plans?
a. exclusionary periods can last no longer than 6 months
b. exclusionary periods must be reduced by any periods of prior coverage under a group health plan, as long as the break in coverage was no more than 63 days.
c. certificates of creditable coverage are used to document that employees have pre-existing conditions to which exclusionary periods would apply
d. prior coverage under a group health plan does not include any period of continuation coverage under COBRA
e. none of the above

13. Regarding the topic of employment benefits, it is correct to say that:
a. both employment and tax laws affect employment benefits
b. the law on this topic has been very much in flux
c. the law on this topic has largely been settled
d. public policy debates concerning this topic have occurred in recent years
e. a, b and d
f. a, c and d

14. The Pregnancy Discrimination Act provides for each of the following EXCEPT:
a. health plans must cover expenses for pregnancy-related medical care on the same basis as for other medical conditions
b. because of the extreme costs and because men do not avail themselves of pregnancy benefits, larger deductibles or co-pays may be charged
c. both married and unmarried employees must be covered
d. the same level of coverage must be provided for the spouses of male employees as is provided for the spouses of female employees

15. Regarding employment benefits, the general rule is that:
a. employers are legally required to provide employment benefits in the form of basic health care, vacation pay, and pension or profit sharing plans
b. employers are legally required to provide basic health care, but no other benefits, although they may do so voluntarily
c. only employers with 50 or more employees are legally required to provide basic health care, but no other benefits, although they may do so voluntarily
d. none of these

16. In McDowell vs. Krawchison, an employee whose wife suffered from breast cancer was terminated after a change of ownership of the company. He asked whether their health insurance would continue, and was told verbally that it would. Nine months later when his wife sought treatment, she was advised the policy had been terminated. He and his wife sued for a violation of COBRA. The court ruled:
a. for the employer, since it was a new owner, and not the employer of the employee.
b. for the employer, since the employee never requested in writing that their insurance be continued
c. for the employee, since he was not given notice of his COBRA rights in writing
d. for the employee’s wife, because she was also an insured, but was given no notice of her COBRA rights

17. You have just been hired as the new Human Resources Manager for your firm. On your second day, an employee filed for disability benefits due to a recent injury. Not knowing about a disability policy through this firm, you search the files and discover that the firm cancelled a long term disability on the employee without notifying him. What should you do?
a. nothing; maybe the employee will withdraw his claim for disability benefits
b. send official notice that the disability policy had previously been cancelled
c. call the employee to tell him that the disability policy had previously been cancelled
d. b and c
e. none of these

18. About ERISA, the Employee Retirement Income Security Act, it is correct to say that:
a. the law governs only pension plans
b. the law governs benefit plans broadly, not just pension plans
c. the law only applies to “welfare” plans
d. none of these

19. The problem with a Cash Balance or Hybrid pension plan is:
a. that the employee bears the risk of loss of the investment
b. that because of the way benefits are calculated, older employees receive less than younger employees
c. that they are not covered by ERISA
d. none of these

20. HIPAA, the Health Insurance Portability and Accountability Act provides all of these EXCEPT:
a. it greatly restricts the use of the pre-existing exclusion
b. it provides that exclusionary periods can be no longer than 30 days
c. it provides that pregnancy cannot be deemed a pre-existing condition
d. it provides that a certificate of creditable coverage reduces the exclusionary time period for a pre-existing condition

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Benefit plan administrators must base their decisions about eligibility for benefits on plan documents, have reasons for their decisions, and use all of the current, relevant information available to them.

b. Health insurance plans must cover medical expenses related to childbirth and not impose deductibles or co-payments for such treatment that exceed those required for other medical treatments.

c. Group health plans must not limit eligibility based on health status, medical condition, claims experience, medical history, genetic information, or the disability of an employee or dependent.

d. With just a few exceptions, employers must not establish mandatory retirement ages.

e. Employers should be careful in advising employees about their benefits and refer them back to SPD’s and other plan documents.

2. There is no question that health care and other benefits often become available to family members without question. How does the law currently look at the extension of benefits to domestic partners?

CHAPTER 14
UNIONS AND COLLECTIVE BARGAINING
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Labor laws:
a. require job security after five years
b. regulate the hours and rates of pay of various industries
c. protect the rights of employees to join together for collective bargaining
d. none of these

2. Under the National Labor Relations Act (NLRA), employees have the right to:
a. engage in “protected concerted activities”
b. to bargain with employers through representatives
c. to refrain from all of these activities
d. a and b only
e. a through c

3. An example of an unfair labor practice would be:
a. employers discriminating against employees who wish to unionize
b. employers refusing to engage in collective bargaining
c. employees going on strike because an employer refused to engage in collective bargaining
d. all of these
e. a and b only

4. When the employees vote by secret ballot on whether or not to form a union, the percentage vote that is required is:
a. 90%
b. 75%
c. just over 50%
d. 30%

5. Typically, collective bargaining agreements provide that disputes will be resolved by:
a. lawsuits
b. grievance procedures
c. arbitration
d. b and c

6. Match each term to its correct definition.

National Labor Relations Board the federal agency that administers the National Labor Relations Act, including holding elections to determine whether employees want union representation
Card check procedure a majority of employees sign cards indicating their preference to join a union
Good faith bargaining the obligation of both employer and union to confer in good faith, to meet at reasonable times, and to sign a contract
Mandatory topic an issue that, if raised by either party, must be the subject of bargaining in good faith
lockout the employer’s preventing employees from working after their labor agreement expires, although they are willing to continue to work and negotiate

CHAPTER 14
UNIONS AND COLLECTIVE BARGAINING
MULTIPLE CHOICE QUESTIONS

1. Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act?
a. Federal Mediation and Conciliation Service (FMCS)
b. Federal Labor Relations Authority (FLRA)
c. National Labor Relations Board (NLRB)
d. National Mediation Board (NMB)
e. National Collective Bargaining Commission (NCBC)

2. Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act (“Sec. 7 rights”)?
a. the right to self-organization
b. the right to fair pay and benefits
c. the right to strike
d. the right to assist labor unions

3. Protected concerted activities:
a. are engaged in with or on the authority of other employees
b. must be related to wages, hours, terms or conditions of employment
c. must not be extreme or abusive
d. apply to unionized workers but not to non-unionized workers
e. all of the above

4. Which of the following is an unfair labor practice (ULP) under the National Labor Relations Act?
a. discriminating against an employee based on her race
b. violating the terms of a labor agreement
c. retaliating against an employee who has filed charges with the NLRB
d. after an agreement has expired and while the new one is being negotiated, locking out employees willing to continue working

5. Which of the following employee rights is NOT protected by the NLRA?
a. to engage in self-organization
b. to go on strike
c. to engage in other concerted activities
d. to refrain from such activities
e. all of the above employee rights are protected by the NLRA

6. In Mastec Advanced Technologies, 26 service technicians were fired after appearing on a television news show to complain about their employer’s instructions about how to persuade customers to install phone connections for their satellite television service, and the charge-backs to employees’ pay if they did not procure such connections. Phone connections were not necessary for the service to work, but the company earned more money if phone connections were installed. Regarding the terminations, the court ruled:
a. for the employer, since it is not a protected concerted activity for an employee to make disparaging remarks to 3rd parties, since it shows disloyalty
b. for the employer, because its business policies were within its discretion
c. for the employees, because they did not speak disparagingly about their employer
d. for the employees, because they spoke truthfully about an ongoing labor dispute
e. c and d

7. Which of the following would NOT be considered a concerted activity?
a. members of a union that meet to discuss problems with working conditions at their workplace
b. employees who are not members of a union that meet to discuss problems with working conditions at their workplace
c. a single employee that writes to a supervisor complaining about the refusal to grant her vacation time for the exact period of time she requested
d. a single employee that writes to a supervisor complaining about the frequently malfunctioning air conditioning and extreme indoor heat at an assembly plant
e. c and d

8. In Northeast Beverage Corp v. NLRB, an employer announced that it was going to close a union facility, and entered into negotiations with the union. Six drivers learned of an upcoming meeting, met over coffee to formulate their questions, and went to the site of the meeting. A union official told them to return to work, but the drivers insisted, and eventually were able to introduce themselves to the management representatives. They returned to work after having been gone for 3 hours, but were fired for being absent without authorization. The NLRB ruled in favor of the drivers, and the employer appealed. On appeal, the court ruled:
a. for the employer, since the employees essentially walked off the job during working hours without authorization, which is not a protected concerted activity
b. for the employer, since its representatives had met with the employees, so they had complied with their obligations
c. for the drivers, since they had a right under the NLRA to engage in protected concerted activity
d. for the drivers, because although they were able to introduce themselves to the management representatives, no actual discussion or negotiation took place

9. Non-employee organizers:
a. have no rights under the NLRA and can be barred from entering workplaces
b. must be allowed to speak with employees during non-work times and in non-work areas
c. must be allowed into workplaces if the majority of employees desire their presence
d. can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist
e. none of the above

10. Which of the following is a criterion used by the NLRB to determine that an appropriate bargaining unit exists?
a. the percentage of employees who have signed authorization cards
b. whether employees are paid at the same rate and/or under a reasonable and logical pay scale
c. whether professional employees would be mixed with non-professional employees against their will
d. all of the above
e. none of the above

11. Which of the following is true regarding NLRB representation election procedures?
a. the NLRB will not order an election unless at least 50 percent of employees have signed authorization cards
b. no more than two elections will be held in the same year for the same group of employees
c. if an employer commits an unfair labor practice within the week before an election is held, the NLRB will certify the union, regardless of whether it receives a majority of votes
d. if an election is ordered, the employer is required to provide the NLRB, within seven days, a list of names and addresses of all employees in the bargaining unit
e. none of the above

12. Which of the following is true regarding grievances?
a. they can be filed by individual employees and may be pursued by the individual
b. they can only be filed by the union on behalf of the individual
c. if the grievance cannot be resolved, either the union or the individual can decide to take the case to arbitration
d. if the grievance cannot be resolved, either the union or the individual can decide to take the case to mediation

13. Union security provisions:
a. are unlawful under the NLRA because they require employers to discriminate against employees who do not support their unions
b. are unlawful in states that have “right to work” laws
c. require that employers recognize and negotiate with the unions chosen by their employees
d. require that employees financially support all union activities, regardless of any objections the employees might have to doing so
e. none of the above

14. The duty to bargain in good faith:
a. requires both employers and unions to eventually reach agreement in their negotiations
b. requires that any issue raised by either the employer or union must be negotiated
c. requires that employers supply unions with information relevant and necessary to bargaining effectively
d. all of the above
e. none of the above

15. Under the NLRA, employees who go on strike:
a. can be terminated, but only after they are given an adequate opportunity to return to work
b. can be terminated, but only if the strike is an economic strike
c. can be permanently replaced, but only if the strike is an unfair labor practice strike
d. can picket their employer and any other firms that do business with the employer
e. none of the above

16. Protection of concerted activity may be lost if which of the following occurs?
a. insubordination which is grounds for discharge
b. the number of employees is reduced so that the NLRA no longer applies
c. a serious disagreement between labor and management
d. none of these
e. all of these

17. Regarding the Employee Free Choice Act, it is correct to say:
a. that the law has the support of both labor and management
b. that the law has the support of management, but not labor
c. that the law is unlikely to pass
d. none of these

18. You have just been hired as the new Assistant Human Resources Manager at your firm, having worked your way up from the factory floor to the administrative suite. During your briefing for the new job, you are told that the firm has learned that its employees are attempting to unionize, a move which the firm has vowed to fight. As part of that effort, your boss, the HR Manager, has asked you to privately talk to some of your former co-workers on the factory floor to see what their thinking is, to learn about how many are in favor of unionizing, who, specifically, is supporting it, and what might make them change their minds. Among the things they want to know is what would work better – threats of reprisals against those supporting a union, or promises of benefits to those who oppose it. You are eager to do well at your new job, but you see some problems with these requests. Of the following choices, what should you do?
a. do as they ask; none of it is illegal
b. tell them you can’t do what they ask because it is illegal
c. tell them you would be glad to talk informally with your former co-workers to find out their attitudes about unionization and why this has come up, but that speaking about reprisals and benefits would be an unfair labor practice

19. Which of the following factors is relevant to a determination of an “appropriate bargaining unit?”
a. similarity of skill
b. interrelationship of tasks
c. common supervision
d. common salaries
e. all of these are relevant
f. a through c only

20. Regarding representation election procedures, which of the following statements is/are true?
a. at least 50% of the employees in a bargaining unit must sign authorization cards
b. an employer may recognize a union only if at least 50% of the employees in a bargaining unit have signed authorization cards
c. if an election is ordered, the employer must provide to the union names and addresses of employees within 7 days
d. the time between when an election is ordered and when it takes place is the time of least scrutiny of the activities of the employer and the union

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must not create or control “company unions.”

b. Employers should not respond to union organizing efforts by raising wages or making other unscheduled changes in employment benefits.

c. Employers must abide by the terms of labor agreements when making human resource decisions regarding their unionized employees.

d. Employers should not establish informal practices of conferring benefits and privileges not specified in labor agreements.

e. If individual employees wish to present their own grievances, their union must be notified and given the opportunity to be present at any meetings about the grievances.

2. What must be proven in order to establish a prima facie case of discrimination by the NLRB?

CHAPTER 15
OCCUPATIONAL SAFETY AND HEALTH
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The minimum level of safety that employers are required to provide is defined through:
a. standards created by OSHA
b. standards created by employers
c. the general duty clause
d. a and c

2. To prove a violation of an OSHA safety standard, the claimant must establish that:
a. an applicable standard exists
b. the standard was not complied with
c. one or more employees were exposed to the hazard
d. the employer knew or should have known of the hazard
e. all of these

3. The general duty clause covers:
a. an employer’s duty to act carefully in structuring the workplace
b. an employer’s duty to be free from negligence
c. hazards for which no specific standard exists
d. all of these
e. a and b only

4. OSHA prioritizes inspections, recognizing that this situation is most urgent:
a. the aftermath of serious accidents
b. situations where there is imminent risk of serious harm or death
c. responses to employee complaints
d. all of these

5. State workers’ compensation laws:
a. apply to injuries that occur in the course of employment
b. provide medical care and rehabilitation, and partial replacement of income
c. are the exclusive remedy for employees injured on the job
d. b and c

6. Match each term to its correct definition.

The OSH Act governs safety in private sector workplaces
Permissible exposure limit the maximum exposure to a hazard allowable under the OSH Act
Cost-benefit analysis an examination of the cost to employers to comply with ah OSH safety standard compared to the economic value of expected improvement in worker health
Experience rating an employer’s track record regarding the number of injuries that have occurred in its workplace
Arising out of employment a requirement for worker’s compensation that refers to the job-related activities leading to an employee’s injury or illness

CHAPTER 15
OCCUPATIONAL SAFETY AND HEALTH
MULTIPLE CHOICE

1. A principal objective of the Occupational Safety and Health Act is ____________:
a. compensating employees for injuries and illnesses that occur on the job
b. preventing injuries and illnesses on the job
c. promoting healthier life styles for employees
d. all of the above
e. none of the above

2. By law, employers must arrange workers’ compensation coverage for their employees.
They may do this by any of the following except:
a. contributing to state workers’ compensation funds
b. contributing to federal workers’ compensation funds
c. self insuring
d. purchasing coverage from private insurers
e. any of the above methods would be acceptable

3. Which of the following is true of OSHA’s permanent standards?
a. they must be followed without exception
b. they apply to firms in all industries
c. they are adopted only after a lengthy process of public hearings and documentation
d. all of the above
e. none of the above

4. Which of the following is NOT true regarding the enforcement process under OSHA (the
Act)?
a. inspectors do not issue citations to employers when they find violations
b. copies of citations received must be posted in the workplace near the sites of the violations
c. employers are not required to correct violations until after their appeals have been decided
d. OSHA inspections are generally unannounced and the employer is required to allow the inspector access as long as the inspector shows proper credentials

5. Which of the following is an element needed to establish a violation of the general duty clause?
a. a potential hazard exists which was known in the industry
b. the employer acted with intent in allowing the hazard to exist
c. feasible means exist to abate the hazard
d. all of the above
e. none of the above

6. In R. Williams Construction Co. v OSHRC, a trench collapsed at a construction site, killing one worker, and severely injuring another. A hydraulic jack supporting the wall had been removed, and the walls of the trench were not sloped, as required by OSHA regulations. The construction firm argued that, although it did not know what the OSHA requirements were, its employees had much work experience and common sense, and they talked about safety “all the time.” The OSHRC ruled:
a. for the employer, because of the several years of experience of its workers
b. for the employer, because the employees frequently talked about safety
c. for the workers, because there was a death and a serious injury
d. for the workers, because OSHA regulations applied, and it is not a defense that the firm did not know about OSHA regulations

7. Ergonomic hazards _______________:
a. are partially addressed by OSHA’s ergonomics standard
b. have been addressed under the general duty clause
c. are not currently regulated due to inadequate knowledge of their causes
d. are not currently regulated because ergonomics is not a recognized and authoritative field
e. none of the above

8. Which of the following is true regarding safety and health inspections?
a. inspection sites are always chosen at random
b. OSHA has the authority to enter and inspect all workplaces, regardless of employer objections
c. in about half of the states, inspections are conducted by state agencies rather than by OSHA
d. all of the above
e. none of the above

9. Regarding Workers’ Compensation, which of the following statements is correct:
a. generally, workers’ compensation is an injured employee’s exclusive remedy
b. pursuant to workers’ compensation, the employer gives up its right to defend against liability for employee injuries with the Fellow Servant Rule
c. pursuant to workers’ compensation, the employer gives up its right to defend against liability for employee injuries with assumption of the risk
d. none of the above is correct
e. all of the above are correct

10. Employees who walk off the job due to dangerous conditions may be protected under OSHA (the Act) if:
a. there has been an inspection and OSHA has validated the claim that dangerous conditions exist
b. the employer has been informed of the hazard and does not correct it
c. there is a specific OSHA standard that applies to the hazard
d. all of the above
e. none of the above

11. Which of the following is true of OSHA reporting and recording requirements?
a. employers with fewer than 50 employees are generally exempt from recording injuries and illnesses
b. all injuries or illnesses must be reported to OSHA within 6 days of their occurrence
c. injuries that result in death or the hospitalization of three or more employees must be reported to OSHA within 8 hours of their occurrence
d. all of the above
e. none of the above

12. Which of the following is true of workers’ compensation?
a. employees are compensated for workplace injuries and illnesses as long as the employer’s negligence played a part
b. experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer
c. because employees are hurt through no fault of their own, workers’ compensation is designed to replace all of the income lost due to inability to work
d. employers can always avoid paying workers’ compensation if it can be shown that the employee’s own careless actions contributed to the injury
e. none of the above

13. Which of the following agencies was NOT created by the Occupational Safety and Health Act?
a. The Occupational Safety & Health Administration
b. The Occupational Safety & Health Review Commission
c. The National Institute of Occupational Safety & Health
d. The National Institute of Mental Health

14. Regarding OSHA inspections, which of the following statements is NOT correct?
a. most enforcement actions derive from employee complaints and OSHA inspections
b. most inspections are unannounced
c. if an emergency exists, OSHA has the right to enter a workplace without a warrant
d. OSHA routinely visits each workplace annually
e. none of the above

15. A woman wrenched her back participating in a limbo contest on the weekend. Feeling better, she went to work at her job as a secretary on Monday. Lifting a box of copier paper, she experienced severe back pain and needed immediate medical attention. She was off from work for two weeks due to the injury and filed a claim for workers’ compensation. If her employer contested the claim, the most likely outcome of the case would be:
a. denial of the claim because the injury did not occur in the course of employment
b. denial of the claim because, under the usual exertion rule, the injury did not arise out of employment
c. granting of benefits because, under the usual exertion rule, the injury arose out of employment
d. granting of partial benefits due to the pre-existing injury

16. The best thing an employer can do to avoid OSHA violations is:
a. take steps to prevent workplace injuries
b. create a comprehensive workplace safety program
c. be proactive in assessing workplace hazards
d. all of these

17. You are an administrative clerk in the Human Resources Department of a construction firm. You are aware that there have been several injuries on the job site in the past two months, some of them serious, and know that reports are supposed to be filed with OSHA reporting serious injuries. The HR manager has been complaining bitterly about OSHA, especially since they have done inspections at your firm’s job sites twice in the last year, and has made comments like, “It’s none of their damned business if one of our guys is stupid enough to get hurt.” It is one of the tasks of the Assistant HR Manager to file reports of serious job accidents, but she has suddenly resigned. You are asked to temporarily take her place. You do so, and discover in her desk drawer, paper-clipped together, the reports of serious injury which have been prepared over the past 3 months, but not sent to OSHA. Considering your duties and your legal protections, which of the following would be your best option?
a. send them in an overnight package to OSHA immediately, but say nothing; (maybe they’ll think she sent them in)
b. send them in an overnight package to OSHA immediately, but tell the HR Manager that you have sent in the reports so as to comply with the law
c. tell the HR Manager that you found the reports, and ask what he wants you to do; (you know what answer you’ll get)

18. You work in a large office in the “bullpen,” a large open area of desks, chairs and computers, where about 50 people work, separated only by low-level cubicle walls. In this area, several teams of people work together on different projects. Lately, there have been a lot of pranks played by one rowdy team upon another team (not yours), which have escalated. Yesterday, someone lowered the seat of a worker’s chair while he was out of his cubicle, and when he returned and attempted to sit down, he fell and injured his back. You believe this conduct needs to stop, but management has so far ignored the situation. What should you do and why?
a. do nothing; if you report this conduct, you’ll be ostracized by your co-workers; besides, its harmless horseplay
b. report the behavior to management, telling them about the potential for more serious injuries, and asking them to take steps to stop it
c. report the behavior to OSHA, and ask for an inspection; OSHA can’t reveal your name, so no one will know (though the company may get in trouble)

19. Your office is being expanded, which is good, but the noise of construction is bothering some workers. Some complain of headaches, others of hearing problems. If you are the Safety Director for the firm, which of the following would you recommend as the best remedy?
a. the firm should supply earplugs to the office staff, and try other means to reduce noise from the construction site
b. the construction firm should be ordered to work more quietly
c. those who are suffering from hearing problems and headaches should go home
d. all of these

20. The elements of a specific violation of OSHA regulations include all of the following EXCEPT:
a. an applicable standard exists
b. the standard was not complied with
c. one or more employees were injured by the hazard
d. the employer knew or should have known of the hazard

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must provide employees with employment and places of employment free from recognized hazards that are causing or likely to cause death or serious physical harm to employees

b. Employers must allow OSHA inspectors to enter the workplace and conduct inspections, but can insist that the agency first obtain a warrant

c. Firms using workers from contract companies should ensure that those companies have provided workers’ compensation for those workers

d. Employers should require that employees report all injuries that occur in the workplace as soon after they occur as possible

e. Light duty assignments should be available and considered for employees who have been injured on the job and who are not yet capable of performing their regular jobs

2. Workers’ compensation requires that for an injured employee to be eligible for benefits,
they must be injured arising out of and in the course of employment. Questions
frequently arise when the injury is caused by the employee’s misconduct or the misconduct of a fellow worker. Discuss how employee misconduct is looked at when
determining whether an injured employee is eligible for benefits.

CHAPTER 16
PERFORMANCE, TRAINING, APPRAISALS AND DEVELOPMENT
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Regarding performance appraisals, it is correct to say that:
a. employers have a duty to conduct performance appraisals
b. employers do not have a duty to conduct performance appraisals
c. courts will not recognize a claim for a negative appraisal which was deserved
d. b and c

2. When an employee suffers the loss of an employment opportunity and alleges discrimination, but the employer alleges poor performance, these become important:
a. performance appraisals
b. hazard communication standards
c. apprenticeship programs
d. development

3. Employers must provide training to:
a. all employees
b. al employees who are exposed to certain hazards
c. new employees
d. all of these
e. a and b only

4. If an employer fails to train an employee, knowing that he is without necessary skills and may injure others, and someone is injured, that person states a claim for:
a. negligent hiring
b. negligent background check
c. negligent training
d. none of these

5. Under the Fair Labor Standards Act, most training must be:
a. held on site
b. compensated
c. uncompensated
d. none of these

6. Match each term to its correct definition.

Performance appraisal a review of an employee’s performance
Performance criteria standards used to judge an employee’s performance
Training programs that teach employees how to do their jobs, or improve their skills
Right to know the idea that employees have the right to receive information about the dangerous chemicals they encounter on the job
Apprenticeship program it typically combines classroom instruction with work under the guidance of an experienced co-worker

CHAPTER 16
PERFORMANCE APPRAISALS, TRAINING, AND DEVELOPMENT
MULTIPLE CHOICE

1. Which of the following is true regarding performance appraisals?
a. most employers are legally required to conduct performance appraisals
b. employers may appraise some employees randomly and not others
c. performance appraisals are key pieces of evidence in many discrimination cases
d. an inaccurate performance appraisal, standing alone, always creates liability for the employer

2. Under the ADA, performance appraisals for disabled persons:
a. cannot hold disabled persons to the same standards of performance as non-disabled persons
b. cannot consider any difficulties performing non-essential job functions
c. should assess job performance both with and without any reasonable accommodations
d. are not permitted because of the inherent disadvantage that certain disabled employees have when compared to non-disabled employees

3. You are the judge hearing a Motion for Summary judgment filed by an employer in the case of an employee who has been terminated. The employee was the sole African-American customer service representative at the firm, who had a lengthy record of good evaluations. However, she received more negative evaluations over a period of three years after a new supervisor was hired, though the more stringent requirements applied to her were not applied to white employees. After 3 years, the employee was then selected for termination in a downsizing based on the previous 3 years’ evaluations. Based on this evidence, what should you decide?
a. you should grant summary judgment for the employer because the termination was based on performance appraisals rather than race
b. you should grant summary judgment for the employer because a discrimination claim based on performance appraisals going back three years was no longer timely
c. you should allow the employee to go to trial because African-Americans disproportionately received low performance ratings in this company
d. you should allow the employee to go to trial because the termination was based on performance appraisals that were tainted by consideration of the employee’s race
e. none of the above

4. In question # 3 above, evidence is introduced that the statute of limitations for filing an EEOC claim is 300 days in the state where the case was filed. Since the performance appraisals which were allegedly tainted by race were issued more than 300 years before the case was filed, the employer moves to dismiss the case, arguing that the statute of limitations has passed, the case has been filed too late. Based on this evidence, what should you decide?
a. the case should be dismissed because the statute of limitations has passed, and the case was filed too late
b. the case should be dismissed because the tainted evaluations triggered the employee’s right to file a cause of action, and the case should have been filed within 300 days of the first tainted performance appraisal
c. the Motion to Dismiss should be denied because the employee’s right to file a cause of action accrued when she was terminated, and not when a tainted performance evaluation was created
d. the Motion to Dismiss should be denied because the case of a termination based on tainted performance evaluations may be filed at any time

5. Performance appraisals:
a. should cite specific instances of good or bad performance
b. should never contain language strongly criticizing an employee’s performance
c. should consist primarily of numerical ratings because these are more objective
d. all of the above
e. none of the above

6. OSHA’s hazard communication standard requires:
a. specific content and methodology regarding the training of employees in hazards that they might reasonably encounter on the job
b. that employers maintain material safety data sheets for all hazardous chemicals used in the workplace
c. that employers provide employees with information about evacuation routes and other emergency procedures
d. all of the above
e. none of the above

7. The forced distribution method regarding performance appraisals consists of:
a. setting a schedule mandating when particular departments or divisions would be evaluated over an extended period of time
b. evaluating protected classes within departments separately so that consistency within these groups can be maintained
c. requiring that predetermined percentages of employees be placed into particular performance categories
d. banding of performance appraisal results to create equality and negate the effect of statistical inconsistencies in the evaluation itself which might have led to potential discrimination

8. In Hoffman v. Caterpillar, a disabled employee was refused the opportunity to train on a new machine because her supervisor believed that her disability would make it impossible to operate the machine with acceptable speed. The court held:
a. Under the ADA, failure to train is a materially adverse employment action that can be challenged as discriminatory
b. The employer engaged in disparate treatment, provided the employee can prove that she is able to operate the machine
c. The employer is not obligated to reasonably accommodate the employee in the training process because operating the machine is not required for her current job
d. all of the above
e. none of the above

9. Under Title VII, in cases of discrimination, punitive damages are:
a. available for intentional or unintentional discrimination resulting from ordinary negligence when an employer has violated an employee’s federally protected right
b. available only for intentional discrimination resulting from mere indifference when an employer has violated an employees federally protected right
c. available only for intentional discrimination resulting from malice or reckless indifference when an employer has violated an employees federally protected right
d. not allowed or available

10. Regarding performance appraisals, which of the following statements is NOT true?
a. courts will review contested performance appraisals to determine whether or not they are correct
b. negative performance appraisals, by themselves, do not prove discrimination
c. employees who conduct performance appraisals should be trained in how to conduct them
d. a biased negative appraisal may constitute disparate treatment
e. none of the above

11. Which of the following is NOT true regarding performance criteria and standards?
a. There is no requirement that they be communicated to employees prior to the appraisal of their performance if a job description is available
b. They must be applied consistently regarding employees, department and sections within the organization
c. They must be job related
d. They must be specific and objective

12. A 360 degree appraisal:
a. is conducted by the employee’s superior and that superior’s superior
b. is comprehensive and appraises performance, attitude and potential in a single evaluation
c. is conducted by other employees, at various organizational levels, as well as customers or other stakeholders that deal with the employee being appraised
d. is an appraisal that consists of a required number of positive and negative performance ratings (i.e. – three best and three worst attributes) in various performance proficiencies

13. The most common performance criteria used includes all of these EXCEPT:
a. punctuality
b. quality of work
c. willingness to work two jobs
d. leadership
e. all of these are commonly used

14. Which of the following statements regarding the timing of performance appraisals is true?
a. a negative performance appraisal given shortly before layoffs or terminations appears to be pretext
b. a negative performance appraisal given shortly after an employee has filed a charge against the employer appears to be retaliation
c. a positive performance appraisal given just prior to salary review may be grounds for raising an employee’s salary
d. all of these are true

15. Regarding the language to be used in performance appraisals:
a. the language, if negative, should be as forceful as possible to convey the negative evaluation
b. should be measured and professional, whether conveying a positive or negative appraisal
c. should use common terms, and pleasant language, so as to avoid claims of defamation
d. none of these

16. In Metty v Motorola,, a high-level manager consistently received positive performance reviews from her immediate supervisor for four years. She earned bonuses, salary increases, and was promoted to the senior leadership team. Some criticisms were made of her interpersonal relations with others, but these were not emphasized. After a change in management, top managers grew more critical of her. She was passed over for promotion, the promotion being given to a male with less experience. Responsibilities were taken away, and she was dropped from the senior leadership team. A new (never-again used) 9-point rating system was used, on which she earned the lowest possible score. The CEO said he wanted her out “legally,” and asked “How do we explain this to a jury?” Managers explained there was little support for her among them, and she did not “fit.” She sued for sex discrimination. On appeal, the court ruled:
a. for the employer, finding that the employee had failed to meet performance requirements
b. for the employer, finding that the employee was not discriminated against
c. for the employee, finding that she had met all performance standards, while the complaints against her were mostly subjective
d. for the employee, finding that she was entitled to the promotion she had sought

17. The “forced distribution method” of performance appraisals:
a. require that predetermined percentages of employees be placed into particular performance categories
b. often require that employees in the lower performance categories are subject to termination or are ineligible for bonuses and raises
c. may lead to claims of age, race or sex discrimination
d. all of these

18. As a new manager, you are delighted with your new job (and higher pay), but now it’s time for the annual performance appraisals of the staff you supervise. Worse, you have been directed to downsize your department by 10%. Many of your colleagues have offered you advice as to how to proceed. Among the following, which would NOT be good advice?
a. use a forced distribution method of performance appraisal, which will help you achieve a 10% cut in department staff easily, and avoid legal claims
b. as you conduct the performance appraisals, speak gruffly to each employee, in order to prepare them for possible termination
c. make clear that no matter how well they have done their jobs, it is no guarantee that they will survive the cut; don’t allow or answer any questions
d. none of these would be good advice
e. all of these would be good advice

19. You are the crew supervisor of a group of men and women who clean offices for commercial office buildings in downtown Manhattan. Few of them speak or read English, and part of your job is to give them their instructions in Polish and Spanish, as the case may be. Your Spanish is pretty good, but your Polish is rudimentary at best. The firm you work for, Commercial Cleaning, LLC, has just switched cleaning agents to a highly effective, but highly toxic cleaning agent for marble floors which is dangerous to humans and to the environment, and requires complex and special handling. You’re not even sure you could explain the instructions to the Spanish-speaking employees, let alone the Polish employees. You’ve raised the issue with your boss, who tells you not to worry about it. He said that even if the employees became ill by using the product, the illness would not show up for a long time, so there’s no way to connect it with the firm. He refuses to provide instructions translated into Spanish and Polish, or latex gloves which are required for its handling. You have a choice. You know that some actions would put your employer first, some would put yourself first, and some your crew. Of the following actions, which would put your crew first?
a. Do nothing. The decision is out of your hands.
b. Try the best you can to explain to your crew, using gestures and pantomiming, how to use the new cleaning agent, and recommend that they get gloves. Hope that no one becomes ill.
c. Get a translation into Spanish and Polish of the complex instructions. Pay for it yourself. You don’t want the consequences that might befall your crew on your conscience.
d. Report the firm anonymously using the OSHA hotline. Quit and get another job.

20. Regarding the Drug-Free Workplace Act, which of the following is NOT true? The Act requires that:
a. all employers adopt a drug-free workplace policy
b. employers with drug policies inform their employees about the dangerous associated with drug use
c. employers with drug policies provide counseling and rehabilitation
d. employers with drug policies advise employees about the potential penalties for drug violations

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. It is highly advisable for employers to conduct performance appraisals and to maintain credible, written documentation of performance

b. Global performance ratings should be avoided, unless they are derived by combining ratings on more specific criteria

c. Employers should be cautious in deciding whether to used forced distribution methods of performance appraisal

d. Time spent in training, even outside normal work hours, will usually have to be compensated

e. Employers that have contracts with the federal government must create and maintain drug awareness programs for their employees

rug Free Workplace Act – Makes this a requirement.

2. Professor Jonathan has applied for promotion and tenure at a local university. He is
required to compile a portfolio, evidencing his accomplishments and qualifications. This
portfolio is then evaluated by his Departmental Promotion & Tenure Committee, consisting of tenured departmental members, who makes a recommendation to the Department Chair. The Chair makes a recommendation to the Dean, who then makes a recommendation to the University wide P & T Committee. The University Committee is made up of various faculty members from throughout the university, some of whom know Jonathan and some of whom don’t. This committee makes their recommendation to the Provost who in turn makes a recommendation to the University President. The process ends when the President makes a recommendation to the Board of Trustees. Jonathan’s portfolio travels from level to level and is reviewed prior to each recommendation. However, Jonathan is not permitted to address any of the decision makers during their review. Assuming that you can’t change the number or order of steps in the review process, what are some of the concerns that need to be addressed in order to keep this system free from discrimination or question?

CHAPTER 17
PRIVACY ON THE JOB
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Regarding public employees and privacy, which of the following is NOT true?
a. they are protected from unreasonable searches and seizures by the 4th Amendment
b. they have a reasonable expectation of privacy at work
c. warrants are not required for workplace searches
d. all of these are true

2. Under common law, four different types of privacy torts are recognized. They include all of these EXCEPT:
a. intrusion upon seclusion
b. public disclosure of private facts
c. placement in a fraud light
d. appropriation of name or likeness

3. The Privacy Act applies to:
a. all employees
b. all federal employees
c. private employees
d. all of these

4. Regarding the Employee Polygraph Protection Act (EPPA), which of the following statements is NOT true?
a. the Act prohibits most polygraph testing by private employers
b. polygraphs can be used for ongoing investigations of theft
c. in the case of an ongoing investigation, all employees must take the polygraph
d. all of these are true

5. If an employee is falsely accused of wrongdoing, and that accusation is communicated to others, the employee may:
a. have a cause of action for intrusion upon seclusion
b. have a cause of action for discrimination
c. have a cause of action for defamation
d. none of these

6. Match each term to its correct definition.

Reasonable expectation of privacy whether, under the circumstances, a reasonable person would expect to enjoy privacy
Public disclosure of private facts a privacy tort claim in which plaintiffs must show that private facts of their lives of no legitimate concern to the public were widely publicized in a highly offensive way
Privacy Act regulates the handling of personnel records by agencies of the federal government and allows federal employees access
Ordinary course of business routine business activities, performed for legitimate business purposes, about which employees are notified
Intentional infliction of
Emotional distress a common law tort claim in which claimant must show an intent to harm, shocking or outrageous behavior not tolerable in a civilized society, and severe emotional harm

CHAPTER 17
PRIVACY ON THE JOB: INFORMATION, MONITORING, AND INVESTIGATION
MULTIPLE CHOICE QUESTIONS

1. A department store clerk learns that her employer has placed a hidden video camera in the employee changing room. If she sues, the claim would most likely be for:
a. violation of her 4th Amendment right to be free from unreasonable search or seizure
b. intrusion upon seclusion
c. public disclosure of private facts
d. false imprisonment
e. appropriation of a name or likeness

2. Regarding surveillance and video monitoring of employees, it is correct to say all of the following EXCEPT:
a. before surveillance or video monitoring of employees can take place, a search warrant must be obtained
b. surveillance and video monitoring of employees can take place in all places open to public view, without the need for a search warrant
c. all employees, public and private, have some reasonable expectation of privacy at work
d. none of these is true

3. Which of the following is an element of an intrusion upon seclusion privacy tort claim?
a. one party intentionally pries into the private affairs of another
b. the broad disclosure of private information to others
c. the use of private information by others for their own benefit
d. all of the above
e. none of the above

4. Conduct that is “outrageous” is required to establish:
a. a privacy tort claim
b. infliction of emotional distress
c. false imprisonment
d. malicious prosecution
e. none of the above

5. The Privacy Act requires:
a. that covered employers adopt written workplace privacy policies
b. that employees be informed if they are subject to monitoring or surveillance in the workplace
c. that medical records must be kept confidential and separate from personnel files
d. all of the above
e. none of the above

6. In Dietz v. Finlay Fine Jewelry, a store clerk who gave an unauthorized discount to a customer was interrogated by security personnel. The court held that:
a. her false imprisonment claim was properly dismissed because the employer had proof that she gave the unauthorized discount
b. she could go to trial on her defamation claim because false, damaging accusations were made in the presence of others
c. she could go to trial on her malicious prosecution claim because the employer pressed criminal charges against her
d. she could go to trial on her infliction of emotional distress claim because she was very upset by the interrogator’s questioning of her
e. none of the above

7. Regarding the right to privacy:
a. employees have a 4th amendment right to be free from unreasonable searches and seizures of their workplaces
b. common law privacy protections apply to public, but not private employees
c. whether an employee has a reasonable expectation of privacy is determined on a case-by-case basis
d. constitutional rights to privacy apply to private, but not public employees

8. Employers may conduct hidden video surveillance of employees:
a. in bathrooms and locker rooms if the employer suspects drug use or other illegal activities
b. in private offices because the office is part of the employer’s property
c. in the company parking lot
d. all of the above
e. none of the above

9 Amanda is an employee at a high end department store in the HR department and has
been in her office all day. After a pair of diamond earrings are found missing from the
jewelry department, Mike, the store manager has every employee in the store brought
together pursuant to an investigation. Which of the following is true?
a. because the missing items are extremely small, Mike can order Amanda into a room to be strip searched by Hilda, the head of security
b. Mike can go through the contents of Amanda’s purse as long as he doesn’t touch her physically
c. Mike can search Amanda’s desk
d. all of the above
e. none of the above

10. Under the Employee Polygraph Protection Act:
a. employees have a right to review all questions before the test begins
b. employees can be disciplined or discharged for refusal to submit to a polygraph
c. employees cannot terminate a polygraph exam once it has begun if they have voluntarily consented to the exam
d. all of the above
e. none of the above

11. The Electronic Communications Privacy Act:
a. prohibits the intentional interception of electronic communications
b. prohibits the monitoring of computer use by employers
c. prohibits the accessing of stored e-mail messages by employers
d. all of the above
e. none of the above

12. In Stengart v Loving Care Agency, the employee used a company laptop to communicate with her lawyer by means of a web-based, password-protected personal email program. She left the firm, returned the laptop, and sued for discrimination. Forensic experts recovered her emails from the laptop for the company, and its attorneys used the emails in discovery, telling no one what they had found. Plaintiff’s attorney discovered this, and demanded that these privileged communications be returned, which was refused. The trial court found that Plaintiff had waived her attorney-client privilege. The appellate court reversed, finding that the employer’s lawyers were guilty of misconduct. The Supreme court ruled:
a. for the employer, because the employee had waived her right to attorney-client privilege because of the company’s privacy policy, and the use of the company laptop
b. for the employer because the employee was not permitted to send personal emails on company time
c. for the employee, because the company’s attorneys had acted improperly
d. for the employee, because she had not waived her right to attorney-client privilege, and the company privacy policy did not address the use of personal web-based email programs

13. Which of the following torts has as a required element of proof, an intent to harm.
a. intrusion upon seclusion
b. public disclosure of private facts
c. placement in a false light
d. intentional infliction of emotional distress

14. Which of the following torts has as a required element of proof, the matter is not of legitimate concern to the public.
a. intrusion upon seclusion
b. public disclosure of private facts
c. placement in a false light
d. intentional infliction of emotional distress

15. Which of the following laws mandates that medical information obtained from current employees must be job-related and consistent with business necessity?
a. The Privacy Act
b. The Americans with Disabilities Act
c. The National Labor Relations Act
d. The Occupational Safety and Health Act

16. Under the OSH Act, records of an employee’s exposure to toxins must be kept for:
a. 5 years
b. 10 years
c. 20 years
d. 30 years

17. HIPAA applies primarily to:
a. health care providers
b. hospitals receiving Medicare payments
c. self-insured companies
d. all firms contracting with the federal government
e. a and c
f. none of these

18. Regarding the monitoring and surveillance of employees, an employer could legally place video cameras in which of the following locations?
a. employee rest rooms
b. at an employee’s computer workstation
c. at the front entry to the office
d. none of these

19. Your boss has told you that he suspects that his wife (whose desk is next to yours) is cheating on him, and having an affair with another man. Because your desk is next to hers, he has asked you to check her computer for evidence of this when she steps away from her desk, which she frequently must do. In the past, she has asked you to watch for urgent emails from customers and others while she was gone, and to page her, which you have done. So even if she came back unexpectedly and found you at her computer, it would probably not arouse her suspicion. Although you are reluctant to do this, he is your boss, and could make things difficult for you. What should you do?
a. Do it even though you’re reluctant to do so. You have nothing to lose and everything to gain. If it turns out she is having an affair, he needs to know, and if there’s no evidence of it, he will be relieved – and grateful.
b. Don’t do it, even though your boss will may not understand. Tell him that if the situation were reversed, that is, if she was asking you to spy on him, you wouldn’t do that, either. Tell him that this is a private matter, between him and her. Hope that he understands.

20. Regarding employer searches of employees at the workplace, which of the following is true?
a. generally, employers may conduct searches of employee workplaces, although obtaining consent is best
b. all such searches should be conducted in a reasonable manner
c. evidence obtained through searches must be handled carefully
d. all of these are true

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers should adopt workplace privacy policies

b. Employers should generally allow employees access to their personnel files and obtain their consent before disclosing information about employees.

c. Searches should be no more extensive or intrusive than necessary

d. Interrogations of employees suspected of wrongdoing should be kept as brief as possible

e. Employers should carefully consider whether or how to use third parties in workplace investigations

f. Information about employee misconduct derived from investigations should be treated as confidential and shared only with those who have a legitimate need to know

2. Jordan has just graduated and has started a new job as an investment banker. After her conditional offer of employment, she took a company required medical exam and then when she applied for company life insurance coverage, she was required to take a second medical exam. Although she is currently an avid cyclist and very healthy, in the past she had experienced certain problems. In her freshman year, she suffered through a problem pregnancy and a resultant still birth. As a result, she underwent an involuntary hysterectomy to save her life. She was devastated that at 19 years old she would never be able to have a child and suffered from depression. She underwent intensive psychological counseling for six months and is currently very well adjusted and other than some regret, she has accepted her fate. Both her demeanor and appearance are both normal and fit. She is however, a very private person and is concerned that her personal information could become public. What would you tell her about the laws that protect her?

CHAPTER 18
TERMINATING INDIVIDUAL EMPLOYEES
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The legal framework governing the termination of most private-sector non-union employees can best be described as:
a. employment at will
b. employment at will with exceptions
c. just cause, due process
d. none of these

2. The right of employers to terminate employees may be limited by which of the following?
a. employer policies
b. managers’ statements
c. handbook provisions
d. the right may be limited by all of these

3. Public policy would protect an employee fired for any of the following reasons EXCEPT:
a. an employee’s refusing to engage in illegal activity
b. an employee’s exercising a legal right
c. an employee’s reporting of illegal activity
d. an employee’s refusing to work overtime

4. The just cause/due process standard applies to:
a. public sector employees
b. most unionized employees
c. employees residing in Montana
d. all of these are true
e. a and b only

5. The human resource decision most likely to result in legal action is:
a. failure to hire
b. demotion
c. termination
d. none of these

6. Match each term to its correct definition.

Employment at will an employment relationship in which either party may sever the employment relationship at any time, for any reason not specifically prohibited by law
Constructive discharge an employer creates intolerable working conditions with the intention of forcing an employee to quit
Public policy exception an exception that allows an arbitrator’s decision to be overturned if it is contrary to a well-defined public policy
Performing a public duty actions taken in the public interest, though not specifically required
Progressive discipline a system in which successive violations earn increasingly more severe discipline

CHAPTER 18
TERMINATING INDIVIDUAL EMPLOYEES
MULTIPLE CHOICE QUESTIONS

1. In Dillon v. Champion Jogbra, Dillon claimed a wrongful discharge maintaining that
modifications of the employee manual created an implied contract negating the
employer’s claim that she was an at-will employee. The court said:
a. when the terms of a manual are ambiguous…or send mixed messages regarding an employee’s status, the question of whether the presumptive at-will status has been modified results in a presumption in favor of the employer
b. when the terms of a manual are ambiguous…or send mixed messages regarding an employee’s status, the question of whether the presumptive at-will status has been modified results in a presumption in favor of the employee
c. an employer may modify an at-will employment agreement unilaterally
d. an employer may only modify an at-will employment agreement bilaterally in agreement with the employee

2. Which of the following is a circumstance under which the public policy exception to employment at will is recognized?
a. termination for reporting illegal activity
b. termination for refusing to commit an illegal act
c. termination for exercising a legal right
d. all of the above
e. none of the above

3. Just cause is required for the discipline or discharge of unionized employees because:
a. the Constitution requires it
b. labor agreements require it
c. the National Labor Relations Act requires it
d. arbitrators prefer the just cause standard to employment at will
e. none of the above

4. The Montana Wrongful Discharge from Employment Act (WDEA):
a. requires the arbitration of all wrongful discharge claims
b. prohibits discharges that are not for good cause
c. requires that employers provide due process before discharging employees
d. all of the above
e. none of the above

5. The legal environment for public employees differs from private sector employment because public employees:
a. are covered by civil service laws
b. generally enjoy a property interest in their jobs
c. have speech and other substantive constitutional rights
d. all of the above
e. none of the above

6. An employment manual contains a notice and disclaimer that the employment is entirely “at will,” and also contains a progressive discipline system which recites an escalating series of notices and warnings before termination. If an employee is terminated immediately, and the progressive discipline system is not followed:
a. the termination is justified because the manual contains an “employment at will” disclaimer
b. the termination is not subject to legal redress because the manual contains an “employment at will” disclaimer, so the employer had a right to terminate employment without conditions
c. the termination is suspect because the progressive discipline system was not followed
d. the termination is suspect because the employment manual is ambiguous
e. two of the above

7. In a constructive discharge:
a. the employer provides feedback on performance problems that will help the employee in a future job
b. a quit is treated as a termination because circumstances forced the employee to leave
c. the employee will be able to sue for the tort of constructive discharge
d. the employee is fired after the employer has built or constructed a prima facie case for the employee’s dismissal

8. Which of the following is generally required to establish just cause for a termination?
a. due process
b. proof that a known rule was violated
c. consistent enforcement of the relevant rule or standard
d. all of the above
e. none of the above

9. Which of the following is required for a successful implied contract wrongful discharge claim?
a. a written contract signed by both the employer and the employee
b. a specific oral promise limiting employment at will
c. a clear and prominent written disclaimer
d. all of the above
e. none of the above

10. Over lunch, a manager at Microsoft says to another manager, “You know, just between you and me, it might not have been the worst thing in the world if the court had ordered the company to break-up. We really are too big.” The comment was overheard by another employee at the next table and passed on to higher-level managers. If the manager is fired for making the statement and she sues Microsoft, a court would most likely rule:
a. For the employee because she would be covered under whistleblower protection laws
b. For the employee because the company would be violating her First Amendment right of free speech
c. For the employee because her speech constituted protected concerted activity under the National Labor Relations Act
d. For the employer because her statements showed disloyalty to the company, for which she could lawfully be terminated
e. For the employer because she is employed at will and none of the exceptions to employment at will apply in this case

11. Due process includes:
a. a clear statement of charges by the employer
b. an opportunity for the employee to respond to those charges
c. an investigation into the facts of the case
d. all of the above
e. none of the above

12. Regarding the termination of individual employees, it is NOT correct to say that:
a. the rights of the employee will depend upon whether she works in the private sector or the public sector
b employers can effective avoid the legal consequences of termination by effectively (but not officially) discharging employees
c. the rights of the employee will depend upon whether he works in a facility that is unionized
d. the employer must follow the procedure for termination set down in the employee handbook

13. A salesperson makes a large sale for which she is entitled to a commission. To avoid making the payment, the employer terminates the employee. The legal claim that best applies to this termination is:
a. breach of the covenant of good faith and fair dealing
b. promissory estoppel
c. intentional interference with a contractual relationship
d. implied contract
e. infliction of emotional distress

14. Among the factors considered by the courts in determining whether a quit was actually a constructive discharge are all of these EXCEPT:
a. demotions
b. reductions in job responsibilities
c. reassignment to greater responsibility
d. badgering
e. reassignment to work under a younger supervisor
Answer: C

15. After a troublesome time with a new manager, an employee who had always had highly positive reviews returned from vacation to find that her desk had been cleared out, all of her belongings were in boxes, and her office was being used for storage. While she was on vacation, her new supervisor had called, asking where certain documents were located. When he found the employee’s answer unsatisfactory, the supervisor said, “Well, this is the last straw.” What is the best assessment of this situation?
a. the employee has suffered discrimination
b. the employee has suffered a constructive discharge
c. the employee has quit
d. none of these

16. A veteran teacher was told by a school superintendent that he would recommend that the school district not renew her contract at the end of the school year. Rather than contest the recommendation, the school teacher retired. What is the best assessment of this situation?
a. the employee has suffered discrimination
b. the employee has suffered a constructive discharge
c. the employee has quit
d. none of these

17. You are the HR Manager for your company. One of your employees has been actively involved in demonstrations at City Hall, protesting the city’s refusal to adopt any environmentally-friendly ordinances or practices. While at these protests, he is often wearing a company T-shirt, and you are concerned that news reports of the demonstrations will lead people to conclude that your company is protesting the city’s environmental policies, something which your Board of Directors has not authorized. You should:
a. give the employee a “warning,” the firs step in your employee handbook’s progressive discipline process, warning him that he must stop protesting
b. tell the employee that you do not approve of his conduct, and that it will be taken into account when he comes up for a raise of promotion
c. ask the employee to wear some other shirt while protesting, so that people don’t think your company is also protesting
d. terminate the employee
e. a and b

18. You have just been hired as the new HR Director of your firm, and have received a complaint and summons served by the sheriff, relaying the lawsuit filed by a former employee. As you read through the complaint, you can see that the employee himself wrote it (and not a lawyer), but think you recognize what your predecessor did wrong. It was this:
a. The employee alleges that he was offered a month’s severance pay in exchange for a release of claims against the company.
b. The employee alleges he was never told why he was being fired, and thinks it was because he is Irish. He claims discrimination based on national origin.
c. The employee alleges he was only given 2 hours to clean out his desk, while a security guard watched.
d. The employee alleges he was called into the HR manager’s office 4 times over the past 6 months, and given warnings that he was not performing satisfactorily. He alleges that this constitutes harassment.

19. An employee of a family-owned car dealership suffered an injury while lifting computer equipment on the job. The employee reported the injury to the HR department, and sought worker’s compensation benefits. The owner of the car dealership was convinced that the injury was actually incurred in a stockcar accident, and told a supervisor to get the employee to sign a form waiving his right to receive worker’s compensation for the injury. The supervisor (a brother of the owner) was told that if he didn’t get the employee (who happened also to be his son) to sign the waiver, both of them would be fired. A waiver was never signed, and both employees were terminated. They sued. All of the following are most likely true, EXCEPT:
a. The employee who was injured is exercising a legal right, and may not legally be terminated for doing so, based on the public policy exception to employment at will.
b. The employee who was asked to get a signed release for an on-the-job injury is refusing to perform an illegal act, and may not legally be terminated for doing so, based on the public policy exception to employment at will.
c. The owner of the car dealership is within his rights to try to reduce the costs to his company by whatever means he can.
d. The owner’s dinner table this Thanksgiving will likely be missing the owner’s brother and nephew.
e. all of these are true

20. This occurs when a party takes action in reliance on the promise of another, who then breaks that promise.
a. promissory estoppel
b. intentional interference with a contractual relationship
c. retaliation for an act supporting public policy
d. none of these

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Resignations should be documented in written resignation agreements that stipulate the voluntary nature of the resignation

b. Terminated employees should be provided with a clear and succinct statement of the reasons for their termination

c. Discipline should be administered in a consistent fashion

d. Unionized employers must communicate any significant changes in rules to employees and their union before enforcing those new rules.

e. Prior to termination, public employers must provide employees with notice of the charges against them, an explanation of the evidence, and an opportunity to respond.

f. Employers should incorporate disclaimers into employee handbooks and other documents defining the employment relationship

2. You are the Director of Human Resources for a medium sized company private company and have discharged Aimee, a 25 year old black at-will employee for poor work, constant tardiness, and taking longer breaks than authorized by company policy. She is not well liked by her fellow workers and her work is indeed slightly below satisfactory levels. Company files evidence numerous sub-standard reviews and that her conduct persisted despite numerous written warnings. You are confident that the company has proper cause to terminate Aimee whether she was at-will or not. When you call her into your office to notify her of her termination, she gets very indignant saying that her work is fine and that she’s not the only one late or abusive of break periods. She then asserts that she’s being singled out because of her sex and her race. She asks about severance pay and you notify her that there will not be any. Aimee then informs you that she is going to sue the company for wrongful termination based on discrimination and for severance pay. The company does not want Aimee to work there any more under any circumstances but does not want the cost or publicity that a law suit would bring. What would you suggest to possibly abate the law suit?

CHAPTER 19
DOWNSIZING AND POSTTERMINATION ISSUES
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Which of the following is generally true?
a. employers may go out of business
b. employers may close facilities
c. employers may reduce the number of people they employ
d. all of these are true

2. Generally, which of the following is/are true? The Worker Adjustment and Retraining Notification (WARN) Act:
a. prohibits large employers from ordering plant closings
b. prohibits large employers from ordering mass layoffs without a 60 day notice
c. prohibits large employers from closing facilities
d. all of these are true

3. Downsizing and Reduction in Force cases typically result in claims of:
a. race discrimination
b. age discrimination
c. sex discrimination
d. none of these

4. Employees who quit their jobs are:
a. eligible for unemployment insurance
b. not eligible for unemployment insurance
c. entitled to help in finding another job
d. all of these are true

5. Employers sometimes use which of the following means to control a former employee’s actions?
a. a non-competition agreement
b. lawsuits against former employees for divulging trade secrets
c. lawsuits against former employees for defamation
d. all of these

6. Match each term to its correct definition.

availability for work a requirement for receiving unemployment insurance
downsizing terminations of employment based on the employer’s determination that the number of positions needs to be reduced
plant closing Under the WARN Act, a shutdown of a single site of employment for 30 days for 50 full time employees
mass layoff Under the WARN Act, a reduction in force not caused by a plant closing for 30 days for 500 employees or 1/3 of the workforce, if 50 or more
unemployment insurance insurance intended to partially replace lost earnings for those who have been in the workforce

CHAPTER 19
DOWNSIZING, UNEMPLOYMENT INSURANCE, AND OTHER POSTTERMINATION ISSUES

MULTIPLE CHOICE QUESTIONS

1. Which of the following is true of a trade secret?
a. it derives economic value from not being known to others
b. the owner must take steps to preserve its secrecy
c. it must be registered with the government
d. a and b
e. all of the above

2. In Roquet v. Arthur Anderson, the plaintiffs sued for an alleged violation of the WARN Act’s notification provisions. Arthur Anderson defended by saying that they should not be held to the 60 day requirement because of the particular business circumstances in this case. The court said that:
a. the 60 notice obligation is eliminated if the layoff is caused by business circumstances that were not probably foreseeable
b. the 60 notice obligation is eliminated if the layoff is caused by business circumstances that were not reasonably foreseeable
c. the moment the Department of Justice informed the defendant that they were considering an indictment, the defendant had the obligation to notify its employees of the inevitable layoffs
d. when a company’s felonious misconduct is the cause of its financial difficulties, this negates the exception to the WARN notification requirements, and the company cannot claim that they were trying to avoid layoffs or “fighting to stay afloat”

3. Non-competition agreements:
a. are almost always enforced by the courts
b. will be enforced unless former employees can show that the agreements are overly broad
c. will not be enforced unless the former employer can show that they are no more restrictive than necessary
d. are less commonly used now than in the past
e. none of the above

4. Which of the following is a type of restrictive covenant?
a. non-competition agreement
b. non-solicitation agreement
c. all of the above
d. none of the above

5. To be eligible for unemployment insurance:
a. the employee must be involuntarily unemployed
b. the employee must be willing to perform any work that is offered
c. the employee must be available to work within 90 days of becoming unemployed
d. all of the above
e. none of the above

6. Imagine that you are the judge hearing a Motion for Summary Judgment. The case before you concerns the former Vice-President of Marketing at May Department stores, who has recently been hired by Victoria’s Secret. May Department stores has sued to enforce the non-competition agreement in which the VP agreed not to work for firms competing directly against May Department store. Both parties agree that both stores sell women’s intimate apparel, but to different ages of women, and to different customer bases. They also agree that about 8% of May’s business is women’s intimate apparel, while 98% of Victoria’s business is women’s intimate apparel. What should you decide?
a. even though both companies sell women’s intimate apparel, there is no meaningful or material competition between them
b. when both companies sell the same category of products, in determining whether the companies are in competition, the sale of the products is important, not the percentages of overall sales of the product
c. when both companies sell the same category of products, the fact that they both sell these products to women is important in determining whether the companies are in competition, not the ages of the women, nor the typical customer base

7. Legal issues concerning downsizing include:
a. the decision to downsize
b. the manner in which downsizing is implemented
c. prior notification of downsizing
d. the decision about which individuals to downsize
e. all of these
f. none of these

8. Changes in benefit plans are under “serious consideration” when:
a. top managers meet to discuss implementation of a specific plan
b. the employer has firmly committed to offering the revised benefit plan
c. information has been gathered regarding alternative plan options
d. all of the above
e. none of the above

9. Which of the following employees is most likely eligible for unemployment insurance?
a. Joe is fired for continually refusing to wear a hard hat in a restricted area in violation of company policy
b. Kathy quits her job because of a pervasive and continuing hostile environment
c. Mike quits his job as an English professor because he’s insulted that a new hire in Management is getting a higher salary than he does
d. all of the above
e. none of the above

10. Under the WARN Act:
a. large employers are prohibited from closing plants or laying employees off for the purpose of defeating unionization
b. large employers must give their employees three months (90 days) advance notice of plant closings and mass layoffs
c. large employers must provide outplacement services to employees affected by plant closings and mass layoffs
d. all of the above
e. none of the above

11. An employer decides to downsize to cut costs. It plans to eliminate 100 jobs out of 250 total jobs. The employer notifies the employees’ union representative on May 15. The layoffs will be effective May 30. If the employer’s action is legally challenged, a court would most likely decide:
a. For the employer because it is not large enough to be covered under the WARN Act
b. For the employer because there is no plant closing or mass layoff that would trigger the WARN Act’s requirements
c. For the employees because they did not receive individual notification as required by the WARN Act
d. For the employees because they did not receive the amount of advance notice of a mass layoff required by the WARN Act
e. For the employees because they did not receive severance pay as required by the WARN Act

12. An employer who closes the business rather than deal with the union his employees have formed:
a. does not violate the National Labor Relations Act
b. violates the National Labor Relations Act if it can be proven that the motive was hostility toward unionization
c. must bargain in good faith with the union before deciding to go out of business
d. is required under the WARN Act to give the employees 60 days notice

13. A 55 year old supervisor who has always received good performance appraisals is downsized. Two younger (42 and 45 year old) supervisors from the same department, whose performance had been rated lower, were nonetheless retained. The employer says that it had to save money and that the older supervisor earned considerably more money (he did). If the termination is legally challenged, a court would most likely decide:
a. For the employer because employee could not establish a prima facie case of age discrimination under the ADEA
b. For the employer because the employees retained were also over 40 years of age
c. For the employer because it had a lawful, non-discriminatory motive for the termination
d. For the employee because the employer has engaged in disparate treatment based on age
e. For the employee because salary level is a neutral criterion that creates adverse impact against older employees

14. Which of the following laws has the most exacting requirements for a valid separation agreement?
a. The Age Discrimination in Employment Act
b. Title VII
c. The Older Workers Benefit Protection Act
d. The Americans with Disabilities Act

15. In Cotter v. Boeing, a 52 year old employee with 34 years on the job was downsized during a RIF. On a new performance scale prepared for the RIF, the one item at which she excelled was eliminated, and she scored badly, compared to a younger worker with less experience. The younger worker was retained. Earlier that same year, her supervisor had rated her as “doing a great job.” She sued under the ADEA, and the trial court entered Summary Judgment against her. On appeal, the court ruled:
a. for the employer, because the employee scored poorly on the performance scale
b. for the employer, because the employee had not conclusively proven that she was terminated because of her age
c. for the employee because she had proven age discrimination in her termination
d. for the employee, because she had raised material questions of fact, so that summary judgment was reversed, and the case remanded for trial

16. Regarding early retirement incentives, all of the following are true EXCEPT:
a. early retirement incentives are discriminatory if based on age
b. early retirement incentives may be offered to employees above a certain age, for example, age 55, but not, for example, also to those between 40 and 45
c. early retirement incentives are a legal way to reduce the workforce
d. early retirement incentive may be used to reduce the number of highly-paid employees

17. Regarding the bankruptcy filing of an employer, which of the following statements is NOT true?
a. employees are secured creditors
b. employees are unsecured creditors
c. employees as creditors stand high in priority in a Chapter 11 bankruptcy filing
d. none of these is true

18. With regard to unemployment insurance, which of the following statements is true?
a. only workers who have been fired are eligible for unemployment insurance
b. only workers who quit are eligible for unemployment insurance
c. only workers who are involuntarily terminated are eligible for unemployment insurance
d. employers should routinely context all claims for unemployment insurance

19. Because of the worsening economic situation, your firm needs to drastically cut back, and downsize up to 40% of its workers. The firm has a reputation and tradition of being a firm that rewards the good skills and loyalty of its workers, and many have been with your firm for more than 30 years. The firm has been in your family for more than 100 years, and you are the 3rd generation CEO. Frankly, what would help the most is to lay off all of those workers who are earning in excess of $80,000/year, retaining those who are earning between $40,000 and $50,000/year. That would reduce your overhead dramatically (and your health insurance costs). But almost all of the workers who earn in excess of $80,000 are age 50 or over, and unlikely to ever find comparable jobs elsewhere. Which of the following options would be consistent with your firm’s core values and its long-term survival?
a. downsize all workers making in excess of $80,000/year; since salary is the only consideration, the action is legal
b. offer significant early retirement packages in exchange for a waiver of claims to workers earning in excess of $80,000/year; it may cost you in the short term, but it is consistent with your family’s legacy and the firm’s core values, and ultimately will help the firm’s long-term survival
c. do a targeted review of the skill sets of all employees, including those earning less than $80,000/year, to determine where there is an overlap and you can afford to let people go without damaging the firm’s knowledge and skill base; downsize the people who are earning the most in each skill set, whatever their ages
d. either b or c might be consistent with your core values and long-term survival

20. Regarding restrictive covenants, which of the following statements is NOT correct?
a. restrictive covenants help protect an employer’s business assets
b. restrictive covenants are upheld only for top level managers and CEOs
c. restrictive covenants attempt to curtain many types of competitive conduct
d. all of these are true

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Before outsourcing or relocating work to another plant, unionized employers must negotiate with their employees’ unions

b. Employers should have clear, objective criteria for deciding which employees to downsize

c. Whenever possible, employers should offer employees selected for downsizing the opportunity to transfer to other facilities.

d. Employers should be careful when executing waivers of legal claims in exchange for early retirement offers.

2. On occasion, disgruntled former and current employees use various means to level criticism against, or create embarrassment, with regard to their former or current employer. Employers in turn will file law suits to stop the employee’s communications. What effect do these employer lawsuits have?

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Chapters 8 Through 19

CHAPTER 8 AFFIRMATIVE ACTION
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Affirmative action is:
a. a quota system for minorities to overcome past discrimination
b. illegal
c. legal only if court ordered
d. none of these

2. Executive Order 11246 requires:
a. compliance with all other Executive Orders
b. inclusion of an anti-discrimination clause in a contractor’s contract
c. that publicly-traded companies hire women and persons of color
d. none of these

3. If the parties to a discrimination suit agree to settle, they may enter into:
a. a long term supplier contract
b. a court battle
c. conciliation services
d. a consent decree

4. Regarding “reverse” discrimination, it is correct to say that:
a. It is a controversial subject.
b. Usually a white person believes he was passed over because of affirmative action.
c. It has been the subject of lawsuits.
d. All of these

5. According to the EEOC guidelines, a good Affirmative Action Plan requires all of these EXCEPT:
a. a reasonable basis for concluding that action is appropriate
b. a reasonable self-analysis
c. reasonable action
d. a reasonable review of applicant files

6. Match each term to its correct definition.

Affirmative action a management tool designed to ensure equal employment opportunity
Strict scrutiny the most stringent form of judicial review of government actions
Self-analysis analyzing one’s workforce and identifying problem areas
Compelling governmental interest an abiding interest which stands as a defense to a constitutional challenge
Underutilization this is demonstrated when the percentage of women and minorities in the employer’s workforce is less than the percentage of such persons with the necessary skills for the job

CHAPTER 8
AFFIRMATIVE ACTION
MULTIPLE CHOICE QUESTIONS

1. When individual job titles are listed for each department in order of pay level and demographic information is provided for each job, this is called a/an:
a. workforce analysis
b. organizational profile
c. job group analysis
d. organizational display

2. Affirmative action:
a. is primarily applied to hiring decisions
b. is limited to African-Americans and women
c. includes any formal or informal efforts to improve the employment opportunities of African-Americans and women
d. all of the above
e. none of the above

3. Written affirmative action plans, submitted to the OFCCP, are required of contractors or
subcontractors:
a. with 10 employees and $10,000 in federal contracts
b. with 25 employees and $25,000 in federal contracts
c. with 50 employees and $50,000 in federal contracts
d. with 100 employees and $100,000 in federal contracts
e. none of the above, all companies doing federal contract work must have written affirmative action plan that is submitted to the OFCCP

4. Which of the following is a law requiring certain employers to engage in affirmative action?
a. Title VII of the Civil Rights Act
b. The Rehabilitation Act
c. California’s Proposition 209
d. all of the above
e. none of the above

5. Which of the following is not considered to be a reasonable part of a valid affirmative
action plan?
a. all employment test scores are validated
b. a stated plan to hire a particular number of black, white, male, female…etc. employees in order to remedy an existing imbalance or injustice
c. wide communication of job availability
d. active enforcement of anti-discrimination policies
e. active enforcement of anti-harassment policies

6. Consent decrees:
a. sometimes require affirmative action as a part of the settlement in a discrimination case
b. are issued by judges after a jury verdict following a lawsuit
c. require employers to agree to hire specified numbers of women and/or persons of color
d. all of the above
e. none of the above

7. In Johnson v. Transportation Agency, Santa Clara County, a female employee was promoted to the position of road dispatcher, despite the fact that a male candidate had scored two points higher on an interview. The county had an affirmative action plan and the plan was taken into account in making the promotion decision. The Supreme Court ruled that:
a. the employer did not violate Title VII because it had an affirmative action plan requiring it to hire a woman for the position
b. the employer did not violate Title VII because it had an affirmative action plan that addressed the proven underutilization of women in a moderate, flexible way
c. the employer violated Title VII because, despite its affirmative action plan, it was not free to hire a less qualified candidate because of her sex
d. the employer violated Title VII because there was no evidence of underutilization of women in the county workforce, requiring affirmative action
e. none of the above

8. A school district had to decide which of two equally qualified, equally senior employees to lay off. Invoking its affirmative action plan, the district retained an African-American and laid off the white teacher. The court would rule that:
a. Title VII was violated because there was no evidence that African-Americans were underutilized as teachers and affirmative action cannot be used to make layoff decisions
b. Title VII was violated because diversity is not a compelling government interest necessitating consideration of race
c. Title VII was not violated because using race as a “tie-breaker” is a lawful form of affirmative action
d. Title VII was not violated because the school district demonstrated that the layoff was the only way to maintain a faculty that reflected the racial composition of the student body
e. Title VII was not violated because the layoff was only temporary and did not excessively burden the white teacher

9. To survive a constitutional challenge, a public employer’s affirmative action plan that uses racial preferences must:
a. explain why the racial inequities occurred
b. be permanently implemented
c. be narrowly tailored
d. be approved by Congress
e. all of the above

10. In order to prove that underutilization exists, it must be shown:
a. by the four-fifths rule, that women or persons of color are disproportionately absent from a position
b. that women or persons of color are underrepresented in the employer’s workforce relative to their availability in the relevant labor market
c. that intentional discrimination is the reason that women and persons of color are not adequately represented in the employer’s workforce
d. all of the above
e. none of the above

11. Vietnam era veterans are included as a protected group under affirmative action:
a. when employers enter into federal contracts or subcontracts worth $10,000 or more
b. when employers enter into federal contracts or subcontracts worth $25,000 or more
c. when employers enter into federal contracts or subcontracts worth $50,000 or more
d. automatically in any federal contract regardless of size

12. In Lomack v. City of Newark, the newly elected mayor decided to eliminate all single-race fire companies to improve morale. Dozens of firefighers were involuntarily transferred based on their race, and several sued, alleging a violation of Title VII. At the time, the city was operating under a consent decree requiring that it undertake certain measures to hire minority firefighters. What did the court decide, and what was its reasoning?
a. because of the consent decree, the city was compelled to diversify its fire companies, so the transfers complied with affirmative action, and did not violate Title VII
b. because its overall goal was to treat all firefighters equally, the transfers did not violate Title VII
c. even though the consent decree required certain affirmative steps to hire minority firefighters, it was permissible under Title VII
d. the decisions to transfer were based on race, in violation of Title VII, and the consent decree did not require or condone such transfers

13. In Reilly v. TXU Corp, an employee sought promotion to manager. Requirements for the job included a graduate business degree and 5 to 7 years of sourcing-related experience. The employee met the requirements, and received the highest score on a panel interview. Shortly after, the promoting manager received an inquiry from an African American woman. The HR Department determined that the woman was qualified, even though she did not have 5 years of sourcing experience. She received the promotion, and the employee sued. Which of the following statements is true?
a. the African-American woman was qualified, and met the requirements for the position
b. the hiring manager’s decision may have been influenced by the fact that she was in charge of the firm’s diversity program, but had no minority employees working for her
c. the employee and the African-American woman scored similarly on the interview
d. all of the above
e. none of the above
f. b and c only

14. Your company sells office supplies, and your CEO has finally succeeded in acquiring a contract to provide supplies to the federal government for the next year. This is a huge client for your company, worth in excess of $3 million dollars. Aside from increasing purchasing and production, what does your company need to do?
a. agree to hire a certain percentage of persons of color and women before the contract takes effect
b. prepare an affirmative action plan
c. not discriminate in your workplace
d. all of these
e. b and c

15. Court-imposed affirmative action is:
a. common
b. uncommon
c. non-existent; all affirmative action is voluntary
d. none of these

16. “Reverse” discrimination means:
a. establishing quotas for the hiring of women and persons of color
b. disparate treatment
c. disparate impact
d. none of these

17. Your firm’s contract to sell office supplies to the federal government requires that you hire only subcontractors who agree not to discriminate, and include a nondiscrimination clause in their contracts with you. You’ve done a thorough investigation of the firms out there who could fulfill your needs for particular office supplies, and there is one who is significantly less expensive than all of the others. However, that firm has a well-known reputation for discriminating against African-Americans. Your profit margin is already quite small for this project, and you worry about making any money at all. Which of the following is/are acceptable option(s), and why?
a. hire the firm that’s cheaper, even though they discriminate, because they’ll agree to put the clause in their contract, and that’s all you need; besides, you can’t afford to lose the government business
b. don’t hire the firm that’s cheaper, because it would disqualify your firm from the government contract if the government found out
c. talk to the firm that’s cheaper, and try to persuade them to actually comply with a non-discrimination standard; then monitor the situation to ensure that they do, because its in both your interests
d. negotiate with other, non-discriminating suppliers on their prices to see if you can match the price of the discriminating supplier
e. b, c and d

18. Your friend and former college roommate, David, has just been hired to manage a small, family-owned business because the owner has fallen ill, and none of his children are yet ready to assume leadership of the business. David has hiring and firing authority (except for the owner’s children), and wants to expand and diversify the sales staff, by hiring women and persons of color. There are 3 openings. What would be your best advice to him to accomplish his goals?
a. David should hire the only qualified women and/or persons of color, in order to achieve diversity
b. David should prepare an affirmative action plan, after doing a self-analysis which establishes an underutilization of women and persons of color in the relevant labor market, and then advertise the open positions
c. David should hire the first qualified candidates he finds, regardless of gender or race
d. none of these would be good advice

19. Affirmative action may be used on behalf of all of the following groups EXCEPT:
a. African-Americans
b. women
c. Pacific Islanders
d. disabled persons
e. none; affirmative action may be used for all of these groups

20. Regarding Affirmative Action plans, which of the following is true?
a. it may be used to remedy a “manifest imbalance”
b. the imbalance must meet the four-fifths rule
c. the imbalance must have resulted from past discrimination
d. all of these are true

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Federal contractors and sub-contractors with at least 50 employees and contracts worth at least $50,000 must develop written affirmative action plans addressing employment of women and minorities and submit them to the OFCCP within 120 days of their contracts commencing.

.

b. Employers wishing to consider protected class characteristics in order to enhance the utilization of women and persons of color must have valid affirmative action plans in place.

c. Employers should maximize the use of improvements in recruitment, selection, training, development, and organizational climate before considering hiring and promotion preferences.

d. Affirmative action must never be used as a basis for making discipline and termination decisions.

e. All affirmative action plans should include the results of a reasonable self-study, an analysis of underutilization establishing the basis for affirmative action, and reasonable actions to improve the utilization of women and persons of color.

2. There is a perception among some that affirmative action results in quotas and reverse discrimination. Discuss the justification for affirmative action and whether affirmative action indeed results in quotas and reverse discrimination.

CHAPTER 9 HARASSMENT
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Regarding harassment, which of the following statements is true?
a. Sexual harassment is the only kind of harassment.
b. Sexual harassment is the most common type of harassment.
c. The liability of the employer is the same no matter the type of harassment.
d. b and c

2. The necessary elements to establish a claim of harassment include all of the following EXCEPT:
a. The harassment was based on a protected class characteristic.
b. The harassment resulted in tangible employment action or created a hostile environment.
c. The harassment was welcome.
d. All of these are necessary elements of the claim.

3. Hostile environment claims can result from:
a. verbal conduct
b. physical conduct
c. displays of images
d. all of these

4. Employer liability for harassment may be avoided if:
a. The harassment resulted in a tangible employment action.
b. The employer took reasonable care to prevent and correct harassment.
c. The employee did not take advantage of corrective opportunities.
d. b and c

5. An employer’s remedies for a claim of harassment may include all of these EXCEPT:
a. immediate temporary action on receipt of a complaint of harassment
b. long-term remedial measures depending on the outcome of the investigation
c. a fair investigation, not one with a pre-determined outcome
d. a transfer of the harassed employee

6. Match each term to its correct definition.

severe or pervasive a hostile environment created by a serious one-time event or a frequent, continuing series of events at work
unwelcome not solicited or provoked
hostile environment this interferes with a person’s work performance
vicarious liability pursuant to this principle, the employer is liable for the acts of a harassing employee
investigation an examination of the circumstances surrounding events described in an harassment complaint

CHAPTER 9
HARASSMENT

MULTIPLE CHOICE QUESTIONS

1. Which of the following is true of harassment?
a. almost all harassment cases involve sexual harassment
b. harassment is legally actionable because it is a form of discrimination
c. harassment claims are rarely brought by men
d. a and b
e. all of the above

2. Which of the following is a necessary element of a sexual harassment claim?
a. the harasser intended to inflict emotional distress and embarrassment on the victim
b. the sex of the harasser differed from the sex of the victim
c. the harassment was unwelcome
d. the harasser made a sexual advance or requested a sexual favor
e. all of the above

3. In the case of “equal opportunity harassers” who harass both men and women, the courts tend to rule:
a. for the harasser, because the harassment is not because of sex
b. for the harasser, because harassment is not proven in that circumstance
c. for the victim of the harassment, because the harassment is because of sex
d. for the victim of the harassment, because harassment is proven generally

4. In the case in which a woman ended an affair with her male supervisor, and began to receive poor performance appraisals from him, the court ruled on her Title VII harassment claim:
a. for the woman, based on sexual harassment
b. for the woman, because of the affair
c. for the employer and supervisor because the poor performance appraisals were not the result of harassment, but of the relationship having gone sour
d. for the employer and supervisor because the poor performance appraisals were the result of the woman’s poor work performance

5. Regarding the “severe” or “pervasive” standard for assessing harassment cases, which of the following statements is NOT true?
a. to prove harassment, the plaintiff must show that the conduct complained of was both severe and pervasive, unless it occurred outside work
b. to prove harassment, the plaintiff must show that the conduct complained of was severe or pervasive
c. the degree of severity required is in inverse proportion to its pervasiveness
d. none of these

6. Which of the following is true regarding the role of conduct outside of the workplace in harassment cases?
a. employers cannot be held liable based on harassing conduct that occurs outside of the workplace
b. the sexual activities of persons who allege harassment will be examined in order to determine whether the treatment received was unwelcome
c. the marital statuses of the plaintiff and the alleged harasser will be taken into account in determining whether harassment occurred
d. all of the above
e. none of the above

7. Employers are vicariously liable for harassment when:
a. a hostile environment is created by a top official
b. harassment by a supervisor results in a tangible employment action
c. a supervisor creates a hostile environment and the employer does not have a sexual harassment policy or reporting procedure
d. all of the above
e. none of the above

8. Which of the following is part of the “affirmative defense” available to employers in certain hostile environment cases
a. the employer exercised reasonable care to prevent and correct promptly any harassment
b. the employer knew or should have known about the harassment
c. the employee failed to take advantage of preventive or corrective measures provided by the employer
d. a and c
e. b and c

9. The primary difference between harassment that results in tangible employment action and harassment that creates a hostile working environment is:
a. the level of proof required in the prima facie case for harassment that results in tangible employment action
b. the availability of a rebuttal to the plaintiff if the employer proves a reason for the hostile environment
c. the criteria for proving harassment that results in a tangible employment action is less stringent
d. the criteria for finding employers liable differs depending on the outcome of the harassment
e. none of the above

10. Which of the following should be included in an employer’s policy prohibiting harassment?
a. assurance that employees reporting harassment will be protected from retaliation
b. assurance of strict confidentiality in handling harassment complaints
c. a clear and accessible procedure for reporting harassment
d. a and c
e. all of the above

11. Regarding harassment, which of the following statements is NOT true?
a. harassment is a serious problem in the workplace
b. the definition of harassment under Title VII includes mistreatment and abuse of employees generally
c. the definition of harassment under Title VII does not include workplace bullying
d. all of these are true

12. If an employee is subject to severe harassment, and quits his position to escape it, the court will likely rule:
a. that because he quit, no tangible employment action can be proven
b. that the quit is a constructive discharge, which constitutes a tangible employment action if it results from a demotion or pay cut
c. that a hostile environment is presumed, but that the employee waived the right to sue when he left
d. none of these

13. In a case in which the employee claimed harassment by her supervisor in which he altered her work her work hours with the knowledge that doing so would adversely affect her hypoglycemia; frequently stood at her desk and stared angrily at her; startled her by pounding on her desk with his fist; criticized her work unfairly; and yelled at her in front of co-workers, the court ruled that:
a. no sexual harassment was proven, because no demand for sexual favors was made
b. no sexual harassment was proven, because no hostile environment was created
c. a hostile environment was created by the supervisor’s conduct
d. no harassment could be proven without verbal or physical conduct of a sexual nature

14. The plaintiff in a harassment case must prove:
a. the harassment was because of sex
b. the harassment was directed toward a protected class
c. the harassment was unwelcome
d. all of these
e. only b and c

15. When a female supervisor demands sexual favors from a male employee so that he can keep his job or get a raise, it is called this:
a. same sex harassment
b. quid pro quo harassment
c. severe or pervasive harassment
d. cruel and unusual harassment

16. As the Assistant Human Resources Manager, you have learned from another employee that a co-worker is being harassed by her supervisor. Assuming your firm has no anti-harassment policy, what should you do?
a. nothing unless the victim herself files a claim, because there is no anti-harassment policy, so you have no authority in the matter
b. investigate the claim and report the harassment to your superiors
c. create and enforce an anti-harassment policy for your firm
d. offer to transfer the employee to another job
e. b and c
f. b, c and d

17. Your co-worker, a new employee, is painfully shy. She works, as you do, as a clerical assistant to an architect in the firm you both work for. Her architect, a boorish male with a foul mouth and grabby hands, has had trouble keeping an assistant, and you know why. But even though this fellow has continued in his usual behavior, applying it now to her, she seems to be unable to decide what to do, and seeks your advice. Knowing how these cases are decided, what would be the best advice you could give her?
a. she should say nothing; just keep working, and do a good job
b. she should act friendly, but refuse his advances
c. she should tell him she’s not interested, and just wants to work
d. the next time he tries something, she should just punch him in the eye

18. You are a salesperson for a pharmaceutical company, a job it was difficult to get. After you’d been there a while, there was another opening, and you recommended your friend, Paul. He was hired, and the two of you have enjoyed working together ever since. Recently, the secretary for the sales team has confided in you that Paul has been acting inappropriately, and most recently, cornered her in the supply room, and pushed her up against the wall with his body, and caressed her with his hands. She does not know that you recommended Paul to the firm. Of the following choices, what should you do?
a. tell her not to worry, that it will pass, because Paul is not normally like this
b. tell her not to worry, that you’ll talk to Paul, and tell him to stop it
c. tell her to report Paul to Human Resources, and you’ll tell them you saw it
d. talk to Paul, and tell him that if he doesn’t stop it immediately, and apologize, you will report him to Human Resources

19. Imagine that you are the judge hearing a case for sexual harassment filed by a woman who reports that she was forced to have sex in the workplace with her supervisor. She admits that for some months prior to the event, she displayed her body through seminude photos, lifted her skirt to verify an absence of undergarments, made highly salacious comments, and offered sexual gratification “to employees, customers, and competitors alike.” Knowing what you know about harassment, what should you decide?
a. for the woman, because the forced sex proves harassment
b. for the woman, because her flirting did not justify the forced sex
c. for the employer, because the harassment was not unwelcome
d. for the employer, because she had a reputation for being “easy”

20. A male customer of a sports bar has taken a particular liking to one of the waitresses, and always asks to be seated at her station, so that she will wait on him. He has spoken to the manager of the bar, and generously tipped him to insure that he will get her station. But the waitress does not want to wait on the customer, because he grabs and pinches her rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She asks the bar manager not to let him sit at her station any more, but the manager tells her it’s good money (he does tip her well), and she should be nice to him. If she files suit for harassment, what will the court most likely rule?
a. for the employer, because the customer does not have the power to affect her employment status, so that his conduct cannot result in a tangible employment action against her
b. for the employer, because the customer has not committed harassment
c. for the employee, because the customer has committed harassment
d. for the employee, because the customer has committed harassment, the employer knew about it, and did nothing

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers are strongly advised to establish, communicate, and enforce policies prohibiting harassment.

b. Complaint procedures should provide employees with multiple, accessible parties to whom reports of harassment can be made.

c. Employers must respond to complaints of harassment promptly and in a manner reasonably calculated to end the harassment.

d. Terminations or other discipline imposed against harassers must be conducted in the same careful manner as any other terminations or disciplinary actions.

e. Care should be exercised in using transfers or reassignments to deal with harassment.

2. How does employer liability for harassment by a co-worker or third party compare or differ with the company’s liability for harassment by supervisors, managers or other top officials?

CHAPTER 10
REASONABLY ACCOMMODATING DISABILITY & RELIGION
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. An employer’s obligation to “reasonably accommodate” is unique to which protected classes?
a. gender and age
b. national origin and color
c. disability and religion
d. disability and race

2. The disability law which applies to private employers and state and local governments is:
a. The Rehabilitation Act of 1973
b. The Americans with Disabilities Act of 1990
c. The Private Employer Disability Act of 1988
d. none of these

3. Regarding disability claims, which of the following statements is NOT true?
a. The ADA applies to someone who is not disabled, but is perceived as disabled.
b. The ADA applies to someone who is not disabled, but has a record of a disability.
c. The ADA applies to someone who is currently disabled.
d. The ADA does not apply to someone who is not disabled, but is perceived as disabled.

4. Under the Title VII definition of religious beliefs, all of these are true EXCEPT:
a. a belief in God or other deity is required
b. a belief in atheism and agnosticism is protected
c. the religion need not be popular or organized
d. b and c

5. If an employee states a prima facie case of failure to reasonably accommodate religion, then the employer must prove:
a. that a reasonable accommodation was offered, but refused
b. that the accommodation would impose an undue hardship on the business
c. that the employee does not really believe in the religion
d. a or b

6. Match each term to its correct definition.

Americans with Disabilities Act the disability law that applies to private employers
The Rehabilitation Act the disability law that applies to federal public employers
major life activities for example, seeing, speaking, breathing, lifting
essential functions the core duties which few others can perform
religious organization exemption this permits a church to hire only members of its faith

CHAPTER 10
REASONABLY ACCOMMODATING DISABILITY AND RELIGION

MULTIPLE CHOICE QUESTIONS

1. The American’s with Disabilities Act (ADA):
a. applies to private sector employers with 15 or more employees
b. amends and supercedes the Rehabilitation Act
c. protects all disabled persons against discrimination in employment by covered employers
d. all of the above
e. none of the above

2. Which of the following is necessary to establish the existence of a disability under the ADA?
a. having a physical basis for one’s impairment
b. being diagnosed with an impairment that is included on the ADA’s list of recognized disabilities
c. receiving regular medical treatment for one’s condition
d. all of the above
e. none of the above

3. In Ekstrand v School District of Somerset, a teacher who taught kindergarten successfully for 5 years was assigned to a classroom without windows. She advised the principal that she suffered from seasonal affective disorder, a form of depression, and that she needed the natural light from a window to counteract the disorder. She submitted a letter from her psychologist advising of the condition and the need for natural light, but the school refused. There was an empty classroom with a window, and another teacher had offered to switch classrooms since she had one with a window, but the school would not allow it. The District Court granted summary judgment to the school district, and the teacher appealed. The Appellate Court ruled:
a. for the school district, since the teacher had not documented her need for an accommodation.
b. for the school district, since the school district had no accommodation to offer which did not involve an undue hardship
c. for the teacher, because she had documented her need for an accommodation, and the school district could have made a reasonable accommodation
d. for the teacher, because she suffered severe consequences as a result of the school district’s failure to accommodate her disability

4. In Cloutier v. Costco, Cloutier was fired for violation of a no facial jewelry (other than earrings) provision of the dress code. Costco was successful because:
a. Costco had no duty to accommodate because it could not do so without undue hardship
b. Costco made an offer to accommodate after Cloutier’s adverse employment action and was therefore shielded from liability under Title VII
c. the Church of Body Modification was not a recognized church so Cloutier’s beliefs did not fall under religious discrimination requiring accommodation
d. Cloutier’s beliefs did not include worship or recognition of a supreme being or deity so they could not be considered religious thereby requiring accommodation
e. none of the above

5. An employee can be considered disabled under the ADA if:
a. she has an existing disability
b. she is erroneously regarded as being disabled
c. she is not currently disabled, but has a record of a prior disability
d. a and b
e. all of the above

6. In order to be a “qualified individual with a disability,” a disabled person must:
a. meet the same, job-related education, skill, and background requirements as other job candidates or employees
b. not pose a direct threat others but may pose a threat to his or her own health
c. be able to satisfactorily perform all of the functions of a job
d. all of the above
e. none the above

7. Under the ADA, it is important that job descriptions:
a. clearly identify the essential functions of jobs
b. clearly specify how job tasks are to be carried out
c. list reasonable accommodations that are available to an employee in this job
d. all of the above
e. none of the above

8. Which of the following would usually be considered a reasonable accommodation of disability?
a. providing a part-time or modified work schedule
b. relaxing a production
c. relaxing a performance standard
d. transferring essential job functions to others

9. In responding to requests for reasonable accommodation, employers should NOT:
a. engage in an interactive process with disabled employees
b. limit medical inquiries to information needed to assess functional limitations
c. discuss the disabled employee’s need for accommodation with other employees
d. all of the above
e. none of the above

10. In order to be substantially limiting, a condition must:
a. render an employee unable to perform her previous job
b. be chronic or expected to have a long-term impact on functioning
c. without the aid of any corrective devices used by the employee, make it impossible to perform one or more major life activities
d. all of the above
e. none of the above

11. In order to conclude that a proposed accommodation of disability would impose undue hardship on an employer, it must be shown that:
a. the proposed accommodation would not be a reasonable one
b. the cost of the accommodation exceeds the benefits it would produce
c. the cost exceeds the general $2000 threshold specified in the ADA
d. a and c
e. none of the above

12. Under Title VII, the concept of “religion” is limited to:
a. membership in or affiliation with an established church or denomination
b. beliefs or practices that a church or denomination requires of its members
c. beliefs or practices centering on the worship of a God or other deity
d. all of the above
e. none of the above

13. As the new Human Resources Manager for Bell’s Dollar Store, you are still getting to know your employees. One in particular has come to your attention, because he always seems to be out in the aisles of the store, rather than at the cashier’s desk or in the stockroom. During a routine cleaning of lockers, you discover that several small items from store inventory were in his locker. The items were of little value. After considering the matter, you correctly conclude:
a. the employee has been guilty of theft, and should be fired immediately
b. the employee probably has a disorder known as kleptomania, which compels him to take and hoard small objects; since this is a disability under the Americans with Disabilities Act, you must decide whether you can make a reasonable accommodation
c. the employee probably has a disorder known as kleptomania, which compels him to take and hoard small objects; you decide to speak to him privately, tell him he is fired, and urge him to seek help for his condition
d. none of the above

14. Which of the following laws applies to federal employees?
a. The Disability Act
b. The Protection of Major Life Activities Act
c. The Americans with Disabilities Act
d. The Rehabilitation Act

15. Which of the following is an element of a prima facie case of failure to reasonably accommodate religion?
a. that a specific reasonable accommodation was requested by the plaintiff
b. that a conflict exists between a sincere religious belief or practice and an employment requirement
c. that the requested accommodation would not impose undue hardship
d. all of the above
e. none of the above

16. Title VII’s religious organization exemption:
a. requires religious organizations to establish BFOQs based on religion
b. exempts religious organizations from all of Title VII’s requirements
c. allows religious organizations to favor persons of the same faith for positions that have clear spiritual functions, but not for secular activities
d. allows religious organizations to favor persons of the same faith for secular activities, but not for positions that have clear spiritual functions
e. none of the above

17. You’ve been attending the same Presbyterian Church for the last 11 years, and the Pastor has asked you to serve as Church Secretary and manage the office. One of your tasks will be to put together the bulletin for services each Sunday, but you’d also like to create a website for the church. When you tell the Pastor, he thinks it’s a wonderful idea, and sets aside some money to pay for the creation of the church’s website. After a diligent search for qualified candidates, you’ve come up with two. The only trouble is that the best candidate is not Presbyterian, but Anglican. Can you hire her?
a. no; because this is a Presbyterian Church, you must hire a Presbyterian
b. yes; Title VII contains an exemption for religious bodies who hire for secular positions
c. yes; Title VII is not relevant. Although most churches prefer to hire members of their own flock even for secular positions, there is no requirement to do so.
d. none of these

18. Regarding the HIV status of employees in most jobs, which of the following is NOT correct:
a. an employee who is HIV positive is a direct threat to himself
b. an employee who is HIV positive is a direct threat to others
c. an employee who is HIV positive is owed a reasonable accommodation
d. a and b are not correct
e. none of these is correct

19. Regarding an employer’s obligation to accommodate disability and religion, it can be said that:
a. the obligation to accommodate in these areas is consistent with the employer’s obligation to accommodate in other areas of the employment relationship
b. the obligation to accommodate in the areas of disability and religion is unique to those areas of the employment relationship
c. the obligation to accommodate is voluntary, except for federal employers
d. b and c only

20. As the Assistant Human Resources Manager, you have access to the employment files of all of the employees, including management. You have inadvertently learned that the Vice President of Sales has tested positive for the HIV virus. You know that he is married, but doubt that he’s told his wife. What should you do?
a. call his wife, and tell her that you regret you must give her some bad news; then, simply tell her
b. call his wife, but ask to come and see her in person; this is not the sort of news that one should deliver by telephone
c. talk to the Human Resources Manager, and ask her advice
d. nothing

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must reasonably accommodate qualified disabled persons unless doing so would impose undue hardship.

b. It is critical that employers engage in an interactive process with their disabled employees.

c. Accommodations cannot be dismissed as too costly without considering the availability of external funding and offering disabled employees the opportunity to pay for the portion of the cost that would create undue hardship.

d. Workplace policies should be made as flexible and religiously neutral as possible.

e. Employers should attempt to accommodate religious advocacy by providing forums for such communication that allow other employees to choose whether they wish to listen.

2. The ADA creates a protected class called “qualified individuals with disabilities”. Discuss what this phrase means and how one qualifies for protection.

CHAPTER 11
WORK-LIFE CONFLICTS & OTHER DIVERSITY ISSUES
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The Family and Medical Leave Act applies to which of the following employers?
a. a government agency
b. a private company with at least 50 employees
c. a private company with at least 25 employees
d. a and b only

2. Which of the following would constitute a “qualifying event” under the Family and Medical Leave Act?
a. birth of a son or daughter
b. a serious health condition of the employee’s spouse
c. placement of a son or daughter of the employee by adoption
d. a and b only
e. a, b & c

3. Which of the following is NOT required of employers under the FMLA?
a. up to 12 workweeks of leave over a 12-month period
b. up to 12 workweeks of paid leave over a 12-month period
c. maintenance of health insurance under the same conditions as employment
d. a return to the employee’s job or an equivalent position with the same pay

4. A person’s accent may legally be taken into consideration in hiring for a particular position when:
a. the employer does not want someone who is “foreign-sounding”
b. a significant part of the job requires communication, and the applicant’s heavy accent would interfere with the ability to communicate
c. the employer’s entire workforce is composed of people who speak English as a first language
d. any of these

5. Gays are protected from discrimination in employment by:
a. Title VII
b. some state laws
c. city or other local laws
d. all of these
e. b and c only

6. Match each term to its correct definition.

Family & Medical Leave Act the principal federal law affecting leave for parental and medical reasons
Serious health conditions either inpatient care or continuing treatment by a medical provider
Qualifying event circumstances under which eligible employees are entitled to take leave
Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth and related medical conditions
English only rules may be evidence of harassment or disparate treatment

CHAPTER 11
WORK-LIFE CONFLICTS AND OTHER DIVERSITY ISSUES

MULTIPLE CHOICE QUESTIONS

1. To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked:
a. at least 1250 hours during the previous 12 months
b. at least 625 hours during the previous 6 months
c. at least 2080 hours during the previous 12 months
d. at least 1040 hours during the previous 6 months

2. Which of the following is a “qualifying event” under the FMLA?
a. birth of a child
b. death of a parent
c. serious health condition of an employee’s grandparent
d. all of the above
e. none of the above

3. “Serious health conditions” include:
a. pregnancy, when it results in a period of incapacity
b. all conditions that require hospitalization
c. all conditions that require treatment by a health care provider
d. all of the above
e. a and b

4. Under the FMLA, employers have the right to:
a. require that employees provide documentation of any serious health condition prior to being granted leave
b. cancel the leave of “key employees”
c. delay the start of leave for employees who fail to provide 30 days notice when the need for leave is foreseeable
d. all of the above
e. none of the above

5. Under the FMLA, employees are entitled to:
a. have all benefits maintained under the same conditions as if the employee had not taken leave
b. have only health benefits maintained under the same conditions as if the employee had not taken leave
c. be restored to the exact same position they left if they are deemed a “key employee”
d. a minimum of ½ salary during their leave

6. In Bachelder v. America West Airlines, an employee who had taken periods of FMLA leave in the previous two years was terminated for poor attendance. The court ruled that:
a. the employer did not violate the FMLA because the employee had already exhausted her eligibility for leave under the “rolling 12 month period” used by the employer
b. the employer did not violate the FMLA because she was terminated for her absences and not for having requested or taken FMLA leave
c. the employer violated the FMLA because all employees become eligible for up to 12 weeks of leave at the start of each new calendar year
d. the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

7. Under the FMLA:
a. employers may require that any paid leave available to an employee be used and counted toward an employee’s FMLA leave
b. employers may require that the employee stay on leave longer than they need if it satisfies an administrative purpose or convenience for the employer
c. employers may contact the employee at home by phone or e-mail with company question but cannot require the employee to physically come to the premises
d. during a valid leave, the employee is protected or shielded from layoffs or termination that would have occurred anyway
e. none of the above

8. Under the Pregnancy Discrimination Act (PDA):
a. employers are required to provide leave for childbirth and medical problems related to pregnancy
b. employers are required to restore employees returning from pregnancy leave to their former jobs or equivalent positions
c. employers are prohibited from establishing uniform requirements for when pregnancy leave must begin or end
d. all of the above
e. none of the above

9. The Uniformed Services Employment and Reemployment Rights Act (USERRA)
requires that:
a. all persons returning from military service must be reemployed
b. employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions
c. employers continue to provide at least partial pay to employees serving in the military for up to 24 months
d. all of the above
e. none of the above

10. In Scobey v Nucor Steel-Arkansas., employee Scobey had 4 unexcused absences from April 10-13, 2005. On April 9, he called to ask his supervisor to call him, but did not say why. They finally spoke on April 11, but Scobey was intoxicated, and said he was having a nervous breakdown. They spoke again during this period, and Scobey was again intoxicated, saying he was through with his job. He returned to work, was demoted, and eventually stopped coming to work. He was terminated, and sued, alleging he should have been granted FMLA leave, but the trial court granted summary judgment for his employer. The Appellate Court ruled:
a. for the employer, because Scobey did not have a “serious health condition” as required for leave under the FMLA
b. for the employer, because Scobey had not given adequate notice of his need for leave, as required under the FMLA
c. for Scobey, because a reasonable jury could conclude that his drunkenness gave the employer constructive notice of his need for leave under the FMLA
d. for Scobey, because he was entitled to leave under the FMLA for his nervous breakdown

11. Legal protection against discrimination based on sexual orientation is found in:
a. Title VII of the Civil Rights Act
b. statutes in about a dozen states
c. the U.S. Constitution, under which public employers must show that a “compelling governmental interest” is served by the discrimination
d. Executive Order 11246
e. all of the above

12. “Hopalong” Jones was a cowboy working on a cattle ranch out west. He has worked at
the ranch for three years and done an excellent job. He is also a two time bull riding
champion at the state rodeo competition. He is fired when he admits to being gay.
a. Hopalong is protected under the protected sex classification under Title VII
b. since being a cowboy is such a macho job, being heterosexual is considered a
BFOQ
c. sexual orientation is a protected class in some states but not in others
d. Hopalong has no federal or state protection regarding his sexual orientation

13. The EEOC’s guidelines hold that broad English-only rules applied at all times are:
a. presumptively discriminatory
b. presumptively non-discriminatory
c. valid, if an employer can show a business necessity for a broad-cased, all-time ban on other languages
d. invalid, because the employer can never show a business necessity for a broad-based, all-time ban on other languages

14. The accent of an employee or job applicant can lawfully be taken into consideration when:
a. the firm is using its affirmative action program to diversify its workforce
b. when few English-speaking applicants or employees are available
c. when communications are a significant part of the job in question, and the person’s accent substantially interferes with the ability to communicate
d. when communications are a significant part of the job in question, and the person’s accent interferes in some degree with the ability to communicate

15. The federal Jury System Improvements Act:
a. protects persons who serve on federal juries from discharge, intimidation or coercion by their employers because of their jury service
b. applies a Title VII approach to selection of jurors
c. reduces the number of jurors on a standard jury from 12 to 6
d. requires that employers pay their employees at their regular rate of pay for the time spent serving on a federal jury

16. Under the FMLA:
a. pregnancy is a “serious health condition” triggering the right to FMLA leave
b. pregnancy is not a “serious health condition” triggering the right to FMLA leave unless there are complications
c. only a pregnant employee may receive leave under the FMLA
d. none of these

17. The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that:
a. an employer must maintain the health insurance for an employee reporting to military service for short stints of service (less than 31 days)
b. an employer must maintain the health insurance for an employee who serves in the military for up to 24 months, if the employee pays the full cost of group coverage
c. employers are not required to maintain health insurance coverage for their employees in military service beyond a period of 30 days
d. all of these
e. a and b

18. In Reynolds v. Inter-Industry Conference on Auto Collision Repair, Reynolds began work for his employer on August 25, 2005. On August 8, 2006, his child was born prematurely. He requested time off, which was granted. He requested further leave for November, 2005, when the child would be released from the hospital, and was terminated, the employer saying he was not entitled to FMLA leave because he had not been an employee for 12 months. The court ruled:
a. for Reynolds, since the birth of a child is a qualifying event under the FMLA
b. for Reynolds, since he notified his employer at least 30 days in advance of the need for leave, by which time, he would be an eligible employee
c. for the employer, because the employee failed to provide sufficient notice that he was requesting leave for a potentially FMLA-qualifying reason
d. for the employer, because the employee was not an eligible employee, entitled to FMLA leave

19. You need to hire a new medical technician for the emergency room of your hospital. The technician must have a thorough knowledge of medical terms and procedures, and will be interviewing patients to determine the nature and extent of their problems before they are routed to a doctor or to the waiting room. Most of the qualified candidates will be those who comes from Asian countries, who have studied medicine in their home countries, but whose MD degrees are not recognized by the U.S. Can you require that only English-speaking candidates need apply?
a. yes, because most of the patients will be English speaking
b. yes, because communication will be an integral part of the job, and most often communication will be required in an emergency situation
c. no, because under Title VII, English-only speaking requirements are presumptively discriminatory
d. no, because most of the qualified candidates will be from countries for which the first language spoken is not English

20. A very troublesome employee has just told you that he wants to apply for FMLA leave because his wife is seriously ill. He has taken leave before because of her illness, and depending upon how you calculate it, may have already taken the maximum amount for the year. You know that if you use a “rolling 12 month period,” he will not qualify, and if he is denied leave, he may actually quit, which would make many people happy. However, your firm’s leave policy does not specify how leave taken will be calculated, which means that if he sued and the case went to litigation, the court would apply a “calendar year” calculation for the leave requested, since you’ve just begun a new calendar year, and under that calculation, he would be entitled to leave. Of the following choices, what should you do?
a. deny the leave, and take your chances; tell him that he’s already had the maximum leave under the “rolling 12 month” calculation. He’s been far too troublesome for the firm, and his leaving would be a good outcome
b. deny the leave, but tell him that it’s because has not been a productive employee, and when he improves, you’ll consider more leave
c. grant the leave, and take your chances; maybe he’ll straighten out when he comes back
d. grant the leave, and ask how he’s doing; tell him that when he comes back, you’d like to sit down with him and see if you can help him resolve the trouble he’s been having at work

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must not attempt to discourage eligible employees from taking FMLA leave or attempt to delay the taking of leave.

b. “No fault” attendance policies must be either discontinued or exceptions must be made for employees on FMLA leave.

c. Employees should be notified promptly and in writing whether their leave qualifies as FMLA leave.

d. Employer’s should consider an employee’s or applicant’s accent only to the extent that communication is a significant part of the job in question and the individual’s accent impedes communication.

e. Employers should generally refrain from adopting English-only rules. If they are used, employees should be clearly informed that they are in effect, the rules should be no broader than necessary to accomplish necessary business purposes, and enforcement should not be rigid.

2. A major University has advertised for a non-research lecturer position in its Economics Department. When they evaluate the applicants, one resume clearly stands out as excellently qualified. When the applicant came in for an interview, she is asked to
complete a questionnaire with a number of open ended questions prior to the actual
interview. The questionnaire was extremely well answered and evidenced perfect
grammar, perfect penmanship and perfect spelling. The answers were lucid and well
thought out. Unfortunately, during the interview most in the department had trouble
understanding the candidate due to her extremely heavy Nigerian accent. If the
university hires someone else, has the university violated any discrimination laws?

CHAPTER 12
WAGES, HOURS & PAY EQUITY
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The Fair Labor Standards Act does which of the following?
a. establishes a minimum wage
b. establishes the rate of overtime pay
c. places certain restrictions on work by minors
d. all of these

2. Regarding overtime pay, which of the following statements is NOT true?
a. overtime pay is due for hours worked per week in excess of 40
b. overtime pay is due for hours worked per day in excess of 8
c. the rate of overtime pay is 1 ½ times the regular hourly rate of pay
d. all of these are true

3. “Tipped” employees are those who:
a. share tips at work
b. earn at least $30/month in tips
c. work in the restaurant industry
d. none of these

4. Which of the following categories of employees is generally exempt from overtime pay?
a. executives
b. administrative employees
c. professional employees
d. all of these are exempt

5. The Equal Pay Act generally requires employers to:
a. pay the same wage to men and women doing substantially the same work at different companies
b. pay the same wage to men and women doing substantially the same work at the same company
c. establish equivalencies for various jobs traditionally held by men and women
d. all of these

6. Match each term to its correct definition.

Fair Labor Standards Act a federal law that establishes overtime pay requirements, and limitations on the work of minors
Minimum wage the lowest wage employers are permitted to pay employees for each hour of work
Duties test a test to determine whether an employee is really exempt from overtime pay

Migrant & Seasonal Agricultural
Worker Protection Act a federal law covering most seasonal agricultural workers providing some basic safeguards related to pay, housing and transportation
Overtime pay 1 ½ times the regular rate of pay

CHAPTER 12
WAGES, HOURS, AND PAY EQUITY
MULTIPLE CHOICE QUESTIONS

1. Which of the following is true regarding overtime pay under the Fair Labor Standards Act?
a. employees who work more than 8 hours in a work day must be compensated with overtime pay
b. employees are entitled to twice their regular rate of pay for overtime hours
c. private sector employers can pay for overtime required under the FLSA with compensatory time off in the future, whereas government agencies may not do so
d. all of the above
e. none of the above

2. “Tipped employees” can be paid less than the minimum wage provided:
a. they agree to a reduced minimum wage salary, however, if they don’t agree they must be paid the full minimum wage and any tips are forfeited to the employer or the other employees
b. they retain on an individual basis all tips that are earned; pooling of tips is not permitted
c. their total pay in wages and tips equals at least the minimum wage
d. the employee customarily and regularly receives at least $30 per week in tips

3. The maximum number of hours that an employee can work in a workweek under the Fair Labor Standards Act is:
a. not limited for employees 16 years of age and over
b. limited to forty hours per week for employees under 16 years of age while school is in session
c. not limited for employees 16 years and over, but it must equal no more than 40 hours a week when averaged across any two work weeks
d. limited to 50 hours per week for employees who are non-exempt, but there is no limit for exempt managers and professionals.
e. none of the above

4. Under the Fair Labor Standards Act, a “workweek”:
a. is any fixed and reoccurring period of 5 consecutive days
b. is any fixed and reoccurring period of 7 consecutive days
c. is the same as a calendar week
d. includes all the days during a calendar week on which any work is performed

5. A non-exempt employee’s usual pay is $800/wk, based on a 40/hr week. This week he works 50/hrs. His regular hourly rate of pay is ______. His total pay for this week should be _______.
a. $800/wk; $800
b. $16/hr; $1100
c. $20/hr; $1000
d. $20/hr; $1100
e. $16/hr; $1040

6. Which of the following is true regarding compensatory (“comp”) time?
a. employers can require employees to use up their accrued comp time, regardless of whether employees wish to do so
b. the maximum amount of comp time that can be banked is capped at 240 hours for most employees
c. acceptance of comp time can be made a condition for receiving overtime work
d. b and c
e. all of the above

7. In Chao v Gotham Registry, a temporary employment agency for nurses placed them at various hospitals. Despite a rule forbidding overtime, nurses frequently worked overtime at the hospitals’ request, as Gotham knew, but refused to pay overtime. When the nurses sued for overtime pay, the court determined that:
a. because they knew of the rule forbidding overtime, the nurses had volunteered their time, and were not entitled to overtime pay
b. because the hospitals had asked them to work overtime, the hospital was required to pay the overtime pay
c. because the agency knew that nurses frequently worked overtime at the hospitals’ request, and did nothing to enforce its rule against overtime, the agency was responsible to pay overtime
d. none of the above

8. Which of the following is generally compensable time under the FLSA?
a. meetings during work hours concerning employee grievances
b. meal periods of any length
c. periods spent waiting to start work
d. time spent traveling to and from work in a private car
e. all of the above

9. The Migrant & Seasonal Protection Worker Act (MSPA) provides all of these requirements EXCEPT:
a. a minimum wage and overtime
b. disclosure of working terms and conditions at the time of hire
c. safe and sanitary housing and transportation
d. maintenance of wage and hour records

10. The Migrant and Seasonal Agricultural Worker Protection Act requires that:
a. migrant agricultural workers must be paid no less than the prevailing wage for farm laborers in the geographic region
b. migrant agricultural workers must be provided with housing and the housing must be safe and sanitary
c. migrant agricultural workers must receive overtime pay of one and a half times their regular rate of pay for all work hours in excess of 50 in a week
d. all of the above
e. none of the above

11. Which of the following activities is compensable time for which an employee must be paid?
a. time spent taking pre-employment tests
b. time spent traveling to and from work
c. time spent waiting to start work
d. rest periods of up to 20 minutes

12. Under the duties test, in order to be classified as exempt, an employee:
a. must perform the duties of an executive, administrator, or professional
b. must work in an office setting
c. must have a job title that includes the word executive, administrator, or professional in the title
d. all of the above

13. Under the Department of Labor’s “pay docking rule”:
a. wages withheld for disciplinary purposes are not counted as compensation when determining compliance with minimum wage and overtime requirements
b. it violates the FLSA for employers to make deductions from the pay of salaried employees for partial day absences
c. certain deductions from the pay of salaried employees can lead to the finding that these employees are non-exempt
d. a and b
e. none of the above

14. Under the FLSA, minors under 16 years of age:
a. are allowed to work at any job provided that they have obtained working papers
b. are allowed to work no more than 18 hours per week while school is in session
c. are allowed to work no more than 8 hours per day while school is in session
d. b and c
e. all of the above

15. Which of the following is among the things that must be shown in order for two jobs to be considered “equal work”?
a. they must have the same or very similar job titles
b. the jobs must be of comparable worth to the employer
c. there must be substantial overlap in the duties and tasks performed
d. they must have the same or very pay rates
e. all of the above

16. If employees come in to start work early, or stay beyond scheduled hours, or come in to work on days off,
a. the extra time put in on the job could be used to re-classify those employees from non-exempt to exempt
b. the extra time put in on the job could qualify those employees for overtime pay
c. under the FLSA, they have volunteered their services for that extra time
d. none of these

17. Employers should maintain accurate and up-to-date job descriptions because they will help establish:
a. the essential functions of the job
b. the exempt status of the employee, if exempt
c. that an employment requirement is job-related
d. the similarity or non-similarity between two different jobs
e. all of these
f none of these

18. Which of the following statements is NOT true?
a. US employees have the dubious distinction of working the longest hours among industrialized nations
b. job stress is related to such maladies as high blood pressure and coronary heart disease
c. longer workdays are associated with increases in injuries
d. all of these
e. none of these

19. In the U.S., more and more workers are working:
a. around the clock
b. off the clock
c. on the clock
d. none of these

20. As the new Assistant Human Resources Manager, you now have access to the salaries of all of the staff at your firm, and discover that the sole female salesperson on the staff is being paid significantly less than her male counterparts, although she has the same educational background and experience. Within about 6 months, you are to replace the current Human Resources Manager, an “old school” kind of fellow who is retiring. But since you are newly hired, you are reluctant to “make waves.” Considering your duties and also the protection of your career, which of the following options would NOT be advisable?
a. Tell the current “old school” HR Manager that the lower salary of the female salesperson is illegal, and that he must immediately raise her pay, or you will tell the salesperson that she should file an EEOC claim
b. Ask the current HR Manager if he is aware that the female salesperson is receiving a lower salary for the same work, which could cause a claim to be filed against the firm, and ask what he thinks should be done
c. Do and say nothing yet, awaiting the day when you assume the role of HR Manager; then take steps to raise the saleswoman’s pay to compare with that of her male colleagues, without telling her why

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers should not ignore employees starting work early, staying beyond scheduled hours, or coming in to work on days off.

b. Employers should maintain accurate and up-to-date job descriptions

c. Employers should not make deductions from the pay of exempt employees for partial day absences or require that the time off be made up.

d. Employers should refrain from establishing and enforcing pay secrecy policies.

e. Employers should be prepared to account for disparities in the pay of men and women performing similar jobs in the same workplace.

2. An employer of an emergency response service required its service employees to be on call every weekend, as they might be called to report within 10 minutes. While on call, employees were not permitted to leave their homes, as the employer’s contact was to their home phones. Also, employees were not permitted to drink alcohol on the weekends, because of their potential on-call duties. The employer did not pay for on-call weekends, and the employees sued. What are the issues, and what should the court decide?

3. What could the employer in number 2 above have done differently to avoid incurring liability for compensable time and perhaps overtime?

CHAPTER 13 BENEFITS
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The Employee Retirement Income Security Act (ERISA) governs which of the following?
a. retirement and pension plans
b. health insurance
c. childcare subsidies
d. all of these
e. a and b only

2. Under ERISA, employers are required to do all of the following EXCEPT:
a. inform employees about their benefits
b. actually deliver promised benefits
c. pay for either a defined benefit or a defined contribution pension plan
d. all of these are true

3. The purpose of Consolidated Omnibus Budget Reconciliation Act (COBRA) generally is:
a. to regulate pension plans
b. to provide for the continuation of health insurance coverage
c. to prevent disqualification in health insurance coverage because of pre-existing conditions
d. none of these

4. Regarding discrimination older workers with regard to benefits, it is correct to say that:
a. employers may discriminate against older employees in offered benefits because their benefits cost more
b. employers may provide less extensive health care coverage to older workers as long as the employer spends the same amount of money as for younger workers
c. an employer can force older workers to retire, to avoid providing health care benefits to them
d. none of these is correct

5. The Pregnancy Discrimination Act generally requires employers to:
a. provide pregnancy health care benefits to pregnant employees
b. provide pregnancy health care benefits to women, but not to men
c. treat pregnant employees the same as non-pregnant employees with similar ability to work
d. none of these

6. Match each term to its correct definition.

ERISA the principal federal law regulating benefit plans of private employers
Defined benefit plan pays a specific pension benefit to the employee upon retirement
Defined contribution plan a pension plan to which the employer makes contributions, and the employee invests, the benefit being determined by the success of the investment
fiduciary one who exercises discretionary authority and control over the administration of pension funds
vesting based on years of service, an employee’s achievement of an nonforfeitable right to receive a pension

CHAPTER 13
BENEFITS

MULTIPLE CHOICE QUESTIONS

1. Defined benefit pension plans:
a. promise a specific pension benefit upon retirement
b. are insured through the Pension Benefit Guaranty Corporation (PBGC)
c. all of the above
d. none of the above

2. Summary plan descriptions (SPDs):
a. must be provided to new employees before they begin their employment
b. provide a brief overview of the terms of employee benefit plans
c. can be the basis for claims that employees did not receive promised benefits
d. all of the above
e. none of the above

3. Regarding the Pension Benefit Guarantee Corporation (PBGC), which of the following statements is true?
a. The PBGC is an agency that insures defined benefit pension plans.
b. The PBGC is an agency that insures defined contribution pension plans.
c. The PBGC’s fund is running out of money, due to the increase in the failure of the pension plans it insures.
d. a and c only
e. b and c only

4. Which of the following is a fiduciary duty under ERISA?
a. ensuring that plans operate in accordance with plan documents and ERISA
b. diversifying pension fund assets to minimize the risk of large losses
c. managing benefit plans and funds solely in the interest of plan beneficiaries
d. all of the above
e. none of the above

5. In Fought v. UNUM Life Insurance Company of America, Fought underwent surgery for coronary artery disease, a pre-existing condition at the time she qualified for her employer’s disability policy. Weeks after the surgery, she developed a staph infection, became disabled, and applied for coverage under her company’s disability insurance. The insurer denied coverage on the basis of a pre-existing condition, her coronary artery disease, and Fought sued. As to the issue of causation, the court ruled:
a. for the insurer, since Fought would not have had surgery which resulted in the infection but for the pre-existing coronary artery disease
b. for the insurer, since the staph infection was a previously undiscovered pre-existing condition
c. for Fought, since the staph infection was not a pre-existing condition, and was not a necessary consequence of her coronary artery disease
d. for Fought, because the insurer had a conflict of interest

6. Which of the following is true regarding vesting requirements under ERISA?
a. once pension rights vest, employees are entitled to receive full pensions upon leaving employment
b. once pension rights vest, employees’ pension plans cannot be discontinued or changed
c. vesting usually occurs after five or seven years of service
d. vesting is never required but is purely a contractual provision negotiated between the employer and employee

7. Which of the following is true of the Employee Retirement Income Security Act (ERISA)?
a. it requires employers to provide pensions for most of their employees
b. it is superseded by state laws that relate to employee benefit plans
c. it does not apply to benefit plans administered by public employers
d. it requires that once a plan is in place, it can not be changed or modified without the employees consent
e. all of the above

8. Defined contribution pension plans:
a. are insured by the Pension Benefit Guaranty Corporation (PBGC)
b. are prone to under-diversification of investments
c. are not subject to ERISA vesting requirements
d. guarantee specific pension benefits to the employee when the plan is entered into

9. Which of the following is NOT a part of the Patient Protection & Affordable Care Act?
a. a temporary insurance program for high-risk individuals with pre-existing conditions and no health insurance
b. a prohibition against denying coverage to children based on pre-existing conditions
c. a requirement that plans cover all immunizations and routine health care
d a prohibition against requiring pre-authorization for emergency care

10. Which of the following is a qualifying event necessitating an offer of COBRA continuation coverage?
a. an employee quits his job
b. an employee’s hours are cut
c. a spouse and an employee get divorced
d. all of the above
e. none of the above

11. An employee is terminated for poor attendance. The employer sends a letter on May 1 notifying him of his right to receive continuation health insurance coverage. The letter states that the former employee must respond by May 30 to be eligible for up to 6 months of continuation coverage. The employer’s letter:
a. accurately states the former employee’s rights under COBRA
b. should state that the employee has 45 days to decide on coverage that would last up to 3 years
c. should state that the employee has 60 days to decide on coverage that would last up to 3 years
d. should state that the employee has 60 days to decide on coverage that would last up to 18 months
e. should not have been sent since a termination for poor attendance is not a qualifying event under COBRA

12. Which of the following is one of HIPAA’s requirements regarding pre-existing condition exclusions in group health plans?
a. exclusionary periods can last no longer than 6 months
b. exclusionary periods must be reduced by any periods of prior coverage under a group health plan, as long as the break in coverage was no more than 63 days.
c. certificates of creditable coverage are used to document that employees have pre-existing conditions to which exclusionary periods would apply
d. prior coverage under a group health plan does not include any period of continuation coverage under COBRA
e. none of the above

13. Regarding the topic of employment benefits, it is correct to say that:
a. both employment and tax laws affect employment benefits
b. the law on this topic has been very much in flux
c. the law on this topic has largely been settled
d. public policy debates concerning this topic have occurred in recent years
e. a, b and d
f. a, c and d

14. The Pregnancy Discrimination Act provides for each of the following EXCEPT:
a. health plans must cover expenses for pregnancy-related medical care on the same basis as for other medical conditions
b. because of the extreme costs and because men do not avail themselves of pregnancy benefits, larger deductibles or co-pays may be charged
c. both married and unmarried employees must be covered
d. the same level of coverage must be provided for the spouses of male employees as is provided for the spouses of female employees

15. Regarding employment benefits, the general rule is that:
a. employers are legally required to provide employment benefits in the form of basic health care, vacation pay, and pension or profit sharing plans
b. employers are legally required to provide basic health care, but no other benefits, although they may do so voluntarily
c. only employers with 50 or more employees are legally required to provide basic health care, but no other benefits, although they may do so voluntarily
d. none of these

16. In McDowell vs. Krawchison, an employee whose wife suffered from breast cancer was terminated after a change of ownership of the company. He asked whether their health insurance would continue, and was told verbally that it would. Nine months later when his wife sought treatment, she was advised the policy had been terminated. He and his wife sued for a violation of COBRA. The court ruled:
a. for the employer, since it was a new owner, and not the employer of the employee.
b. for the employer, since the employee never requested in writing that their insurance be continued
c. for the employee, since he was not given notice of his COBRA rights in writing
d. for the employee’s wife, because she was also an insured, but was given no notice of her COBRA rights

17. You have just been hired as the new Human Resources Manager for your firm. On your second day, an employee filed for disability benefits due to a recent injury. Not knowing about a disability policy through this firm, you search the files and discover that the firm cancelled a long term disability on the employee without notifying him. What should you do?
a. nothing; maybe the employee will withdraw his claim for disability benefits
b. send official notice that the disability policy had previously been cancelled
c. call the employee to tell him that the disability policy had previously been cancelled
d. b and c
e. none of these

18. About ERISA, the Employee Retirement Income Security Act, it is correct to say that:
a. the law governs only pension plans
b. the law governs benefit plans broadly, not just pension plans
c. the law only applies to “welfare” plans
d. none of these

19. The problem with a Cash Balance or Hybrid pension plan is:
a. that the employee bears the risk of loss of the investment
b. that because of the way benefits are calculated, older employees receive less than younger employees
c. that they are not covered by ERISA
d. none of these

20. HIPAA, the Health Insurance Portability and Accountability Act provides all of these EXCEPT:
a. it greatly restricts the use of the pre-existing exclusion
b. it provides that exclusionary periods can be no longer than 30 days
c. it provides that pregnancy cannot be deemed a pre-existing condition
d. it provides that a certificate of creditable coverage reduces the exclusionary time period for a pre-existing condition

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Benefit plan administrators must base their decisions about eligibility for benefits on plan documents, have reasons for their decisions, and use all of the current, relevant information available to them.

b. Health insurance plans must cover medical expenses related to childbirth and not impose deductibles or co-payments for such treatment that exceed those required for other medical treatments.

c. Group health plans must not limit eligibility based on health status, medical condition, claims experience, medical history, genetic information, or the disability of an employee or dependent.

d. With just a few exceptions, employers must not establish mandatory retirement ages.

e. Employers should be careful in advising employees about their benefits and refer them back to SPD’s and other plan documents.

2. There is no question that health care and other benefits often become available to family members without question. How does the law currently look at the extension of benefits to domestic partners?

CHAPTER 14
UNIONS AND COLLECTIVE BARGAINING
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Labor laws:
a. require job security after five years
b. regulate the hours and rates of pay of various industries
c. protect the rights of employees to join together for collective bargaining
d. none of these

2. Under the National Labor Relations Act (NLRA), employees have the right to:
a. engage in “protected concerted activities”
b. to bargain with employers through representatives
c. to refrain from all of these activities
d. a and b only
e. a through c

3. An example of an unfair labor practice would be:
a. employers discriminating against employees who wish to unionize
b. employers refusing to engage in collective bargaining
c. employees going on strike because an employer refused to engage in collective bargaining
d. all of these
e. a and b only

4. When the employees vote by secret ballot on whether or not to form a union, the percentage vote that is required is:
a. 90%
b. 75%
c. just over 50%
d. 30%

5. Typically, collective bargaining agreements provide that disputes will be resolved by:
a. lawsuits
b. grievance procedures
c. arbitration
d. b and c

6. Match each term to its correct definition.

National Labor Relations Board the federal agency that administers the National Labor Relations Act, including holding elections to determine whether employees want union representation
Card check procedure a majority of employees sign cards indicating their preference to join a union
Good faith bargaining the obligation of both employer and union to confer in good faith, to meet at reasonable times, and to sign a contract
Mandatory topic an issue that, if raised by either party, must be the subject of bargaining in good faith
lockout the employer’s preventing employees from working after their labor agreement expires, although they are willing to continue to work and negotiate

CHAPTER 14
UNIONS AND COLLECTIVE BARGAINING
MULTIPLE CHOICE QUESTIONS

1. Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act?
a. Federal Mediation and Conciliation Service (FMCS)
b. Federal Labor Relations Authority (FLRA)
c. National Labor Relations Board (NLRB)
d. National Mediation Board (NMB)
e. National Collective Bargaining Commission (NCBC)

2. Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act (“Sec. 7 rights”)?
a. the right to self-organization
b. the right to fair pay and benefits
c. the right to strike
d. the right to assist labor unions

3. Protected concerted activities:
a. are engaged in with or on the authority of other employees
b. must be related to wages, hours, terms or conditions of employment
c. must not be extreme or abusive
d. apply to unionized workers but not to non-unionized workers
e. all of the above

4. Which of the following is an unfair labor practice (ULP) under the National Labor Relations Act?
a. discriminating against an employee based on her race
b. violating the terms of a labor agreement
c. retaliating against an employee who has filed charges with the NLRB
d. after an agreement has expired and while the new one is being negotiated, locking out employees willing to continue working

5. Which of the following employee rights is NOT protected by the NLRA?
a. to engage in self-organization
b. to go on strike
c. to engage in other concerted activities
d. to refrain from such activities
e. all of the above employee rights are protected by the NLRA

6. In Mastec Advanced Technologies, 26 service technicians were fired after appearing on a television news show to complain about their employer’s instructions about how to persuade customers to install phone connections for their satellite television service, and the charge-backs to employees’ pay if they did not procure such connections. Phone connections were not necessary for the service to work, but the company earned more money if phone connections were installed. Regarding the terminations, the court ruled:
a. for the employer, since it is not a protected concerted activity for an employee to make disparaging remarks to 3rd parties, since it shows disloyalty
b. for the employer, because its business policies were within its discretion
c. for the employees, because they did not speak disparagingly about their employer
d. for the employees, because they spoke truthfully about an ongoing labor dispute
e. c and d

7. Which of the following would NOT be considered a concerted activity?
a. members of a union that meet to discuss problems with working conditions at their workplace
b. employees who are not members of a union that meet to discuss problems with working conditions at their workplace
c. a single employee that writes to a supervisor complaining about the refusal to grant her vacation time for the exact period of time she requested
d. a single employee that writes to a supervisor complaining about the frequently malfunctioning air conditioning and extreme indoor heat at an assembly plant
e. c and d

8. In Northeast Beverage Corp v. NLRB, an employer announced that it was going to close a union facility, and entered into negotiations with the union. Six drivers learned of an upcoming meeting, met over coffee to formulate their questions, and went to the site of the meeting. A union official told them to return to work, but the drivers insisted, and eventually were able to introduce themselves to the management representatives. They returned to work after having been gone for 3 hours, but were fired for being absent without authorization. The NLRB ruled in favor of the drivers, and the employer appealed. On appeal, the court ruled:
a. for the employer, since the employees essentially walked off the job during working hours without authorization, which is not a protected concerted activity
b. for the employer, since its representatives had met with the employees, so they had complied with their obligations
c. for the drivers, since they had a right under the NLRA to engage in protected concerted activity
d. for the drivers, because although they were able to introduce themselves to the management representatives, no actual discussion or negotiation took place

9. Non-employee organizers:
a. have no rights under the NLRA and can be barred from entering workplaces
b. must be allowed to speak with employees during non-work times and in non-work areas
c. must be allowed into workplaces if the majority of employees desire their presence
d. can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist
e. none of the above

10. Which of the following is a criterion used by the NLRB to determine that an appropriate bargaining unit exists?
a. the percentage of employees who have signed authorization cards
b. whether employees are paid at the same rate and/or under a reasonable and logical pay scale
c. whether professional employees would be mixed with non-professional employees against their will
d. all of the above
e. none of the above

11. Which of the following is true regarding NLRB representation election procedures?
a. the NLRB will not order an election unless at least 50 percent of employees have signed authorization cards
b. no more than two elections will be held in the same year for the same group of employees
c. if an employer commits an unfair labor practice within the week before an election is held, the NLRB will certify the union, regardless of whether it receives a majority of votes
d. if an election is ordered, the employer is required to provide the NLRB, within seven days, a list of names and addresses of all employees in the bargaining unit
e. none of the above

12. Which of the following is true regarding grievances?
a. they can be filed by individual employees and may be pursued by the individual
b. they can only be filed by the union on behalf of the individual
c. if the grievance cannot be resolved, either the union or the individual can decide to take the case to arbitration
d. if the grievance cannot be resolved, either the union or the individual can decide to take the case to mediation

13. Union security provisions:
a. are unlawful under the NLRA because they require employers to discriminate against employees who do not support their unions
b. are unlawful in states that have “right to work” laws
c. require that employers recognize and negotiate with the unions chosen by their employees
d. require that employees financially support all union activities, regardless of any objections the employees might have to doing so
e. none of the above

14. The duty to bargain in good faith:
a. requires both employers and unions to eventually reach agreement in their negotiations
b. requires that any issue raised by either the employer or union must be negotiated
c. requires that employers supply unions with information relevant and necessary to bargaining effectively
d. all of the above
e. none of the above

15. Under the NLRA, employees who go on strike:
a. can be terminated, but only after they are given an adequate opportunity to return to work
b. can be terminated, but only if the strike is an economic strike
c. can be permanently replaced, but only if the strike is an unfair labor practice strike
d. can picket their employer and any other firms that do business with the employer
e. none of the above

16. Protection of concerted activity may be lost if which of the following occurs?
a. insubordination which is grounds for discharge
b. the number of employees is reduced so that the NLRA no longer applies
c. a serious disagreement between labor and management
d. none of these
e. all of these

17. Regarding the Employee Free Choice Act, it is correct to say:
a. that the law has the support of both labor and management
b. that the law has the support of management, but not labor
c. that the law is unlikely to pass
d. none of these

18. You have just been hired as the new Assistant Human Resources Manager at your firm, having worked your way up from the factory floor to the administrative suite. During your briefing for the new job, you are told that the firm has learned that its employees are attempting to unionize, a move which the firm has vowed to fight. As part of that effort, your boss, the HR Manager, has asked you to privately talk to some of your former co-workers on the factory floor to see what their thinking is, to learn about how many are in favor of unionizing, who, specifically, is supporting it, and what might make them change their minds. Among the things they want to know is what would work better – threats of reprisals against those supporting a union, or promises of benefits to those who oppose it. You are eager to do well at your new job, but you see some problems with these requests. Of the following choices, what should you do?
a. do as they ask; none of it is illegal
b. tell them you can’t do what they ask because it is illegal
c. tell them you would be glad to talk informally with your former co-workers to find out their attitudes about unionization and why this has come up, but that speaking about reprisals and benefits would be an unfair labor practice

19. Which of the following factors is relevant to a determination of an “appropriate bargaining unit?”
a. similarity of skill
b. interrelationship of tasks
c. common supervision
d. common salaries
e. all of these are relevant
f. a through c only

20. Regarding representation election procedures, which of the following statements is/are true?
a. at least 50% of the employees in a bargaining unit must sign authorization cards
b. an employer may recognize a union only if at least 50% of the employees in a bargaining unit have signed authorization cards
c. if an election is ordered, the employer must provide to the union names and addresses of employees within 7 days
d. the time between when an election is ordered and when it takes place is the time of least scrutiny of the activities of the employer and the union

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must not create or control “company unions.”

b. Employers should not respond to union organizing efforts by raising wages or making other unscheduled changes in employment benefits.

c. Employers must abide by the terms of labor agreements when making human resource decisions regarding their unionized employees.

d. Employers should not establish informal practices of conferring benefits and privileges not specified in labor agreements.

e. If individual employees wish to present their own grievances, their union must be notified and given the opportunity to be present at any meetings about the grievances.

2. What must be proven in order to establish a prima facie case of discrimination by the NLRB?

CHAPTER 15
OCCUPATIONAL SAFETY AND HEALTH
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The minimum level of safety that employers are required to provide is defined through:
a. standards created by OSHA
b. standards created by employers
c. the general duty clause
d. a and c

2. To prove a violation of an OSHA safety standard, the claimant must establish that:
a. an applicable standard exists
b. the standard was not complied with
c. one or more employees were exposed to the hazard
d. the employer knew or should have known of the hazard
e. all of these

3. The general duty clause covers:
a. an employer’s duty to act carefully in structuring the workplace
b. an employer’s duty to be free from negligence
c. hazards for which no specific standard exists
d. all of these
e. a and b only

4. OSHA prioritizes inspections, recognizing that this situation is most urgent:
a. the aftermath of serious accidents
b. situations where there is imminent risk of serious harm or death
c. responses to employee complaints
d. all of these

5. State workers’ compensation laws:
a. apply to injuries that occur in the course of employment
b. provide medical care and rehabilitation, and partial replacement of income
c. are the exclusive remedy for employees injured on the job
d. b and c

6. Match each term to its correct definition.

The OSH Act governs safety in private sector workplaces
Permissible exposure limit the maximum exposure to a hazard allowable under the OSH Act
Cost-benefit analysis an examination of the cost to employers to comply with ah OSH safety standard compared to the economic value of expected improvement in worker health
Experience rating an employer’s track record regarding the number of injuries that have occurred in its workplace
Arising out of employment a requirement for worker’s compensation that refers to the job-related activities leading to an employee’s injury or illness

CHAPTER 15
OCCUPATIONAL SAFETY AND HEALTH
MULTIPLE CHOICE

1. A principal objective of the Occupational Safety and Health Act is ____________:
a. compensating employees for injuries and illnesses that occur on the job
b. preventing injuries and illnesses on the job
c. promoting healthier life styles for employees
d. all of the above
e. none of the above

2. By law, employers must arrange workers’ compensation coverage for their employees.
They may do this by any of the following except:
a. contributing to state workers’ compensation funds
b. contributing to federal workers’ compensation funds
c. self insuring
d. purchasing coverage from private insurers
e. any of the above methods would be acceptable

3. Which of the following is true of OSHA’s permanent standards?
a. they must be followed without exception
b. they apply to firms in all industries
c. they are adopted only after a lengthy process of public hearings and documentation
d. all of the above
e. none of the above

4. Which of the following is NOT true regarding the enforcement process under OSHA (the
Act)?
a. inspectors do not issue citations to employers when they find violations
b. copies of citations received must be posted in the workplace near the sites of the violations
c. employers are not required to correct violations until after their appeals have been decided
d. OSHA inspections are generally unannounced and the employer is required to allow the inspector access as long as the inspector shows proper credentials

5. Which of the following is an element needed to establish a violation of the general duty clause?
a. a potential hazard exists which was known in the industry
b. the employer acted with intent in allowing the hazard to exist
c. feasible means exist to abate the hazard
d. all of the above
e. none of the above

6. In R. Williams Construction Co. v OSHRC, a trench collapsed at a construction site, killing one worker, and severely injuring another. A hydraulic jack supporting the wall had been removed, and the walls of the trench were not sloped, as required by OSHA regulations. The construction firm argued that, although it did not know what the OSHA requirements were, its employees had much work experience and common sense, and they talked about safety “all the time.” The OSHRC ruled:
a. for the employer, because of the several years of experience of its workers
b. for the employer, because the employees frequently talked about safety
c. for the workers, because there was a death and a serious injury
d. for the workers, because OSHA regulations applied, and it is not a defense that the firm did not know about OSHA regulations

7. Ergonomic hazards _______________:
a. are partially addressed by OSHA’s ergonomics standard
b. have been addressed under the general duty clause
c. are not currently regulated due to inadequate knowledge of their causes
d. are not currently regulated because ergonomics is not a recognized and authoritative field
e. none of the above

8. Which of the following is true regarding safety and health inspections?
a. inspection sites are always chosen at random
b. OSHA has the authority to enter and inspect all workplaces, regardless of employer objections
c. in about half of the states, inspections are conducted by state agencies rather than by OSHA
d. all of the above
e. none of the above

9. Regarding Workers’ Compensation, which of the following statements is correct:
a. generally, workers’ compensation is an injured employee’s exclusive remedy
b. pursuant to workers’ compensation, the employer gives up its right to defend against liability for employee injuries with the Fellow Servant Rule
c. pursuant to workers’ compensation, the employer gives up its right to defend against liability for employee injuries with assumption of the risk
d. none of the above is correct
e. all of the above are correct

10. Employees who walk off the job due to dangerous conditions may be protected under OSHA (the Act) if:
a. there has been an inspection and OSHA has validated the claim that dangerous conditions exist
b. the employer has been informed of the hazard and does not correct it
c. there is a specific OSHA standard that applies to the hazard
d. all of the above
e. none of the above

11. Which of the following is true of OSHA reporting and recording requirements?
a. employers with fewer than 50 employees are generally exempt from recording injuries and illnesses
b. all injuries or illnesses must be reported to OSHA within 6 days of their occurrence
c. injuries that result in death or the hospitalization of three or more employees must be reported to OSHA within 8 hours of their occurrence
d. all of the above
e. none of the above

12. Which of the following is true of workers’ compensation?
a. employees are compensated for workplace injuries and illnesses as long as the employer’s negligence played a part
b. experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer
c. because employees are hurt through no fault of their own, workers’ compensation is designed to replace all of the income lost due to inability to work
d. employers can always avoid paying workers’ compensation if it can be shown that the employee’s own careless actions contributed to the injury
e. none of the above

13. Which of the following agencies was NOT created by the Occupational Safety and Health Act?
a. The Occupational Safety & Health Administration
b. The Occupational Safety & Health Review Commission
c. The National Institute of Occupational Safety & Health
d. The National Institute of Mental Health

14. Regarding OSHA inspections, which of the following statements is NOT correct?
a. most enforcement actions derive from employee complaints and OSHA inspections
b. most inspections are unannounced
c. if an emergency exists, OSHA has the right to enter a workplace without a warrant
d. OSHA routinely visits each workplace annually
e. none of the above

15. A woman wrenched her back participating in a limbo contest on the weekend. Feeling better, she went to work at her job as a secretary on Monday. Lifting a box of copier paper, she experienced severe back pain and needed immediate medical attention. She was off from work for two weeks due to the injury and filed a claim for workers’ compensation. If her employer contested the claim, the most likely outcome of the case would be:
a. denial of the claim because the injury did not occur in the course of employment
b. denial of the claim because, under the usual exertion rule, the injury did not arise out of employment
c. granting of benefits because, under the usual exertion rule, the injury arose out of employment
d. granting of partial benefits due to the pre-existing injury

16. The best thing an employer can do to avoid OSHA violations is:
a. take steps to prevent workplace injuries
b. create a comprehensive workplace safety program
c. be proactive in assessing workplace hazards
d. all of these

17. You are an administrative clerk in the Human Resources Department of a construction firm. You are aware that there have been several injuries on the job site in the past two months, some of them serious, and know that reports are supposed to be filed with OSHA reporting serious injuries. The HR manager has been complaining bitterly about OSHA, especially since they have done inspections at your firm’s job sites twice in the last year, and has made comments like, “It’s none of their damned business if one of our guys is stupid enough to get hurt.” It is one of the tasks of the Assistant HR Manager to file reports of serious job accidents, but she has suddenly resigned. You are asked to temporarily take her place. You do so, and discover in her desk drawer, paper-clipped together, the reports of serious injury which have been prepared over the past 3 months, but not sent to OSHA. Considering your duties and your legal protections, which of the following would be your best option?
a. send them in an overnight package to OSHA immediately, but say nothing; (maybe they’ll think she sent them in)
b. send them in an overnight package to OSHA immediately, but tell the HR Manager that you have sent in the reports so as to comply with the law
c. tell the HR Manager that you found the reports, and ask what he wants you to do; (you know what answer you’ll get)

18. You work in a large office in the “bullpen,” a large open area of desks, chairs and computers, where about 50 people work, separated only by low-level cubicle walls. In this area, several teams of people work together on different projects. Lately, there have been a lot of pranks played by one rowdy team upon another team (not yours), which have escalated. Yesterday, someone lowered the seat of a worker’s chair while he was out of his cubicle, and when he returned and attempted to sit down, he fell and injured his back. You believe this conduct needs to stop, but management has so far ignored the situation. What should you do and why?
a. do nothing; if you report this conduct, you’ll be ostracized by your co-workers; besides, its harmless horseplay
b. report the behavior to management, telling them about the potential for more serious injuries, and asking them to take steps to stop it
c. report the behavior to OSHA, and ask for an inspection; OSHA can’t reveal your name, so no one will know (though the company may get in trouble)

19. Your office is being expanded, which is good, but the noise of construction is bothering some workers. Some complain of headaches, others of hearing problems. If you are the Safety Director for the firm, which of the following would you recommend as the best remedy?
a. the firm should supply earplugs to the office staff, and try other means to reduce noise from the construction site
b. the construction firm should be ordered to work more quietly
c. those who are suffering from hearing problems and headaches should go home
d. all of these

20. The elements of a specific violation of OSHA regulations include all of the following EXCEPT:
a. an applicable standard exists
b. the standard was not complied with
c. one or more employees were injured by the hazard
d. the employer knew or should have known of the hazard

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must provide employees with employment and places of employment free from recognized hazards that are causing or likely to cause death or serious physical harm to employees

b. Employers must allow OSHA inspectors to enter the workplace and conduct inspections, but can insist that the agency first obtain a warrant

c. Firms using workers from contract companies should ensure that those companies have provided workers’ compensation for those workers

d. Employers should require that employees report all injuries that occur in the workplace as soon after they occur as possible

e. Light duty assignments should be available and considered for employees who have been injured on the job and who are not yet capable of performing their regular jobs

2. Workers’ compensation requires that for an injured employee to be eligible for benefits,
they must be injured arising out of and in the course of employment. Questions
frequently arise when the injury is caused by the employee’s misconduct or the misconduct of a fellow worker. Discuss how employee misconduct is looked at when
determining whether an injured employee is eligible for benefits.

CHAPTER 16
PERFORMANCE, TRAINING, APPRAISALS AND DEVELOPMENT
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Regarding performance appraisals, it is correct to say that:
a. employers have a duty to conduct performance appraisals
b. employers do not have a duty to conduct performance appraisals
c. courts will not recognize a claim for a negative appraisal which was deserved
d. b and c

2. When an employee suffers the loss of an employment opportunity and alleges discrimination, but the employer alleges poor performance, these become important:
a. performance appraisals
b. hazard communication standards
c. apprenticeship programs
d. development

3. Employers must provide training to:
a. all employees
b. al employees who are exposed to certain hazards
c. new employees
d. all of these
e. a and b only

4. If an employer fails to train an employee, knowing that he is without necessary skills and may injure others, and someone is injured, that person states a claim for:
a. negligent hiring
b. negligent background check
c. negligent training
d. none of these

5. Under the Fair Labor Standards Act, most training must be:
a. held on site
b. compensated
c. uncompensated
d. none of these

6. Match each term to its correct definition.

Performance appraisal a review of an employee’s performance
Performance criteria standards used to judge an employee’s performance
Training programs that teach employees how to do their jobs, or improve their skills
Right to know the idea that employees have the right to receive information about the dangerous chemicals they encounter on the job
Apprenticeship program it typically combines classroom instruction with work under the guidance of an experienced co-worker

CHAPTER 16
PERFORMANCE APPRAISALS, TRAINING, AND DEVELOPMENT
MULTIPLE CHOICE

1. Which of the following is true regarding performance appraisals?
a. most employers are legally required to conduct performance appraisals
b. employers may appraise some employees randomly and not others
c. performance appraisals are key pieces of evidence in many discrimination cases
d. an inaccurate performance appraisal, standing alone, always creates liability for the employer

2. Under the ADA, performance appraisals for disabled persons:
a. cannot hold disabled persons to the same standards of performance as non-disabled persons
b. cannot consider any difficulties performing non-essential job functions
c. should assess job performance both with and without any reasonable accommodations
d. are not permitted because of the inherent disadvantage that certain disabled employees have when compared to non-disabled employees

3. You are the judge hearing a Motion for Summary judgment filed by an employer in the case of an employee who has been terminated. The employee was the sole African-American customer service representative at the firm, who had a lengthy record of good evaluations. However, she received more negative evaluations over a period of three years after a new supervisor was hired, though the more stringent requirements applied to her were not applied to white employees. After 3 years, the employee was then selected for termination in a downsizing based on the previous 3 years’ evaluations. Based on this evidence, what should you decide?
a. you should grant summary judgment for the employer because the termination was based on performance appraisals rather than race
b. you should grant summary judgment for the employer because a discrimination claim based on performance appraisals going back three years was no longer timely
c. you should allow the employee to go to trial because African-Americans disproportionately received low performance ratings in this company
d. you should allow the employee to go to trial because the termination was based on performance appraisals that were tainted by consideration of the employee’s race
e. none of the above

4. In question # 3 above, evidence is introduced that the statute of limitations for filing an EEOC claim is 300 days in the state where the case was filed. Since the performance appraisals which were allegedly tainted by race were issued more than 300 years before the case was filed, the employer moves to dismiss the case, arguing that the statute of limitations has passed, the case has been filed too late. Based on this evidence, what should you decide?
a. the case should be dismissed because the statute of limitations has passed, and the case was filed too late
b. the case should be dismissed because the tainted evaluations triggered the employee’s right to file a cause of action, and the case should have been filed within 300 days of the first tainted performance appraisal
c. the Motion to Dismiss should be denied because the employee’s right to file a cause of action accrued when she was terminated, and not when a tainted performance evaluation was created
d. the Motion to Dismiss should be denied because the case of a termination based on tainted performance evaluations may be filed at any time

5. Performance appraisals:
a. should cite specific instances of good or bad performance
b. should never contain language strongly criticizing an employee’s performance
c. should consist primarily of numerical ratings because these are more objective
d. all of the above
e. none of the above

6. OSHA’s hazard communication standard requires:
a. specific content and methodology regarding the training of employees in hazards that they might reasonably encounter on the job
b. that employers maintain material safety data sheets for all hazardous chemicals used in the workplace
c. that employers provide employees with information about evacuation routes and other emergency procedures
d. all of the above
e. none of the above

7. The forced distribution method regarding performance appraisals consists of:
a. setting a schedule mandating when particular departments or divisions would be evaluated over an extended period of time
b. evaluating protected classes within departments separately so that consistency within these groups can be maintained
c. requiring that predetermined percentages of employees be placed into particular performance categories
d. banding of performance appraisal results to create equality and negate the effect of statistical inconsistencies in the evaluation itself which might have led to potential discrimination

8. In Hoffman v. Caterpillar, a disabled employee was refused the opportunity to train on a new machine because her supervisor believed that her disability would make it impossible to operate the machine with acceptable speed. The court held:
a. Under the ADA, failure to train is a materially adverse employment action that can be challenged as discriminatory
b. The employer engaged in disparate treatment, provided the employee can prove that she is able to operate the machine
c. The employer is not obligated to reasonably accommodate the employee in the training process because operating the machine is not required for her current job
d. all of the above
e. none of the above

9. Under Title VII, in cases of discrimination, punitive damages are:
a. available for intentional or unintentional discrimination resulting from ordinary negligence when an employer has violated an employee’s federally protected right
b. available only for intentional discrimination resulting from mere indifference when an employer has violated an employees federally protected right
c. available only for intentional discrimination resulting from malice or reckless indifference when an employer has violated an employees federally protected right
d. not allowed or available

10. Regarding performance appraisals, which of the following statements is NOT true?
a. courts will review contested performance appraisals to determine whether or not they are correct
b. negative performance appraisals, by themselves, do not prove discrimination
c. employees who conduct performance appraisals should be trained in how to conduct them
d. a biased negative appraisal may constitute disparate treatment
e. none of the above

11. Which of the following is NOT true regarding performance criteria and standards?
a. There is no requirement that they be communicated to employees prior to the appraisal of their performance if a job description is available
b. They must be applied consistently regarding employees, department and sections within the organization
c. They must be job related
d. They must be specific and objective

12. A 360 degree appraisal:
a. is conducted by the employee’s superior and that superior’s superior
b. is comprehensive and appraises performance, attitude and potential in a single evaluation
c. is conducted by other employees, at various organizational levels, as well as customers or other stakeholders that deal with the employee being appraised
d. is an appraisal that consists of a required number of positive and negative performance ratings (i.e. – three best and three worst attributes) in various performance proficiencies

13. The most common performance criteria used includes all of these EXCEPT:
a. punctuality
b. quality of work
c. willingness to work two jobs
d. leadership
e. all of these are commonly used

14. Which of the following statements regarding the timing of performance appraisals is true?
a. a negative performance appraisal given shortly before layoffs or terminations appears to be pretext
b. a negative performance appraisal given shortly after an employee has filed a charge against the employer appears to be retaliation
c. a positive performance appraisal given just prior to salary review may be grounds for raising an employee’s salary
d. all of these are true

15. Regarding the language to be used in performance appraisals:
a. the language, if negative, should be as forceful as possible to convey the negative evaluation
b. should be measured and professional, whether conveying a positive or negative appraisal
c. should use common terms, and pleasant language, so as to avoid claims of defamation
d. none of these

16. In Metty v Motorola,, a high-level manager consistently received positive performance reviews from her immediate supervisor for four years. She earned bonuses, salary increases, and was promoted to the senior leadership team. Some criticisms were made of her interpersonal relations with others, but these were not emphasized. After a change in management, top managers grew more critical of her. She was passed over for promotion, the promotion being given to a male with less experience. Responsibilities were taken away, and she was dropped from the senior leadership team. A new (never-again used) 9-point rating system was used, on which she earned the lowest possible score. The CEO said he wanted her out “legally,” and asked “How do we explain this to a jury?” Managers explained there was little support for her among them, and she did not “fit.” She sued for sex discrimination. On appeal, the court ruled:
a. for the employer, finding that the employee had failed to meet performance requirements
b. for the employer, finding that the employee was not discriminated against
c. for the employee, finding that she had met all performance standards, while the complaints against her were mostly subjective
d. for the employee, finding that she was entitled to the promotion she had sought

17. The “forced distribution method” of performance appraisals:
a. require that predetermined percentages of employees be placed into particular performance categories
b. often require that employees in the lower performance categories are subject to termination or are ineligible for bonuses and raises
c. may lead to claims of age, race or sex discrimination
d. all of these

18. As a new manager, you are delighted with your new job (and higher pay), but now it’s time for the annual performance appraisals of the staff you supervise. Worse, you have been directed to downsize your department by 10%. Many of your colleagues have offered you advice as to how to proceed. Among the following, which would NOT be good advice?
a. use a forced distribution method of performance appraisal, which will help you achieve a 10% cut in department staff easily, and avoid legal claims
b. as you conduct the performance appraisals, speak gruffly to each employee, in order to prepare them for possible termination
c. make clear that no matter how well they have done their jobs, it is no guarantee that they will survive the cut; don’t allow or answer any questions
d. none of these would be good advice
e. all of these would be good advice

19. You are the crew supervisor of a group of men and women who clean offices for commercial office buildings in downtown Manhattan. Few of them speak or read English, and part of your job is to give them their instructions in Polish and Spanish, as the case may be. Your Spanish is pretty good, but your Polish is rudimentary at best. The firm you work for, Commercial Cleaning, LLC, has just switched cleaning agents to a highly effective, but highly toxic cleaning agent for marble floors which is dangerous to humans and to the environment, and requires complex and special handling. You’re not even sure you could explain the instructions to the Spanish-speaking employees, let alone the Polish employees. You’ve raised the issue with your boss, who tells you not to worry about it. He said that even if the employees became ill by using the product, the illness would not show up for a long time, so there’s no way to connect it with the firm. He refuses to provide instructions translated into Spanish and Polish, or latex gloves which are required for its handling. You have a choice. You know that some actions would put your employer first, some would put yourself first, and some your crew. Of the following actions, which would put your crew first?
a. Do nothing. The decision is out of your hands.
b. Try the best you can to explain to your crew, using gestures and pantomiming, how to use the new cleaning agent, and recommend that they get gloves. Hope that no one becomes ill.
c. Get a translation into Spanish and Polish of the complex instructions. Pay for it yourself. You don’t want the consequences that might befall your crew on your conscience.
d. Report the firm anonymously using the OSHA hotline. Quit and get another job.

20. Regarding the Drug-Free Workplace Act, which of the following is NOT true? The Act requires that:
a. all employers adopt a drug-free workplace policy
b. employers with drug policies inform their employees about the dangerous associated with drug use
c. employers with drug policies provide counseling and rehabilitation
d. employers with drug policies advise employees about the potential penalties for drug violations

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. It is highly advisable for employers to conduct performance appraisals and to maintain credible, written documentation of performance

b. Global performance ratings should be avoided, unless they are derived by combining ratings on more specific criteria

c. Employers should be cautious in deciding whether to used forced distribution methods of performance appraisal

d. Time spent in training, even outside normal work hours, will usually have to be compensated

e. Employers that have contracts with the federal government must create and maintain drug awareness programs for their employees

rug Free Workplace Act – Makes this a requirement.

2. Professor Jonathan has applied for promotion and tenure at a local university. He is
required to compile a portfolio, evidencing his accomplishments and qualifications. This
portfolio is then evaluated by his Departmental Promotion & Tenure Committee, consisting of tenured departmental members, who makes a recommendation to the Department Chair. The Chair makes a recommendation to the Dean, who then makes a recommendation to the University wide P & T Committee. The University Committee is made up of various faculty members from throughout the university, some of whom know Jonathan and some of whom don’t. This committee makes their recommendation to the Provost who in turn makes a recommendation to the University President. The process ends when the President makes a recommendation to the Board of Trustees. Jonathan’s portfolio travels from level to level and is reviewed prior to each recommendation. However, Jonathan is not permitted to address any of the decision makers during their review. Assuming that you can’t change the number or order of steps in the review process, what are some of the concerns that need to be addressed in order to keep this system free from discrimination or question?

CHAPTER 17
PRIVACY ON THE JOB
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Regarding public employees and privacy, which of the following is NOT true?
a. they are protected from unreasonable searches and seizures by the 4th Amendment
b. they have a reasonable expectation of privacy at work
c. warrants are not required for workplace searches
d. all of these are true

2. Under common law, four different types of privacy torts are recognized. They include all of these EXCEPT:
a. intrusion upon seclusion
b. public disclosure of private facts
c. placement in a fraud light
d. appropriation of name or likeness

3. The Privacy Act applies to:
a. all employees
b. all federal employees
c. private employees
d. all of these

4. Regarding the Employee Polygraph Protection Act (EPPA), which of the following statements is NOT true?
a. the Act prohibits most polygraph testing by private employers
b. polygraphs can be used for ongoing investigations of theft
c. in the case of an ongoing investigation, all employees must take the polygraph
d. all of these are true

5. If an employee is falsely accused of wrongdoing, and that accusation is communicated to others, the employee may:
a. have a cause of action for intrusion upon seclusion
b. have a cause of action for discrimination
c. have a cause of action for defamation
d. none of these

6. Match each term to its correct definition.

Reasonable expectation of privacy whether, under the circumstances, a reasonable person would expect to enjoy privacy
Public disclosure of private facts a privacy tort claim in which plaintiffs must show that private facts of their lives of no legitimate concern to the public were widely publicized in a highly offensive way
Privacy Act regulates the handling of personnel records by agencies of the federal government and allows federal employees access
Ordinary course of business routine business activities, performed for legitimate business purposes, about which employees are notified
Intentional infliction of
Emotional distress a common law tort claim in which claimant must show an intent to harm, shocking or outrageous behavior not tolerable in a civilized society, and severe emotional harm

CHAPTER 17
PRIVACY ON THE JOB: INFORMATION, MONITORING, AND INVESTIGATION
MULTIPLE CHOICE QUESTIONS

1. A department store clerk learns that her employer has placed a hidden video camera in the employee changing room. If she sues, the claim would most likely be for:
a. violation of her 4th Amendment right to be free from unreasonable search or seizure
b. intrusion upon seclusion
c. public disclosure of private facts
d. false imprisonment
e. appropriation of a name or likeness

2. Regarding surveillance and video monitoring of employees, it is correct to say all of the following EXCEPT:
a. before surveillance or video monitoring of employees can take place, a search warrant must be obtained
b. surveillance and video monitoring of employees can take place in all places open to public view, without the need for a search warrant
c. all employees, public and private, have some reasonable expectation of privacy at work
d. none of these is true

3. Which of the following is an element of an intrusion upon seclusion privacy tort claim?
a. one party intentionally pries into the private affairs of another
b. the broad disclosure of private information to others
c. the use of private information by others for their own benefit
d. all of the above
e. none of the above

4. Conduct that is “outrageous” is required to establish:
a. a privacy tort claim
b. infliction of emotional distress
c. false imprisonment
d. malicious prosecution
e. none of the above

5. The Privacy Act requires:
a. that covered employers adopt written workplace privacy policies
b. that employees be informed if they are subject to monitoring or surveillance in the workplace
c. that medical records must be kept confidential and separate from personnel files
d. all of the above
e. none of the above

6. In Dietz v. Finlay Fine Jewelry, a store clerk who gave an unauthorized discount to a customer was interrogated by security personnel. The court held that:
a. her false imprisonment claim was properly dismissed because the employer had proof that she gave the unauthorized discount
b. she could go to trial on her defamation claim because false, damaging accusations were made in the presence of others
c. she could go to trial on her malicious prosecution claim because the employer pressed criminal charges against her
d. she could go to trial on her infliction of emotional distress claim because she was very upset by the interrogator’s questioning of her
e. none of the above

7. Regarding the right to privacy:
a. employees have a 4th amendment right to be free from unreasonable searches and seizures of their workplaces
b. common law privacy protections apply to public, but not private employees
c. whether an employee has a reasonable expectation of privacy is determined on a case-by-case basis
d. constitutional rights to privacy apply to private, but not public employees

8. Employers may conduct hidden video surveillance of employees:
a. in bathrooms and locker rooms if the employer suspects drug use or other illegal activities
b. in private offices because the office is part of the employer’s property
c. in the company parking lot
d. all of the above
e. none of the above

9 Amanda is an employee at a high end department store in the HR department and has
been in her office all day. After a pair of diamond earrings are found missing from the
jewelry department, Mike, the store manager has every employee in the store brought
together pursuant to an investigation. Which of the following is true?
a. because the missing items are extremely small, Mike can order Amanda into a room to be strip searched by Hilda, the head of security
b. Mike can go through the contents of Amanda’s purse as long as he doesn’t touch her physically
c. Mike can search Amanda’s desk
d. all of the above
e. none of the above

10. Under the Employee Polygraph Protection Act:
a. employees have a right to review all questions before the test begins
b. employees can be disciplined or discharged for refusal to submit to a polygraph
c. employees cannot terminate a polygraph exam once it has begun if they have voluntarily consented to the exam
d. all of the above
e. none of the above

11. The Electronic Communications Privacy Act:
a. prohibits the intentional interception of electronic communications
b. prohibits the monitoring of computer use by employers
c. prohibits the accessing of stored e-mail messages by employers
d. all of the above
e. none of the above

12. In Stengart v Loving Care Agency, the employee used a company laptop to communicate with her lawyer by means of a web-based, password-protected personal email program. She left the firm, returned the laptop, and sued for discrimination. Forensic experts recovered her emails from the laptop for the company, and its attorneys used the emails in discovery, telling no one what they had found. Plaintiff’s attorney discovered this, and demanded that these privileged communications be returned, which was refused. The trial court found that Plaintiff had waived her attorney-client privilege. The appellate court reversed, finding that the employer’s lawyers were guilty of misconduct. The Supreme court ruled:
a. for the employer, because the employee had waived her right to attorney-client privilege because of the company’s privacy policy, and the use of the company laptop
b. for the employer because the employee was not permitted to send personal emails on company time
c. for the employee, because the company’s attorneys had acted improperly
d. for the employee, because she had not waived her right to attorney-client privilege, and the company privacy policy did not address the use of personal web-based email programs

13. Which of the following torts has as a required element of proof, an intent to harm.
a. intrusion upon seclusion
b. public disclosure of private facts
c. placement in a false light
d. intentional infliction of emotional distress

14. Which of the following torts has as a required element of proof, the matter is not of legitimate concern to the public.
a. intrusion upon seclusion
b. public disclosure of private facts
c. placement in a false light
d. intentional infliction of emotional distress

15. Which of the following laws mandates that medical information obtained from current employees must be job-related and consistent with business necessity?
a. The Privacy Act
b. The Americans with Disabilities Act
c. The National Labor Relations Act
d. The Occupational Safety and Health Act

16. Under the OSH Act, records of an employee’s exposure to toxins must be kept for:
a. 5 years
b. 10 years
c. 20 years
d. 30 years

17. HIPAA applies primarily to:
a. health care providers
b. hospitals receiving Medicare payments
c. self-insured companies
d. all firms contracting with the federal government
e. a and c
f. none of these

18. Regarding the monitoring and surveillance of employees, an employer could legally place video cameras in which of the following locations?
a. employee rest rooms
b. at an employee’s computer workstation
c. at the front entry to the office
d. none of these

19. Your boss has told you that he suspects that his wife (whose desk is next to yours) is cheating on him, and having an affair with another man. Because your desk is next to hers, he has asked you to check her computer for evidence of this when she steps away from her desk, which she frequently must do. In the past, she has asked you to watch for urgent emails from customers and others while she was gone, and to page her, which you have done. So even if she came back unexpectedly and found you at her computer, it would probably not arouse her suspicion. Although you are reluctant to do this, he is your boss, and could make things difficult for you. What should you do?
a. Do it even though you’re reluctant to do so. You have nothing to lose and everything to gain. If it turns out she is having an affair, he needs to know, and if there’s no evidence of it, he will be relieved – and grateful.
b. Don’t do it, even though your boss will may not understand. Tell him that if the situation were reversed, that is, if she was asking you to spy on him, you wouldn’t do that, either. Tell him that this is a private matter, between him and her. Hope that he understands.

20. Regarding employer searches of employees at the workplace, which of the following is true?
a. generally, employers may conduct searches of employee workplaces, although obtaining consent is best
b. all such searches should be conducted in a reasonable manner
c. evidence obtained through searches must be handled carefully
d. all of these are true

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers should adopt workplace privacy policies

b. Employers should generally allow employees access to their personnel files and obtain their consent before disclosing information about employees.

c. Searches should be no more extensive or intrusive than necessary

d. Interrogations of employees suspected of wrongdoing should be kept as brief as possible

e. Employers should carefully consider whether or how to use third parties in workplace investigations

f. Information about employee misconduct derived from investigations should be treated as confidential and shared only with those who have a legitimate need to know

2. Jordan has just graduated and has started a new job as an investment banker. After her conditional offer of employment, she took a company required medical exam and then when she applied for company life insurance coverage, she was required to take a second medical exam. Although she is currently an avid cyclist and very healthy, in the past she had experienced certain problems. In her freshman year, she suffered through a problem pregnancy and a resultant still birth. As a result, she underwent an involuntary hysterectomy to save her life. She was devastated that at 19 years old she would never be able to have a child and suffered from depression. She underwent intensive psychological counseling for six months and is currently very well adjusted and other than some regret, she has accepted her fate. Both her demeanor and appearance are both normal and fit. She is however, a very private person and is concerned that her personal information could become public. What would you tell her about the laws that protect her?

CHAPTER 18
TERMINATING INDIVIDUAL EMPLOYEES
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The legal framework governing the termination of most private-sector non-union employees can best be described as:
a. employment at will
b. employment at will with exceptions
c. just cause, due process
d. none of these

2. The right of employers to terminate employees may be limited by which of the following?
a. employer policies
b. managers’ statements
c. handbook provisions
d. the right may be limited by all of these

3. Public policy would protect an employee fired for any of the following reasons EXCEPT:
a. an employee’s refusing to engage in illegal activity
b. an employee’s exercising a legal right
c. an employee’s reporting of illegal activity
d. an employee’s refusing to work overtime

4. The just cause/due process standard applies to:
a. public sector employees
b. most unionized employees
c. employees residing in Montana
d. all of these are true
e. a and b only

5. The human resource decision most likely to result in legal action is:
a. failure to hire
b. demotion
c. termination
d. none of these

6. Match each term to its correct definition.

Employment at will an employment relationship in which either party may sever the employment relationship at any time, for any reason not specifically prohibited by law
Constructive discharge an employer creates intolerable working conditions with the intention of forcing an employee to quit
Public policy exception an exception that allows an arbitrator’s decision to be overturned if it is contrary to a well-defined public policy
Performing a public duty actions taken in the public interest, though not specifically required
Progressive discipline a system in which successive violations earn increasingly more severe discipline

CHAPTER 18
TERMINATING INDIVIDUAL EMPLOYEES
MULTIPLE CHOICE QUESTIONS

1. In Dillon v. Champion Jogbra, Dillon claimed a wrongful discharge maintaining that
modifications of the employee manual created an implied contract negating the
employer’s claim that she was an at-will employee. The court said:
a. when the terms of a manual are ambiguous…or send mixed messages regarding an employee’s status, the question of whether the presumptive at-will status has been modified results in a presumption in favor of the employer
b. when the terms of a manual are ambiguous…or send mixed messages regarding an employee’s status, the question of whether the presumptive at-will status has been modified results in a presumption in favor of the employee
c. an employer may modify an at-will employment agreement unilaterally
d. an employer may only modify an at-will employment agreement bilaterally in agreement with the employee

2. Which of the following is a circumstance under which the public policy exception to employment at will is recognized?
a. termination for reporting illegal activity
b. termination for refusing to commit an illegal act
c. termination for exercising a legal right
d. all of the above
e. none of the above

3. Just cause is required for the discipline or discharge of unionized employees because:
a. the Constitution requires it
b. labor agreements require it
c. the National Labor Relations Act requires it
d. arbitrators prefer the just cause standard to employment at will
e. none of the above

4. The Montana Wrongful Discharge from Employment Act (WDEA):
a. requires the arbitration of all wrongful discharge claims
b. prohibits discharges that are not for good cause
c. requires that employers provide due process before discharging employees
d. all of the above
e. none of the above

5. The legal environment for public employees differs from private sector employment because public employees:
a. are covered by civil service laws
b. generally enjoy a property interest in their jobs
c. have speech and other substantive constitutional rights
d. all of the above
e. none of the above

6. An employment manual contains a notice and disclaimer that the employment is entirely “at will,” and also contains a progressive discipline system which recites an escalating series of notices and warnings before termination. If an employee is terminated immediately, and the progressive discipline system is not followed:
a. the termination is justified because the manual contains an “employment at will” disclaimer
b. the termination is not subject to legal redress because the manual contains an “employment at will” disclaimer, so the employer had a right to terminate employment without conditions
c. the termination is suspect because the progressive discipline system was not followed
d. the termination is suspect because the employment manual is ambiguous
e. two of the above

7. In a constructive discharge:
a. the employer provides feedback on performance problems that will help the employee in a future job
b. a quit is treated as a termination because circumstances forced the employee to leave
c. the employee will be able to sue for the tort of constructive discharge
d. the employee is fired after the employer has built or constructed a prima facie case for the employee’s dismissal

8. Which of the following is generally required to establish just cause for a termination?
a. due process
b. proof that a known rule was violated
c. consistent enforcement of the relevant rule or standard
d. all of the above
e. none of the above

9. Which of the following is required for a successful implied contract wrongful discharge claim?
a. a written contract signed by both the employer and the employee
b. a specific oral promise limiting employment at will
c. a clear and prominent written disclaimer
d. all of the above
e. none of the above

10. Over lunch, a manager at Microsoft says to another manager, “You know, just between you and me, it might not have been the worst thing in the world if the court had ordered the company to break-up. We really are too big.” The comment was overheard by another employee at the next table and passed on to higher-level managers. If the manager is fired for making the statement and she sues Microsoft, a court would most likely rule:
a. For the employee because she would be covered under whistleblower protection laws
b. For the employee because the company would be violating her First Amendment right of free speech
c. For the employee because her speech constituted protected concerted activity under the National Labor Relations Act
d. For the employer because her statements showed disloyalty to the company, for which she could lawfully be terminated
e. For the employer because she is employed at will and none of the exceptions to employment at will apply in this case

11. Due process includes:
a. a clear statement of charges by the employer
b. an opportunity for the employee to respond to those charges
c. an investigation into the facts of the case
d. all of the above
e. none of the above

12. Regarding the termination of individual employees, it is NOT correct to say that:
a. the rights of the employee will depend upon whether she works in the private sector or the public sector
b employers can effective avoid the legal consequences of termination by effectively (but not officially) discharging employees
c. the rights of the employee will depend upon whether he works in a facility that is unionized
d. the employer must follow the procedure for termination set down in the employee handbook

13. A salesperson makes a large sale for which she is entitled to a commission. To avoid making the payment, the employer terminates the employee. The legal claim that best applies to this termination is:
a. breach of the covenant of good faith and fair dealing
b. promissory estoppel
c. intentional interference with a contractual relationship
d. implied contract
e. infliction of emotional distress

14. Among the factors considered by the courts in determining whether a quit was actually a constructive discharge are all of these EXCEPT:
a. demotions
b. reductions in job responsibilities
c. reassignment to greater responsibility
d. badgering
e. reassignment to work under a younger supervisor
Answer: C

15. After a troublesome time with a new manager, an employee who had always had highly positive reviews returned from vacation to find that her desk had been cleared out, all of her belongings were in boxes, and her office was being used for storage. While she was on vacation, her new supervisor had called, asking where certain documents were located. When he found the employee’s answer unsatisfactory, the supervisor said, “Well, this is the last straw.” What is the best assessment of this situation?
a. the employee has suffered discrimination
b. the employee has suffered a constructive discharge
c. the employee has quit
d. none of these

16. A veteran teacher was told by a school superintendent that he would recommend that the school district not renew her contract at the end of the school year. Rather than contest the recommendation, the school teacher retired. What is the best assessment of this situation?
a. the employee has suffered discrimination
b. the employee has suffered a constructive discharge
c. the employee has quit
d. none of these

17. You are the HR Manager for your company. One of your employees has been actively involved in demonstrations at City Hall, protesting the city’s refusal to adopt any environmentally-friendly ordinances or practices. While at these protests, he is often wearing a company T-shirt, and you are concerned that news reports of the demonstrations will lead people to conclude that your company is protesting the city’s environmental policies, something which your Board of Directors has not authorized. You should:
a. give the employee a “warning,” the firs step in your employee handbook’s progressive discipline process, warning him that he must stop protesting
b. tell the employee that you do not approve of his conduct, and that it will be taken into account when he comes up for a raise of promotion
c. ask the employee to wear some other shirt while protesting, so that people don’t think your company is also protesting
d. terminate the employee
e. a and b

18. You have just been hired as the new HR Director of your firm, and have received a complaint and summons served by the sheriff, relaying the lawsuit filed by a former employee. As you read through the complaint, you can see that the employee himself wrote it (and not a lawyer), but think you recognize what your predecessor did wrong. It was this:
a. The employee alleges that he was offered a month’s severance pay in exchange for a release of claims against the company.
b. The employee alleges he was never told why he was being fired, and thinks it was because he is Irish. He claims discrimination based on national origin.
c. The employee alleges he was only given 2 hours to clean out his desk, while a security guard watched.
d. The employee alleges he was called into the HR manager’s office 4 times over the past 6 months, and given warnings that he was not performing satisfactorily. He alleges that this constitutes harassment.

19. An employee of a family-owned car dealership suffered an injury while lifting computer equipment on the job. The employee reported the injury to the HR department, and sought worker’s compensation benefits. The owner of the car dealership was convinced that the injury was actually incurred in a stockcar accident, and told a supervisor to get the employee to sign a form waiving his right to receive worker’s compensation for the injury. The supervisor (a brother of the owner) was told that if he didn’t get the employee (who happened also to be his son) to sign the waiver, both of them would be fired. A waiver was never signed, and both employees were terminated. They sued. All of the following are most likely true, EXCEPT:
a. The employee who was injured is exercising a legal right, and may not legally be terminated for doing so, based on the public policy exception to employment at will.
b. The employee who was asked to get a signed release for an on-the-job injury is refusing to perform an illegal act, and may not legally be terminated for doing so, based on the public policy exception to employment at will.
c. The owner of the car dealership is within his rights to try to reduce the costs to his company by whatever means he can.
d. The owner’s dinner table this Thanksgiving will likely be missing the owner’s brother and nephew.
e. all of these are true

20. This occurs when a party takes action in reliance on the promise of another, who then breaks that promise.
a. promissory estoppel
b. intentional interference with a contractual relationship
c. retaliation for an act supporting public policy
d. none of these

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Resignations should be documented in written resignation agreements that stipulate the voluntary nature of the resignation

b. Terminated employees should be provided with a clear and succinct statement of the reasons for their termination

c. Discipline should be administered in a consistent fashion

d. Unionized employers must communicate any significant changes in rules to employees and their union before enforcing those new rules.

e. Prior to termination, public employers must provide employees with notice of the charges against them, an explanation of the evidence, and an opportunity to respond.

f. Employers should incorporate disclaimers into employee handbooks and other documents defining the employment relationship

2. You are the Director of Human Resources for a medium sized company private company and have discharged Aimee, a 25 year old black at-will employee for poor work, constant tardiness, and taking longer breaks than authorized by company policy. She is not well liked by her fellow workers and her work is indeed slightly below satisfactory levels. Company files evidence numerous sub-standard reviews and that her conduct persisted despite numerous written warnings. You are confident that the company has proper cause to terminate Aimee whether she was at-will or not. When you call her into your office to notify her of her termination, she gets very indignant saying that her work is fine and that she’s not the only one late or abusive of break periods. She then asserts that she’s being singled out because of her sex and her race. She asks about severance pay and you notify her that there will not be any. Aimee then informs you that she is going to sue the company for wrongful termination based on discrimination and for severance pay. The company does not want Aimee to work there any more under any circumstances but does not want the cost or publicity that a law suit would bring. What would you suggest to possibly abate the law suit?

CHAPTER 19
DOWNSIZING AND POSTTERMINATION ISSUES
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Which of the following is generally true?
a. employers may go out of business
b. employers may close facilities
c. employers may reduce the number of people they employ
d. all of these are true

2. Generally, which of the following is/are true? The Worker Adjustment and Retraining Notification (WARN) Act:
a. prohibits large employers from ordering plant closings
b. prohibits large employers from ordering mass layoffs without a 60 day notice
c. prohibits large employers from closing facilities
d. all of these are true

3. Downsizing and Reduction in Force cases typically result in claims of:
a. race discrimination
b. age discrimination
c. sex discrimination
d. none of these

4. Employees who quit their jobs are:
a. eligible for unemployment insurance
b. not eligible for unemployment insurance
c. entitled to help in finding another job
d. all of these are true

5. Employers sometimes use which of the following means to control a former employee’s actions?
a. a non-competition agreement
b. lawsuits against former employees for divulging trade secrets
c. lawsuits against former employees for defamation
d. all of these

6. Match each term to its correct definition.

availability for work a requirement for receiving unemployment insurance
downsizing terminations of employment based on the employer’s determination that the number of positions needs to be reduced
plant closing Under the WARN Act, a shutdown of a single site of employment for 30 days for 50 full time employees
mass layoff Under the WARN Act, a reduction in force not caused by a plant closing for 30 days for 500 employees or 1/3 of the workforce, if 50 or more
unemployment insurance insurance intended to partially replace lost earnings for those who have been in the workforce

CHAPTER 19
DOWNSIZING, UNEMPLOYMENT INSURANCE, AND OTHER POSTTERMINATION ISSUES

MULTIPLE CHOICE QUESTIONS

1. Which of the following is true of a trade secret?
a. it derives economic value from not being known to others
b. the owner must take steps to preserve its secrecy
c. it must be registered with the government
d. a and b
e. all of the above

2. In Roquet v. Arthur Anderson, the plaintiffs sued for an alleged violation of the WARN Act’s notification provisions. Arthur Anderson defended by saying that they should not be held to the 60 day requirement because of the particular business circumstances in this case. The court said that:
a. the 60 notice obligation is eliminated if the layoff is caused by business circumstances that were not probably foreseeable
b. the 60 notice obligation is eliminated if the layoff is caused by business circumstances that were not reasonably foreseeable
c. the moment the Department of Justice informed the defendant that they were considering an indictment, the defendant had the obligation to notify its employees of the inevitable layoffs
d. when a company’s felonious misconduct is the cause of its financial difficulties, this negates the exception to the WARN notification requirements, and the company cannot claim that they were trying to avoid layoffs or “fighting to stay afloat”

3. Non-competition agreements:
a. are almost always enforced by the courts
b. will be enforced unless former employees can show that the agreements are overly broad
c. will not be enforced unless the former employer can show that they are no more restrictive than necessary
d. are less commonly used now than in the past
e. none of the above

4. Which of the following is a type of restrictive covenant?
a. non-competition agreement
b. non-solicitation agreement
c. all of the above
d. none of the above

5. To be eligible for unemployment insurance:
a. the employee must be involuntarily unemployed
b. the employee must be willing to perform any work that is offered
c. the employee must be available to work within 90 days of becoming unemployed
d. all of the above
e. none of the above

6. Imagine that you are the judge hearing a Motion for Summary Judgment. The case before you concerns the former Vice-President of Marketing at May Department stores, who has recently been hired by Victoria’s Secret. May Department stores has sued to enforce the non-competition agreement in which the VP agreed not to work for firms competing directly against May Department store. Both parties agree that both stores sell women’s intimate apparel, but to different ages of women, and to different customer bases. They also agree that about 8% of May’s business is women’s intimate apparel, while 98% of Victoria’s business is women’s intimate apparel. What should you decide?
a. even though both companies sell women’s intimate apparel, there is no meaningful or material competition between them
b. when both companies sell the same category of products, in determining whether the companies are in competition, the sale of the products is important, not the percentages of overall sales of the product
c. when both companies sell the same category of products, the fact that they both sell these products to women is important in determining whether the companies are in competition, not the ages of the women, nor the typical customer base

7. Legal issues concerning downsizing include:
a. the decision to downsize
b. the manner in which downsizing is implemented
c. prior notification of downsizing
d. the decision about which individuals to downsize
e. all of these
f. none of these

8. Changes in benefit plans are under “serious consideration” when:
a. top managers meet to discuss implementation of a specific plan
b. the employer has firmly committed to offering the revised benefit plan
c. information has been gathered regarding alternative plan options
d. all of the above
e. none of the above

9. Which of the following employees is most likely eligible for unemployment insurance?
a. Joe is fired for continually refusing to wear a hard hat in a restricted area in violation of company policy
b. Kathy quits her job because of a pervasive and continuing hostile environment
c. Mike quits his job as an English professor because he’s insulted that a new hire in Management is getting a higher salary than he does
d. all of the above
e. none of the above

10. Under the WARN Act:
a. large employers are prohibited from closing plants or laying employees off for the purpose of defeating unionization
b. large employers must give their employees three months (90 days) advance notice of plant closings and mass layoffs
c. large employers must provide outplacement services to employees affected by plant closings and mass layoffs
d. all of the above
e. none of the above

11. An employer decides to downsize to cut costs. It plans to eliminate 100 jobs out of 250 total jobs. The employer notifies the employees’ union representative on May 15. The layoffs will be effective May 30. If the employer’s action is legally challenged, a court would most likely decide:
a. For the employer because it is not large enough to be covered under the WARN Act
b. For the employer because there is no plant closing or mass layoff that would trigger the WARN Act’s requirements
c. For the employees because they did not receive individual notification as required by the WARN Act
d. For the employees because they did not receive the amount of advance notice of a mass layoff required by the WARN Act
e. For the employees because they did not receive severance pay as required by the WARN Act

12. An employer who closes the business rather than deal with the union his employees have formed:
a. does not violate the National Labor Relations Act
b. violates the National Labor Relations Act if it can be proven that the motive was hostility toward unionization
c. must bargain in good faith with the union before deciding to go out of business
d. is required under the WARN Act to give the employees 60 days notice

13. A 55 year old supervisor who has always received good performance appraisals is downsized. Two younger (42 and 45 year old) supervisors from the same department, whose performance had been rated lower, were nonetheless retained. The employer says that it had to save money and that the older supervisor earned considerably more money (he did). If the termination is legally challenged, a court would most likely decide:
a. For the employer because employee could not establish a prima facie case of age discrimination under the ADEA
b. For the employer because the employees retained were also over 40 years of age
c. For the employer because it had a lawful, non-discriminatory motive for the termination
d. For the employee because the employer has engaged in disparate treatment based on age
e. For the employee because salary level is a neutral criterion that creates adverse impact against older employees

14. Which of the following laws has the most exacting requirements for a valid separation agreement?
a. The Age Discrimination in Employment Act
b. Title VII
c. The Older Workers Benefit Protection Act
d. The Americans with Disabilities Act

15. In Cotter v. Boeing, a 52 year old employee with 34 years on the job was downsized during a RIF. On a new performance scale prepared for the RIF, the one item at which she excelled was eliminated, and she scored badly, compared to a younger worker with less experience. The younger worker was retained. Earlier that same year, her supervisor had rated her as “doing a great job.” She sued under the ADEA, and the trial court entered Summary Judgment against her. On appeal, the court ruled:
a. for the employer, because the employee scored poorly on the performance scale
b. for the employer, because the employee had not conclusively proven that she was terminated because of her age
c. for the employee because she had proven age discrimination in her termination
d. for the employee, because she had raised material questions of fact, so that summary judgment was reversed, and the case remanded for trial

16. Regarding early retirement incentives, all of the following are true EXCEPT:
a. early retirement incentives are discriminatory if based on age
b. early retirement incentives may be offered to employees above a certain age, for example, age 55, but not, for example, also to those between 40 and 45
c. early retirement incentives are a legal way to reduce the workforce
d. early retirement incentive may be used to reduce the number of highly-paid employees

17. Regarding the bankruptcy filing of an employer, which of the following statements is NOT true?
a. employees are secured creditors
b. employees are unsecured creditors
c. employees as creditors stand high in priority in a Chapter 11 bankruptcy filing
d. none of these is true

18. With regard to unemployment insurance, which of the following statements is true?
a. only workers who have been fired are eligible for unemployment insurance
b. only workers who quit are eligible for unemployment insurance
c. only workers who are involuntarily terminated are eligible for unemployment insurance
d. employers should routinely context all claims for unemployment insurance

19. Because of the worsening economic situation, your firm needs to drastically cut back, and downsize up to 40% of its workers. The firm has a reputation and tradition of being a firm that rewards the good skills and loyalty of its workers, and many have been with your firm for more than 30 years. The firm has been in your family for more than 100 years, and you are the 3rd generation CEO. Frankly, what would help the most is to lay off all of those workers who are earning in excess of $80,000/year, retaining those who are earning between $40,000 and $50,000/year. That would reduce your overhead dramatically (and your health insurance costs). But almost all of the workers who earn in excess of $80,000 are age 50 or over, and unlikely to ever find comparable jobs elsewhere. Which of the following options would be consistent with your firm’s core values and its long-term survival?
a. downsize all workers making in excess of $80,000/year; since salary is the only consideration, the action is legal
b. offer significant early retirement packages in exchange for a waiver of claims to workers earning in excess of $80,000/year; it may cost you in the short term, but it is consistent with your family’s legacy and the firm’s core values, and ultimately will help the firm’s long-term survival
c. do a targeted review of the skill sets of all employees, including those earning less than $80,000/year, to determine where there is an overlap and you can afford to let people go without damaging the firm’s knowledge and skill base; downsize the people who are earning the most in each skill set, whatever their ages
d. either b or c might be consistent with your core values and long-term survival

20. Regarding restrictive covenants, which of the following statements is NOT correct?
a. restrictive covenants help protect an employer’s business assets
b. restrictive covenants are upheld only for top level managers and CEOs
c. restrictive covenants attempt to curtain many types of competitive conduct
d. all of these are true

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Before outsourcing or relocating work to another plant, unionized employers must negotiate with their employees’ unions

b. Employers should have clear, objective criteria for deciding which employees to downsize

c. Whenever possible, employers should offer employees selected for downsizing the opportunity to transfer to other facilities.

d. Employers should be careful when executing waivers of legal claims in exchange for early retirement offers.

2. On occasion, disgruntled former and current employees use various means to level criticism against, or create embarrassment, with regard to their former or current employer. Employers in turn will file law suits to stop the employee’s communications. What effect do these employer lawsuits have?

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Chapters 8 Through 19

CHAPTER 8 AFFIRMATIVE ACTION
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Affirmative action is:
a. a quota system for minorities to overcome past discrimination
b. illegal
c. legal only if court ordered
d. none of these

2. Executive Order 11246 requires:
a. compliance with all other Executive Orders
b. inclusion of an anti-discrimination clause in a contractor’s contract
c. that publicly-traded companies hire women and persons of color
d. none of these

3. If the parties to a discrimination suit agree to settle, they may enter into:
a. a long term supplier contract
b. a court battle
c. conciliation services
d. a consent decree

4. Regarding “reverse” discrimination, it is correct to say that:
a. It is a controversial subject.
b. Usually a white person believes he was passed over because of affirmative action.
c. It has been the subject of lawsuits.
d. All of these

5. According to the EEOC guidelines, a good Affirmative Action Plan requires all of these EXCEPT:
a. a reasonable basis for concluding that action is appropriate
b. a reasonable self-analysis
c. reasonable action
d. a reasonable review of applicant files

6. Match each term to its correct definition.

Affirmative action a management tool designed to ensure equal employment opportunity
Strict scrutiny the most stringent form of judicial review of government actions
Self-analysis analyzing one’s workforce and identifying problem areas
Compelling governmental interest an abiding interest which stands as a defense to a constitutional challenge
Underutilization this is demonstrated when the percentage of women and minorities in the employer’s workforce is less than the percentage of such persons with the necessary skills for the job

CHAPTER 8
AFFIRMATIVE ACTION
MULTIPLE CHOICE QUESTIONS

1. When individual job titles are listed for each department in order of pay level and demographic information is provided for each job, this is called a/an:
a. workforce analysis
b. organizational profile
c. job group analysis
d. organizational display

2. Affirmative action:
a. is primarily applied to hiring decisions
b. is limited to African-Americans and women
c. includes any formal or informal efforts to improve the employment opportunities of African-Americans and women
d. all of the above
e. none of the above

3. Written affirmative action plans, submitted to the OFCCP, are required of contractors or
subcontractors:
a. with 10 employees and $10,000 in federal contracts
b. with 25 employees and $25,000 in federal contracts
c. with 50 employees and $50,000 in federal contracts
d. with 100 employees and $100,000 in federal contracts
e. none of the above, all companies doing federal contract work must have written affirmative action plan that is submitted to the OFCCP

4. Which of the following is a law requiring certain employers to engage in affirmative action?
a. Title VII of the Civil Rights Act
b. The Rehabilitation Act
c. California’s Proposition 209
d. all of the above
e. none of the above

5. Which of the following is not considered to be a reasonable part of a valid affirmative
action plan?
a. all employment test scores are validated
b. a stated plan to hire a particular number of black, white, male, female…etc. employees in order to remedy an existing imbalance or injustice
c. wide communication of job availability
d. active enforcement of anti-discrimination policies
e. active enforcement of anti-harassment policies

6. Consent decrees:
a. sometimes require affirmative action as a part of the settlement in a discrimination case
b. are issued by judges after a jury verdict following a lawsuit
c. require employers to agree to hire specified numbers of women and/or persons of color
d. all of the above
e. none of the above

7. In Johnson v. Transportation Agency, Santa Clara County, a female employee was promoted to the position of road dispatcher, despite the fact that a male candidate had scored two points higher on an interview. The county had an affirmative action plan and the plan was taken into account in making the promotion decision. The Supreme Court ruled that:
a. the employer did not violate Title VII because it had an affirmative action plan requiring it to hire a woman for the position
b. the employer did not violate Title VII because it had an affirmative action plan that addressed the proven underutilization of women in a moderate, flexible way
c. the employer violated Title VII because, despite its affirmative action plan, it was not free to hire a less qualified candidate because of her sex
d. the employer violated Title VII because there was no evidence of underutilization of women in the county workforce, requiring affirmative action
e. none of the above

8. A school district had to decide which of two equally qualified, equally senior employees to lay off. Invoking its affirmative action plan, the district retained an African-American and laid off the white teacher. The court would rule that:
a. Title VII was violated because there was no evidence that African-Americans were underutilized as teachers and affirmative action cannot be used to make layoff decisions
b. Title VII was violated because diversity is not a compelling government interest necessitating consideration of race
c. Title VII was not violated because using race as a “tie-breaker” is a lawful form of affirmative action
d. Title VII was not violated because the school district demonstrated that the layoff was the only way to maintain a faculty that reflected the racial composition of the student body
e. Title VII was not violated because the layoff was only temporary and did not excessively burden the white teacher

9. To survive a constitutional challenge, a public employer’s affirmative action plan that uses racial preferences must:
a. explain why the racial inequities occurred
b. be permanently implemented
c. be narrowly tailored
d. be approved by Congress
e. all of the above

10. In order to prove that underutilization exists, it must be shown:
a. by the four-fifths rule, that women or persons of color are disproportionately absent from a position
b. that women or persons of color are underrepresented in the employer’s workforce relative to their availability in the relevant labor market
c. that intentional discrimination is the reason that women and persons of color are not adequately represented in the employer’s workforce
d. all of the above
e. none of the above

11. Vietnam era veterans are included as a protected group under affirmative action:
a. when employers enter into federal contracts or subcontracts worth $10,000 or more
b. when employers enter into federal contracts or subcontracts worth $25,000 or more
c. when employers enter into federal contracts or subcontracts worth $50,000 or more
d. automatically in any federal contract regardless of size

12. In Lomack v. City of Newark, the newly elected mayor decided to eliminate all single-race fire companies to improve morale. Dozens of firefighers were involuntarily transferred based on their race, and several sued, alleging a violation of Title VII. At the time, the city was operating under a consent decree requiring that it undertake certain measures to hire minority firefighters. What did the court decide, and what was its reasoning?
a. because of the consent decree, the city was compelled to diversify its fire companies, so the transfers complied with affirmative action, and did not violate Title VII
b. because its overall goal was to treat all firefighters equally, the transfers did not violate Title VII
c. even though the consent decree required certain affirmative steps to hire minority firefighters, it was permissible under Title VII
d. the decisions to transfer were based on race, in violation of Title VII, and the consent decree did not require or condone such transfers

13. In Reilly v. TXU Corp, an employee sought promotion to manager. Requirements for the job included a graduate business degree and 5 to 7 years of sourcing-related experience. The employee met the requirements, and received the highest score on a panel interview. Shortly after, the promoting manager received an inquiry from an African American woman. The HR Department determined that the woman was qualified, even though she did not have 5 years of sourcing experience. She received the promotion, and the employee sued. Which of the following statements is true?
a. the African-American woman was qualified, and met the requirements for the position
b. the hiring manager’s decision may have been influenced by the fact that she was in charge of the firm’s diversity program, but had no minority employees working for her
c. the employee and the African-American woman scored similarly on the interview
d. all of the above
e. none of the above
f. b and c only

14. Your company sells office supplies, and your CEO has finally succeeded in acquiring a contract to provide supplies to the federal government for the next year. This is a huge client for your company, worth in excess of $3 million dollars. Aside from increasing purchasing and production, what does your company need to do?
a. agree to hire a certain percentage of persons of color and women before the contract takes effect
b. prepare an affirmative action plan
c. not discriminate in your workplace
d. all of these
e. b and c

15. Court-imposed affirmative action is:
a. common
b. uncommon
c. non-existent; all affirmative action is voluntary
d. none of these

16. “Reverse” discrimination means:
a. establishing quotas for the hiring of women and persons of color
b. disparate treatment
c. disparate impact
d. none of these

17. Your firm’s contract to sell office supplies to the federal government requires that you hire only subcontractors who agree not to discriminate, and include a nondiscrimination clause in their contracts with you. You’ve done a thorough investigation of the firms out there who could fulfill your needs for particular office supplies, and there is one who is significantly less expensive than all of the others. However, that firm has a well-known reputation for discriminating against African-Americans. Your profit margin is already quite small for this project, and you worry about making any money at all. Which of the following is/are acceptable option(s), and why?
a. hire the firm that’s cheaper, even though they discriminate, because they’ll agree to put the clause in their contract, and that’s all you need; besides, you can’t afford to lose the government business
b. don’t hire the firm that’s cheaper, because it would disqualify your firm from the government contract if the government found out
c. talk to the firm that’s cheaper, and try to persuade them to actually comply with a non-discrimination standard; then monitor the situation to ensure that they do, because its in both your interests
d. negotiate with other, non-discriminating suppliers on their prices to see if you can match the price of the discriminating supplier
e. b, c and d

18. Your friend and former college roommate, David, has just been hired to manage a small, family-owned business because the owner has fallen ill, and none of his children are yet ready to assume leadership of the business. David has hiring and firing authority (except for the owner’s children), and wants to expand and diversify the sales staff, by hiring women and persons of color. There are 3 openings. What would be your best advice to him to accomplish his goals?
a. David should hire the only qualified women and/or persons of color, in order to achieve diversity
b. David should prepare an affirmative action plan, after doing a self-analysis which establishes an underutilization of women and persons of color in the relevant labor market, and then advertise the open positions
c. David should hire the first qualified candidates he finds, regardless of gender or race
d. none of these would be good advice

19. Affirmative action may be used on behalf of all of the following groups EXCEPT:
a. African-Americans
b. women
c. Pacific Islanders
d. disabled persons
e. none; affirmative action may be used for all of these groups

20. Regarding Affirmative Action plans, which of the following is true?
a. it may be used to remedy a “manifest imbalance”
b. the imbalance must meet the four-fifths rule
c. the imbalance must have resulted from past discrimination
d. all of these are true

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Federal contractors and sub-contractors with at least 50 employees and contracts worth at least $50,000 must develop written affirmative action plans addressing employment of women and minorities and submit them to the OFCCP within 120 days of their contracts commencing.

.

b. Employers wishing to consider protected class characteristics in order to enhance the utilization of women and persons of color must have valid affirmative action plans in place.

c. Employers should maximize the use of improvements in recruitment, selection, training, development, and organizational climate before considering hiring and promotion preferences.

d. Affirmative action must never be used as a basis for making discipline and termination decisions.

e. All affirmative action plans should include the results of a reasonable self-study, an analysis of underutilization establishing the basis for affirmative action, and reasonable actions to improve the utilization of women and persons of color.

2. There is a perception among some that affirmative action results in quotas and reverse discrimination. Discuss the justification for affirmative action and whether affirmative action indeed results in quotas and reverse discrimination.

CHAPTER 9 HARASSMENT
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Regarding harassment, which of the following statements is true?
a. Sexual harassment is the only kind of harassment.
b. Sexual harassment is the most common type of harassment.
c. The liability of the employer is the same no matter the type of harassment.
d. b and c

2. The necessary elements to establish a claim of harassment include all of the following EXCEPT:
a. The harassment was based on a protected class characteristic.
b. The harassment resulted in tangible employment action or created a hostile environment.
c. The harassment was welcome.
d. All of these are necessary elements of the claim.

3. Hostile environment claims can result from:
a. verbal conduct
b. physical conduct
c. displays of images
d. all of these

4. Employer liability for harassment may be avoided if:
a. The harassment resulted in a tangible employment action.
b. The employer took reasonable care to prevent and correct harassment.
c. The employee did not take advantage of corrective opportunities.
d. b and c

5. An employer’s remedies for a claim of harassment may include all of these EXCEPT:
a. immediate temporary action on receipt of a complaint of harassment
b. long-term remedial measures depending on the outcome of the investigation
c. a fair investigation, not one with a pre-determined outcome
d. a transfer of the harassed employee

6. Match each term to its correct definition.

severe or pervasive a hostile environment created by a serious one-time event or a frequent, continuing series of events at work
unwelcome not solicited or provoked
hostile environment this interferes with a person’s work performance
vicarious liability pursuant to this principle, the employer is liable for the acts of a harassing employee
investigation an examination of the circumstances surrounding events described in an harassment complaint

CHAPTER 9
HARASSMENT

MULTIPLE CHOICE QUESTIONS

1. Which of the following is true of harassment?
a. almost all harassment cases involve sexual harassment
b. harassment is legally actionable because it is a form of discrimination
c. harassment claims are rarely brought by men
d. a and b
e. all of the above

2. Which of the following is a necessary element of a sexual harassment claim?
a. the harasser intended to inflict emotional distress and embarrassment on the victim
b. the sex of the harasser differed from the sex of the victim
c. the harassment was unwelcome
d. the harasser made a sexual advance or requested a sexual favor
e. all of the above

3. In the case of “equal opportunity harassers” who harass both men and women, the courts tend to rule:
a. for the harasser, because the harassment is not because of sex
b. for the harasser, because harassment is not proven in that circumstance
c. for the victim of the harassment, because the harassment is because of sex
d. for the victim of the harassment, because harassment is proven generally

4. In the case in which a woman ended an affair with her male supervisor, and began to receive poor performance appraisals from him, the court ruled on her Title VII harassment claim:
a. for the woman, based on sexual harassment
b. for the woman, because of the affair
c. for the employer and supervisor because the poor performance appraisals were not the result of harassment, but of the relationship having gone sour
d. for the employer and supervisor because the poor performance appraisals were the result of the woman’s poor work performance

5. Regarding the “severe” or “pervasive” standard for assessing harassment cases, which of the following statements is NOT true?
a. to prove harassment, the plaintiff must show that the conduct complained of was both severe and pervasive, unless it occurred outside work
b. to prove harassment, the plaintiff must show that the conduct complained of was severe or pervasive
c. the degree of severity required is in inverse proportion to its pervasiveness
d. none of these

6. Which of the following is true regarding the role of conduct outside of the workplace in harassment cases?
a. employers cannot be held liable based on harassing conduct that occurs outside of the workplace
b. the sexual activities of persons who allege harassment will be examined in order to determine whether the treatment received was unwelcome
c. the marital statuses of the plaintiff and the alleged harasser will be taken into account in determining whether harassment occurred
d. all of the above
e. none of the above

7. Employers are vicariously liable for harassment when:
a. a hostile environment is created by a top official
b. harassment by a supervisor results in a tangible employment action
c. a supervisor creates a hostile environment and the employer does not have a sexual harassment policy or reporting procedure
d. all of the above
e. none of the above

8. Which of the following is part of the “affirmative defense” available to employers in certain hostile environment cases
a. the employer exercised reasonable care to prevent and correct promptly any harassment
b. the employer knew or should have known about the harassment
c. the employee failed to take advantage of preventive or corrective measures provided by the employer
d. a and c
e. b and c

9. The primary difference between harassment that results in tangible employment action and harassment that creates a hostile working environment is:
a. the level of proof required in the prima facie case for harassment that results in tangible employment action
b. the availability of a rebuttal to the plaintiff if the employer proves a reason for the hostile environment
c. the criteria for proving harassment that results in a tangible employment action is less stringent
d. the criteria for finding employers liable differs depending on the outcome of the harassment
e. none of the above

10. Which of the following should be included in an employer’s policy prohibiting harassment?
a. assurance that employees reporting harassment will be protected from retaliation
b. assurance of strict confidentiality in handling harassment complaints
c. a clear and accessible procedure for reporting harassment
d. a and c
e. all of the above

11. Regarding harassment, which of the following statements is NOT true?
a. harassment is a serious problem in the workplace
b. the definition of harassment under Title VII includes mistreatment and abuse of employees generally
c. the definition of harassment under Title VII does not include workplace bullying
d. all of these are true

12. If an employee is subject to severe harassment, and quits his position to escape it, the court will likely rule:
a. that because he quit, no tangible employment action can be proven
b. that the quit is a constructive discharge, which constitutes a tangible employment action if it results from a demotion or pay cut
c. that a hostile environment is presumed, but that the employee waived the right to sue when he left
d. none of these

13. In a case in which the employee claimed harassment by her supervisor in which he altered her work her work hours with the knowledge that doing so would adversely affect her hypoglycemia; frequently stood at her desk and stared angrily at her; startled her by pounding on her desk with his fist; criticized her work unfairly; and yelled at her in front of co-workers, the court ruled that:
a. no sexual harassment was proven, because no demand for sexual favors was made
b. no sexual harassment was proven, because no hostile environment was created
c. a hostile environment was created by the supervisor’s conduct
d. no harassment could be proven without verbal or physical conduct of a sexual nature

14. The plaintiff in a harassment case must prove:
a. the harassment was because of sex
b. the harassment was directed toward a protected class
c. the harassment was unwelcome
d. all of these
e. only b and c

15. When a female supervisor demands sexual favors from a male employee so that he can keep his job or get a raise, it is called this:
a. same sex harassment
b. quid pro quo harassment
c. severe or pervasive harassment
d. cruel and unusual harassment

16. As the Assistant Human Resources Manager, you have learned from another employee that a co-worker is being harassed by her supervisor. Assuming your firm has no anti-harassment policy, what should you do?
a. nothing unless the victim herself files a claim, because there is no anti-harassment policy, so you have no authority in the matter
b. investigate the claim and report the harassment to your superiors
c. create and enforce an anti-harassment policy for your firm
d. offer to transfer the employee to another job
e. b and c
f. b, c and d

17. Your co-worker, a new employee, is painfully shy. She works, as you do, as a clerical assistant to an architect in the firm you both work for. Her architect, a boorish male with a foul mouth and grabby hands, has had trouble keeping an assistant, and you know why. But even though this fellow has continued in his usual behavior, applying it now to her, she seems to be unable to decide what to do, and seeks your advice. Knowing how these cases are decided, what would be the best advice you could give her?
a. she should say nothing; just keep working, and do a good job
b. she should act friendly, but refuse his advances
c. she should tell him she’s not interested, and just wants to work
d. the next time he tries something, she should just punch him in the eye

18. You are a salesperson for a pharmaceutical company, a job it was difficult to get. After you’d been there a while, there was another opening, and you recommended your friend, Paul. He was hired, and the two of you have enjoyed working together ever since. Recently, the secretary for the sales team has confided in you that Paul has been acting inappropriately, and most recently, cornered her in the supply room, and pushed her up against the wall with his body, and caressed her with his hands. She does not know that you recommended Paul to the firm. Of the following choices, what should you do?
a. tell her not to worry, that it will pass, because Paul is not normally like this
b. tell her not to worry, that you’ll talk to Paul, and tell him to stop it
c. tell her to report Paul to Human Resources, and you’ll tell them you saw it
d. talk to Paul, and tell him that if he doesn’t stop it immediately, and apologize, you will report him to Human Resources

19. Imagine that you are the judge hearing a case for sexual harassment filed by a woman who reports that she was forced to have sex in the workplace with her supervisor. She admits that for some months prior to the event, she displayed her body through seminude photos, lifted her skirt to verify an absence of undergarments, made highly salacious comments, and offered sexual gratification “to employees, customers, and competitors alike.” Knowing what you know about harassment, what should you decide?
a. for the woman, because the forced sex proves harassment
b. for the woman, because her flirting did not justify the forced sex
c. for the employer, because the harassment was not unwelcome
d. for the employer, because she had a reputation for being “easy”

20. A male customer of a sports bar has taken a particular liking to one of the waitresses, and always asks to be seated at her station, so that she will wait on him. He has spoken to the manager of the bar, and generously tipped him to insure that he will get her station. But the waitress does not want to wait on the customer, because he grabs and pinches her rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She asks the bar manager not to let him sit at her station any more, but the manager tells her it’s good money (he does tip her well), and she should be nice to him. If she files suit for harassment, what will the court most likely rule?
a. for the employer, because the customer does not have the power to affect her employment status, so that his conduct cannot result in a tangible employment action against her
b. for the employer, because the customer has not committed harassment
c. for the employee, because the customer has committed harassment
d. for the employee, because the customer has committed harassment, the employer knew about it, and did nothing

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers are strongly advised to establish, communicate, and enforce policies prohibiting harassment.

b. Complaint procedures should provide employees with multiple, accessible parties to whom reports of harassment can be made.

c. Employers must respond to complaints of harassment promptly and in a manner reasonably calculated to end the harassment.

d. Terminations or other discipline imposed against harassers must be conducted in the same careful manner as any other terminations or disciplinary actions.

e. Care should be exercised in using transfers or reassignments to deal with harassment.

2. How does employer liability for harassment by a co-worker or third party compare or differ with the company’s liability for harassment by supervisors, managers or other top officials?

CHAPTER 10
REASONABLY ACCOMMODATING DISABILITY & RELIGION
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. An employer’s obligation to “reasonably accommodate” is unique to which protected classes?
a. gender and age
b. national origin and color
c. disability and religion
d. disability and race

2. The disability law which applies to private employers and state and local governments is:
a. The Rehabilitation Act of 1973
b. The Americans with Disabilities Act of 1990
c. The Private Employer Disability Act of 1988
d. none of these

3. Regarding disability claims, which of the following statements is NOT true?
a. The ADA applies to someone who is not disabled, but is perceived as disabled.
b. The ADA applies to someone who is not disabled, but has a record of a disability.
c. The ADA applies to someone who is currently disabled.
d. The ADA does not apply to someone who is not disabled, but is perceived as disabled.

4. Under the Title VII definition of religious beliefs, all of these are true EXCEPT:
a. a belief in God or other deity is required
b. a belief in atheism and agnosticism is protected
c. the religion need not be popular or organized
d. b and c

5. If an employee states a prima facie case of failure to reasonably accommodate religion, then the employer must prove:
a. that a reasonable accommodation was offered, but refused
b. that the accommodation would impose an undue hardship on the business
c. that the employee does not really believe in the religion
d. a or b

6. Match each term to its correct definition.

Americans with Disabilities Act the disability law that applies to private employers
The Rehabilitation Act the disability law that applies to federal public employers
major life activities for example, seeing, speaking, breathing, lifting
essential functions the core duties which few others can perform
religious organization exemption this permits a church to hire only members of its faith

CHAPTER 10
REASONABLY ACCOMMODATING DISABILITY AND RELIGION

MULTIPLE CHOICE QUESTIONS

1. The American’s with Disabilities Act (ADA):
a. applies to private sector employers with 15 or more employees
b. amends and supercedes the Rehabilitation Act
c. protects all disabled persons against discrimination in employment by covered employers
d. all of the above
e. none of the above

2. Which of the following is necessary to establish the existence of a disability under the ADA?
a. having a physical basis for one’s impairment
b. being diagnosed with an impairment that is included on the ADA’s list of recognized disabilities
c. receiving regular medical treatment for one’s condition
d. all of the above
e. none of the above

3. In Ekstrand v School District of Somerset, a teacher who taught kindergarten successfully for 5 years was assigned to a classroom without windows. She advised the principal that she suffered from seasonal affective disorder, a form of depression, and that she needed the natural light from a window to counteract the disorder. She submitted a letter from her psychologist advising of the condition and the need for natural light, but the school refused. There was an empty classroom with a window, and another teacher had offered to switch classrooms since she had one with a window, but the school would not allow it. The District Court granted summary judgment to the school district, and the teacher appealed. The Appellate Court ruled:
a. for the school district, since the teacher had not documented her need for an accommodation.
b. for the school district, since the school district had no accommodation to offer which did not involve an undue hardship
c. for the teacher, because she had documented her need for an accommodation, and the school district could have made a reasonable accommodation
d. for the teacher, because she suffered severe consequences as a result of the school district’s failure to accommodate her disability

4. In Cloutier v. Costco, Cloutier was fired for violation of a no facial jewelry (other than earrings) provision of the dress code. Costco was successful because:
a. Costco had no duty to accommodate because it could not do so without undue hardship
b. Costco made an offer to accommodate after Cloutier’s adverse employment action and was therefore shielded from liability under Title VII
c. the Church of Body Modification was not a recognized church so Cloutier’s beliefs did not fall under religious discrimination requiring accommodation
d. Cloutier’s beliefs did not include worship or recognition of a supreme being or deity so they could not be considered religious thereby requiring accommodation
e. none of the above

5. An employee can be considered disabled under the ADA if:
a. she has an existing disability
b. she is erroneously regarded as being disabled
c. she is not currently disabled, but has a record of a prior disability
d. a and b
e. all of the above

6. In order to be a “qualified individual with a disability,” a disabled person must:
a. meet the same, job-related education, skill, and background requirements as other job candidates or employees
b. not pose a direct threat others but may pose a threat to his or her own health
c. be able to satisfactorily perform all of the functions of a job
d. all of the above
e. none the above

7. Under the ADA, it is important that job descriptions:
a. clearly identify the essential functions of jobs
b. clearly specify how job tasks are to be carried out
c. list reasonable accommodations that are available to an employee in this job
d. all of the above
e. none of the above

8. Which of the following would usually be considered a reasonable accommodation of disability?
a. providing a part-time or modified work schedule
b. relaxing a production
c. relaxing a performance standard
d. transferring essential job functions to others

9. In responding to requests for reasonable accommodation, employers should NOT:
a. engage in an interactive process with disabled employees
b. limit medical inquiries to information needed to assess functional limitations
c. discuss the disabled employee’s need for accommodation with other employees
d. all of the above
e. none of the above

10. In order to be substantially limiting, a condition must:
a. render an employee unable to perform her previous job
b. be chronic or expected to have a long-term impact on functioning
c. without the aid of any corrective devices used by the employee, make it impossible to perform one or more major life activities
d. all of the above
e. none of the above

11. In order to conclude that a proposed accommodation of disability would impose undue hardship on an employer, it must be shown that:
a. the proposed accommodation would not be a reasonable one
b. the cost of the accommodation exceeds the benefits it would produce
c. the cost exceeds the general $2000 threshold specified in the ADA
d. a and c
e. none of the above

12. Under Title VII, the concept of “religion” is limited to:
a. membership in or affiliation with an established church or denomination
b. beliefs or practices that a church or denomination requires of its members
c. beliefs or practices centering on the worship of a God or other deity
d. all of the above
e. none of the above

13. As the new Human Resources Manager for Bell’s Dollar Store, you are still getting to know your employees. One in particular has come to your attention, because he always seems to be out in the aisles of the store, rather than at the cashier’s desk or in the stockroom. During a routine cleaning of lockers, you discover that several small items from store inventory were in his locker. The items were of little value. After considering the matter, you correctly conclude:
a. the employee has been guilty of theft, and should be fired immediately
b. the employee probably has a disorder known as kleptomania, which compels him to take and hoard small objects; since this is a disability under the Americans with Disabilities Act, you must decide whether you can make a reasonable accommodation
c. the employee probably has a disorder known as kleptomania, which compels him to take and hoard small objects; you decide to speak to him privately, tell him he is fired, and urge him to seek help for his condition
d. none of the above

14. Which of the following laws applies to federal employees?
a. The Disability Act
b. The Protection of Major Life Activities Act
c. The Americans with Disabilities Act
d. The Rehabilitation Act

15. Which of the following is an element of a prima facie case of failure to reasonably accommodate religion?
a. that a specific reasonable accommodation was requested by the plaintiff
b. that a conflict exists between a sincere religious belief or practice and an employment requirement
c. that the requested accommodation would not impose undue hardship
d. all of the above
e. none of the above

16. Title VII’s religious organization exemption:
a. requires religious organizations to establish BFOQs based on religion
b. exempts religious organizations from all of Title VII’s requirements
c. allows religious organizations to favor persons of the same faith for positions that have clear spiritual functions, but not for secular activities
d. allows religious organizations to favor persons of the same faith for secular activities, but not for positions that have clear spiritual functions
e. none of the above

17. You’ve been attending the same Presbyterian Church for the last 11 years, and the Pastor has asked you to serve as Church Secretary and manage the office. One of your tasks will be to put together the bulletin for services each Sunday, but you’d also like to create a website for the church. When you tell the Pastor, he thinks it’s a wonderful idea, and sets aside some money to pay for the creation of the church’s website. After a diligent search for qualified candidates, you’ve come up with two. The only trouble is that the best candidate is not Presbyterian, but Anglican. Can you hire her?
a. no; because this is a Presbyterian Church, you must hire a Presbyterian
b. yes; Title VII contains an exemption for religious bodies who hire for secular positions
c. yes; Title VII is not relevant. Although most churches prefer to hire members of their own flock even for secular positions, there is no requirement to do so.
d. none of these

18. Regarding the HIV status of employees in most jobs, which of the following is NOT correct:
a. an employee who is HIV positive is a direct threat to himself
b. an employee who is HIV positive is a direct threat to others
c. an employee who is HIV positive is owed a reasonable accommodation
d. a and b are not correct
e. none of these is correct

19. Regarding an employer’s obligation to accommodate disability and religion, it can be said that:
a. the obligation to accommodate in these areas is consistent with the employer’s obligation to accommodate in other areas of the employment relationship
b. the obligation to accommodate in the areas of disability and religion is unique to those areas of the employment relationship
c. the obligation to accommodate is voluntary, except for federal employers
d. b and c only

20. As the Assistant Human Resources Manager, you have access to the employment files of all of the employees, including management. You have inadvertently learned that the Vice President of Sales has tested positive for the HIV virus. You know that he is married, but doubt that he’s told his wife. What should you do?
a. call his wife, and tell her that you regret you must give her some bad news; then, simply tell her
b. call his wife, but ask to come and see her in person; this is not the sort of news that one should deliver by telephone
c. talk to the Human Resources Manager, and ask her advice
d. nothing

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must reasonably accommodate qualified disabled persons unless doing so would impose undue hardship.

b. It is critical that employers engage in an interactive process with their disabled employees.

c. Accommodations cannot be dismissed as too costly without considering the availability of external funding and offering disabled employees the opportunity to pay for the portion of the cost that would create undue hardship.

d. Workplace policies should be made as flexible and religiously neutral as possible.

e. Employers should attempt to accommodate religious advocacy by providing forums for such communication that allow other employees to choose whether they wish to listen.

2. The ADA creates a protected class called “qualified individuals with disabilities”. Discuss what this phrase means and how one qualifies for protection.

CHAPTER 11
WORK-LIFE CONFLICTS & OTHER DIVERSITY ISSUES
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The Family and Medical Leave Act applies to which of the following employers?
a. a government agency
b. a private company with at least 50 employees
c. a private company with at least 25 employees
d. a and b only

2. Which of the following would constitute a “qualifying event” under the Family and Medical Leave Act?
a. birth of a son or daughter
b. a serious health condition of the employee’s spouse
c. placement of a son or daughter of the employee by adoption
d. a and b only
e. a, b & c

3. Which of the following is NOT required of employers under the FMLA?
a. up to 12 workweeks of leave over a 12-month period
b. up to 12 workweeks of paid leave over a 12-month period
c. maintenance of health insurance under the same conditions as employment
d. a return to the employee’s job or an equivalent position with the same pay

4. A person’s accent may legally be taken into consideration in hiring for a particular position when:
a. the employer does not want someone who is “foreign-sounding”
b. a significant part of the job requires communication, and the applicant’s heavy accent would interfere with the ability to communicate
c. the employer’s entire workforce is composed of people who speak English as a first language
d. any of these

5. Gays are protected from discrimination in employment by:
a. Title VII
b. some state laws
c. city or other local laws
d. all of these
e. b and c only

6. Match each term to its correct definition.

Family & Medical Leave Act the principal federal law affecting leave for parental and medical reasons
Serious health conditions either inpatient care or continuing treatment by a medical provider
Qualifying event circumstances under which eligible employees are entitled to take leave
Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth and related medical conditions
English only rules may be evidence of harassment or disparate treatment

CHAPTER 11
WORK-LIFE CONFLICTS AND OTHER DIVERSITY ISSUES

MULTIPLE CHOICE QUESTIONS

1. To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked:
a. at least 1250 hours during the previous 12 months
b. at least 625 hours during the previous 6 months
c. at least 2080 hours during the previous 12 months
d. at least 1040 hours during the previous 6 months

2. Which of the following is a “qualifying event” under the FMLA?
a. birth of a child
b. death of a parent
c. serious health condition of an employee’s grandparent
d. all of the above
e. none of the above

3. “Serious health conditions” include:
a. pregnancy, when it results in a period of incapacity
b. all conditions that require hospitalization
c. all conditions that require treatment by a health care provider
d. all of the above
e. a and b

4. Under the FMLA, employers have the right to:
a. require that employees provide documentation of any serious health condition prior to being granted leave
b. cancel the leave of “key employees”
c. delay the start of leave for employees who fail to provide 30 days notice when the need for leave is foreseeable
d. all of the above
e. none of the above

5. Under the FMLA, employees are entitled to:
a. have all benefits maintained under the same conditions as if the employee had not taken leave
b. have only health benefits maintained under the same conditions as if the employee had not taken leave
c. be restored to the exact same position they left if they are deemed a “key employee”
d. a minimum of ½ salary during their leave

6. In Bachelder v. America West Airlines, an employee who had taken periods of FMLA leave in the previous two years was terminated for poor attendance. The court ruled that:
a. the employer did not violate the FMLA because the employee had already exhausted her eligibility for leave under the “rolling 12 month period” used by the employer
b. the employer did not violate the FMLA because she was terminated for her absences and not for having requested or taken FMLA leave
c. the employer violated the FMLA because all employees become eligible for up to 12 weeks of leave at the start of each new calendar year
d. the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

7. Under the FMLA:
a. employers may require that any paid leave available to an employee be used and counted toward an employee’s FMLA leave
b. employers may require that the employee stay on leave longer than they need if it satisfies an administrative purpose or convenience for the employer
c. employers may contact the employee at home by phone or e-mail with company question but cannot require the employee to physically come to the premises
d. during a valid leave, the employee is protected or shielded from layoffs or termination that would have occurred anyway
e. none of the above

8. Under the Pregnancy Discrimination Act (PDA):
a. employers are required to provide leave for childbirth and medical problems related to pregnancy
b. employers are required to restore employees returning from pregnancy leave to their former jobs or equivalent positions
c. employers are prohibited from establishing uniform requirements for when pregnancy leave must begin or end
d. all of the above
e. none of the above

9. The Uniformed Services Employment and Reemployment Rights Act (USERRA)
requires that:
a. all persons returning from military service must be reemployed
b. employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions
c. employers continue to provide at least partial pay to employees serving in the military for up to 24 months
d. all of the above
e. none of the above

10. In Scobey v Nucor Steel-Arkansas., employee Scobey had 4 unexcused absences from April 10-13, 2005. On April 9, he called to ask his supervisor to call him, but did not say why. They finally spoke on April 11, but Scobey was intoxicated, and said he was having a nervous breakdown. They spoke again during this period, and Scobey was again intoxicated, saying he was through with his job. He returned to work, was demoted, and eventually stopped coming to work. He was terminated, and sued, alleging he should have been granted FMLA leave, but the trial court granted summary judgment for his employer. The Appellate Court ruled:
a. for the employer, because Scobey did not have a “serious health condition” as required for leave under the FMLA
b. for the employer, because Scobey had not given adequate notice of his need for leave, as required under the FMLA
c. for Scobey, because a reasonable jury could conclude that his drunkenness gave the employer constructive notice of his need for leave under the FMLA
d. for Scobey, because he was entitled to leave under the FMLA for his nervous breakdown

11. Legal protection against discrimination based on sexual orientation is found in:
a. Title VII of the Civil Rights Act
b. statutes in about a dozen states
c. the U.S. Constitution, under which public employers must show that a “compelling governmental interest” is served by the discrimination
d. Executive Order 11246
e. all of the above

12. “Hopalong” Jones was a cowboy working on a cattle ranch out west. He has worked at
the ranch for three years and done an excellent job. He is also a two time bull riding
champion at the state rodeo competition. He is fired when he admits to being gay.
a. Hopalong is protected under the protected sex classification under Title VII
b. since being a cowboy is such a macho job, being heterosexual is considered a
BFOQ
c. sexual orientation is a protected class in some states but not in others
d. Hopalong has no federal or state protection regarding his sexual orientation

13. The EEOC’s guidelines hold that broad English-only rules applied at all times are:
a. presumptively discriminatory
b. presumptively non-discriminatory
c. valid, if an employer can show a business necessity for a broad-cased, all-time ban on other languages
d. invalid, because the employer can never show a business necessity for a broad-based, all-time ban on other languages

14. The accent of an employee or job applicant can lawfully be taken into consideration when:
a. the firm is using its affirmative action program to diversify its workforce
b. when few English-speaking applicants or employees are available
c. when communications are a significant part of the job in question, and the person’s accent substantially interferes with the ability to communicate
d. when communications are a significant part of the job in question, and the person’s accent interferes in some degree with the ability to communicate

15. The federal Jury System Improvements Act:
a. protects persons who serve on federal juries from discharge, intimidation or coercion by their employers because of their jury service
b. applies a Title VII approach to selection of jurors
c. reduces the number of jurors on a standard jury from 12 to 6
d. requires that employers pay their employees at their regular rate of pay for the time spent serving on a federal jury

16. Under the FMLA:
a. pregnancy is a “serious health condition” triggering the right to FMLA leave
b. pregnancy is not a “serious health condition” triggering the right to FMLA leave unless there are complications
c. only a pregnant employee may receive leave under the FMLA
d. none of these

17. The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that:
a. an employer must maintain the health insurance for an employee reporting to military service for short stints of service (less than 31 days)
b. an employer must maintain the health insurance for an employee who serves in the military for up to 24 months, if the employee pays the full cost of group coverage
c. employers are not required to maintain health insurance coverage for their employees in military service beyond a period of 30 days
d. all of these
e. a and b

18. In Reynolds v. Inter-Industry Conference on Auto Collision Repair, Reynolds began work for his employer on August 25, 2005. On August 8, 2006, his child was born prematurely. He requested time off, which was granted. He requested further leave for November, 2005, when the child would be released from the hospital, and was terminated, the employer saying he was not entitled to FMLA leave because he had not been an employee for 12 months. The court ruled:
a. for Reynolds, since the birth of a child is a qualifying event under the FMLA
b. for Reynolds, since he notified his employer at least 30 days in advance of the need for leave, by which time, he would be an eligible employee
c. for the employer, because the employee failed to provide sufficient notice that he was requesting leave for a potentially FMLA-qualifying reason
d. for the employer, because the employee was not an eligible employee, entitled to FMLA leave

19. You need to hire a new medical technician for the emergency room of your hospital. The technician must have a thorough knowledge of medical terms and procedures, and will be interviewing patients to determine the nature and extent of their problems before they are routed to a doctor or to the waiting room. Most of the qualified candidates will be those who comes from Asian countries, who have studied medicine in their home countries, but whose MD degrees are not recognized by the U.S. Can you require that only English-speaking candidates need apply?
a. yes, because most of the patients will be English speaking
b. yes, because communication will be an integral part of the job, and most often communication will be required in an emergency situation
c. no, because under Title VII, English-only speaking requirements are presumptively discriminatory
d. no, because most of the qualified candidates will be from countries for which the first language spoken is not English

20. A very troublesome employee has just told you that he wants to apply for FMLA leave because his wife is seriously ill. He has taken leave before because of her illness, and depending upon how you calculate it, may have already taken the maximum amount for the year. You know that if you use a “rolling 12 month period,” he will not qualify, and if he is denied leave, he may actually quit, which would make many people happy. However, your firm’s leave policy does not specify how leave taken will be calculated, which means that if he sued and the case went to litigation, the court would apply a “calendar year” calculation for the leave requested, since you’ve just begun a new calendar year, and under that calculation, he would be entitled to leave. Of the following choices, what should you do?
a. deny the leave, and take your chances; tell him that he’s already had the maximum leave under the “rolling 12 month” calculation. He’s been far too troublesome for the firm, and his leaving would be a good outcome
b. deny the leave, but tell him that it’s because has not been a productive employee, and when he improves, you’ll consider more leave
c. grant the leave, and take your chances; maybe he’ll straighten out when he comes back
d. grant the leave, and ask how he’s doing; tell him that when he comes back, you’d like to sit down with him and see if you can help him resolve the trouble he’s been having at work

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must not attempt to discourage eligible employees from taking FMLA leave or attempt to delay the taking of leave.

b. “No fault” attendance policies must be either discontinued or exceptions must be made for employees on FMLA leave.

c. Employees should be notified promptly and in writing whether their leave qualifies as FMLA leave.

d. Employer’s should consider an employee’s or applicant’s accent only to the extent that communication is a significant part of the job in question and the individual’s accent impedes communication.

e. Employers should generally refrain from adopting English-only rules. If they are used, employees should be clearly informed that they are in effect, the rules should be no broader than necessary to accomplish necessary business purposes, and enforcement should not be rigid.

2. A major University has advertised for a non-research lecturer position in its Economics Department. When they evaluate the applicants, one resume clearly stands out as excellently qualified. When the applicant came in for an interview, she is asked to
complete a questionnaire with a number of open ended questions prior to the actual
interview. The questionnaire was extremely well answered and evidenced perfect
grammar, perfect penmanship and perfect spelling. The answers were lucid and well
thought out. Unfortunately, during the interview most in the department had trouble
understanding the candidate due to her extremely heavy Nigerian accent. If the
university hires someone else, has the university violated any discrimination laws?

CHAPTER 12
WAGES, HOURS & PAY EQUITY
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The Fair Labor Standards Act does which of the following?
a. establishes a minimum wage
b. establishes the rate of overtime pay
c. places certain restrictions on work by minors
d. all of these

2. Regarding overtime pay, which of the following statements is NOT true?
a. overtime pay is due for hours worked per week in excess of 40
b. overtime pay is due for hours worked per day in excess of 8
c. the rate of overtime pay is 1 ½ times the regular hourly rate of pay
d. all of these are true

3. “Tipped” employees are those who:
a. share tips at work
b. earn at least $30/month in tips
c. work in the restaurant industry
d. none of these

4. Which of the following categories of employees is generally exempt from overtime pay?
a. executives
b. administrative employees
c. professional employees
d. all of these are exempt

5. The Equal Pay Act generally requires employers to:
a. pay the same wage to men and women doing substantially the same work at different companies
b. pay the same wage to men and women doing substantially the same work at the same company
c. establish equivalencies for various jobs traditionally held by men and women
d. all of these

6. Match each term to its correct definition.

Fair Labor Standards Act a federal law that establishes overtime pay requirements, and limitations on the work of minors
Minimum wage the lowest wage employers are permitted to pay employees for each hour of work
Duties test a test to determine whether an employee is really exempt from overtime pay

Migrant & Seasonal Agricultural
Worker Protection Act a federal law covering most seasonal agricultural workers providing some basic safeguards related to pay, housing and transportation
Overtime pay 1 ½ times the regular rate of pay

CHAPTER 12
WAGES, HOURS, AND PAY EQUITY
MULTIPLE CHOICE QUESTIONS

1. Which of the following is true regarding overtime pay under the Fair Labor Standards Act?
a. employees who work more than 8 hours in a work day must be compensated with overtime pay
b. employees are entitled to twice their regular rate of pay for overtime hours
c. private sector employers can pay for overtime required under the FLSA with compensatory time off in the future, whereas government agencies may not do so
d. all of the above
e. none of the above

2. “Tipped employees” can be paid less than the minimum wage provided:
a. they agree to a reduced minimum wage salary, however, if they don’t agree they must be paid the full minimum wage and any tips are forfeited to the employer or the other employees
b. they retain on an individual basis all tips that are earned; pooling of tips is not permitted
c. their total pay in wages and tips equals at least the minimum wage
d. the employee customarily and regularly receives at least $30 per week in tips

3. The maximum number of hours that an employee can work in a workweek under the Fair Labor Standards Act is:
a. not limited for employees 16 years of age and over
b. limited to forty hours per week for employees under 16 years of age while school is in session
c. not limited for employees 16 years and over, but it must equal no more than 40 hours a week when averaged across any two work weeks
d. limited to 50 hours per week for employees who are non-exempt, but there is no limit for exempt managers and professionals.
e. none of the above

4. Under the Fair Labor Standards Act, a “workweek”:
a. is any fixed and reoccurring period of 5 consecutive days
b. is any fixed and reoccurring period of 7 consecutive days
c. is the same as a calendar week
d. includes all the days during a calendar week on which any work is performed

5. A non-exempt employee’s usual pay is $800/wk, based on a 40/hr week. This week he works 50/hrs. His regular hourly rate of pay is ______. His total pay for this week should be _______.
a. $800/wk; $800
b. $16/hr; $1100
c. $20/hr; $1000
d. $20/hr; $1100
e. $16/hr; $1040

6. Which of the following is true regarding compensatory (“comp”) time?
a. employers can require employees to use up their accrued comp time, regardless of whether employees wish to do so
b. the maximum amount of comp time that can be banked is capped at 240 hours for most employees
c. acceptance of comp time can be made a condition for receiving overtime work
d. b and c
e. all of the above

7. In Chao v Gotham Registry, a temporary employment agency for nurses placed them at various hospitals. Despite a rule forbidding overtime, nurses frequently worked overtime at the hospitals’ request, as Gotham knew, but refused to pay overtime. When the nurses sued for overtime pay, the court determined that:
a. because they knew of the rule forbidding overtime, the nurses had volunteered their time, and were not entitled to overtime pay
b. because the hospitals had asked them to work overtime, the hospital was required to pay the overtime pay
c. because the agency knew that nurses frequently worked overtime at the hospitals’ request, and did nothing to enforce its rule against overtime, the agency was responsible to pay overtime
d. none of the above

8. Which of the following is generally compensable time under the FLSA?
a. meetings during work hours concerning employee grievances
b. meal periods of any length
c. periods spent waiting to start work
d. time spent traveling to and from work in a private car
e. all of the above

9. The Migrant & Seasonal Protection Worker Act (MSPA) provides all of these requirements EXCEPT:
a. a minimum wage and overtime
b. disclosure of working terms and conditions at the time of hire
c. safe and sanitary housing and transportation
d. maintenance of wage and hour records

10. The Migrant and Seasonal Agricultural Worker Protection Act requires that:
a. migrant agricultural workers must be paid no less than the prevailing wage for farm laborers in the geographic region
b. migrant agricultural workers must be provided with housing and the housing must be safe and sanitary
c. migrant agricultural workers must receive overtime pay of one and a half times their regular rate of pay for all work hours in excess of 50 in a week
d. all of the above
e. none of the above

11. Which of the following activities is compensable time for which an employee must be paid?
a. time spent taking pre-employment tests
b. time spent traveling to and from work
c. time spent waiting to start work
d. rest periods of up to 20 minutes

12. Under the duties test, in order to be classified as exempt, an employee:
a. must perform the duties of an executive, administrator, or professional
b. must work in an office setting
c. must have a job title that includes the word executive, administrator, or professional in the title
d. all of the above

13. Under the Department of Labor’s “pay docking rule”:
a. wages withheld for disciplinary purposes are not counted as compensation when determining compliance with minimum wage and overtime requirements
b. it violates the FLSA for employers to make deductions from the pay of salaried employees for partial day absences
c. certain deductions from the pay of salaried employees can lead to the finding that these employees are non-exempt
d. a and b
e. none of the above

14. Under the FLSA, minors under 16 years of age:
a. are allowed to work at any job provided that they have obtained working papers
b. are allowed to work no more than 18 hours per week while school is in session
c. are allowed to work no more than 8 hours per day while school is in session
d. b and c
e. all of the above

15. Which of the following is among the things that must be shown in order for two jobs to be considered “equal work”?
a. they must have the same or very similar job titles
b. the jobs must be of comparable worth to the employer
c. there must be substantial overlap in the duties and tasks performed
d. they must have the same or very pay rates
e. all of the above

16. If employees come in to start work early, or stay beyond scheduled hours, or come in to work on days off,
a. the extra time put in on the job could be used to re-classify those employees from non-exempt to exempt
b. the extra time put in on the job could qualify those employees for overtime pay
c. under the FLSA, they have volunteered their services for that extra time
d. none of these

17. Employers should maintain accurate and up-to-date job descriptions because they will help establish:
a. the essential functions of the job
b. the exempt status of the employee, if exempt
c. that an employment requirement is job-related
d. the similarity or non-similarity between two different jobs
e. all of these
f none of these

18. Which of the following statements is NOT true?
a. US employees have the dubious distinction of working the longest hours among industrialized nations
b. job stress is related to such maladies as high blood pressure and coronary heart disease
c. longer workdays are associated with increases in injuries
d. all of these
e. none of these

19. In the U.S., more and more workers are working:
a. around the clock
b. off the clock
c. on the clock
d. none of these

20. As the new Assistant Human Resources Manager, you now have access to the salaries of all of the staff at your firm, and discover that the sole female salesperson on the staff is being paid significantly less than her male counterparts, although she has the same educational background and experience. Within about 6 months, you are to replace the current Human Resources Manager, an “old school” kind of fellow who is retiring. But since you are newly hired, you are reluctant to “make waves.” Considering your duties and also the protection of your career, which of the following options would NOT be advisable?
a. Tell the current “old school” HR Manager that the lower salary of the female salesperson is illegal, and that he must immediately raise her pay, or you will tell the salesperson that she should file an EEOC claim
b. Ask the current HR Manager if he is aware that the female salesperson is receiving a lower salary for the same work, which could cause a claim to be filed against the firm, and ask what he thinks should be done
c. Do and say nothing yet, awaiting the day when you assume the role of HR Manager; then take steps to raise the saleswoman’s pay to compare with that of her male colleagues, without telling her why

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers should not ignore employees starting work early, staying beyond scheduled hours, or coming in to work on days off.

b. Employers should maintain accurate and up-to-date job descriptions

c. Employers should not make deductions from the pay of exempt employees for partial day absences or require that the time off be made up.

d. Employers should refrain from establishing and enforcing pay secrecy policies.

e. Employers should be prepared to account for disparities in the pay of men and women performing similar jobs in the same workplace.

2. An employer of an emergency response service required its service employees to be on call every weekend, as they might be called to report within 10 minutes. While on call, employees were not permitted to leave their homes, as the employer’s contact was to their home phones. Also, employees were not permitted to drink alcohol on the weekends, because of their potential on-call duties. The employer did not pay for on-call weekends, and the employees sued. What are the issues, and what should the court decide?

3. What could the employer in number 2 above have done differently to avoid incurring liability for compensable time and perhaps overtime?

CHAPTER 13 BENEFITS
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The Employee Retirement Income Security Act (ERISA) governs which of the following?
a. retirement and pension plans
b. health insurance
c. childcare subsidies
d. all of these
e. a and b only

2. Under ERISA, employers are required to do all of the following EXCEPT:
a. inform employees about their benefits
b. actually deliver promised benefits
c. pay for either a defined benefit or a defined contribution pension plan
d. all of these are true

3. The purpose of Consolidated Omnibus Budget Reconciliation Act (COBRA) generally is:
a. to regulate pension plans
b. to provide for the continuation of health insurance coverage
c. to prevent disqualification in health insurance coverage because of pre-existing conditions
d. none of these

4. Regarding discrimination older workers with regard to benefits, it is correct to say that:
a. employers may discriminate against older employees in offered benefits because their benefits cost more
b. employers may provide less extensive health care coverage to older workers as long as the employer spends the same amount of money as for younger workers
c. an employer can force older workers to retire, to avoid providing health care benefits to them
d. none of these is correct

5. The Pregnancy Discrimination Act generally requires employers to:
a. provide pregnancy health care benefits to pregnant employees
b. provide pregnancy health care benefits to women, but not to men
c. treat pregnant employees the same as non-pregnant employees with similar ability to work
d. none of these

6. Match each term to its correct definition.

ERISA the principal federal law regulating benefit plans of private employers
Defined benefit plan pays a specific pension benefit to the employee upon retirement
Defined contribution plan a pension plan to which the employer makes contributions, and the employee invests, the benefit being determined by the success of the investment
fiduciary one who exercises discretionary authority and control over the administration of pension funds
vesting based on years of service, an employee’s achievement of an nonforfeitable right to receive a pension

CHAPTER 13
BENEFITS

MULTIPLE CHOICE QUESTIONS

1. Defined benefit pension plans:
a. promise a specific pension benefit upon retirement
b. are insured through the Pension Benefit Guaranty Corporation (PBGC)
c. all of the above
d. none of the above

2. Summary plan descriptions (SPDs):
a. must be provided to new employees before they begin their employment
b. provide a brief overview of the terms of employee benefit plans
c. can be the basis for claims that employees did not receive promised benefits
d. all of the above
e. none of the above

3. Regarding the Pension Benefit Guarantee Corporation (PBGC), which of the following statements is true?
a. The PBGC is an agency that insures defined benefit pension plans.
b. The PBGC is an agency that insures defined contribution pension plans.
c. The PBGC’s fund is running out of money, due to the increase in the failure of the pension plans it insures.
d. a and c only
e. b and c only

4. Which of the following is a fiduciary duty under ERISA?
a. ensuring that plans operate in accordance with plan documents and ERISA
b. diversifying pension fund assets to minimize the risk of large losses
c. managing benefit plans and funds solely in the interest of plan beneficiaries
d. all of the above
e. none of the above

5. In Fought v. UNUM Life Insurance Company of America, Fought underwent surgery for coronary artery disease, a pre-existing condition at the time she qualified for her employer’s disability policy. Weeks after the surgery, she developed a staph infection, became disabled, and applied for coverage under her company’s disability insurance. The insurer denied coverage on the basis of a pre-existing condition, her coronary artery disease, and Fought sued. As to the issue of causation, the court ruled:
a. for the insurer, since Fought would not have had surgery which resulted in the infection but for the pre-existing coronary artery disease
b. for the insurer, since the staph infection was a previously undiscovered pre-existing condition
c. for Fought, since the staph infection was not a pre-existing condition, and was not a necessary consequence of her coronary artery disease
d. for Fought, because the insurer had a conflict of interest

6. Which of the following is true regarding vesting requirements under ERISA?
a. once pension rights vest, employees are entitled to receive full pensions upon leaving employment
b. once pension rights vest, employees’ pension plans cannot be discontinued or changed
c. vesting usually occurs after five or seven years of service
d. vesting is never required but is purely a contractual provision negotiated between the employer and employee

7. Which of the following is true of the Employee Retirement Income Security Act (ERISA)?
a. it requires employers to provide pensions for most of their employees
b. it is superseded by state laws that relate to employee benefit plans
c. it does not apply to benefit plans administered by public employers
d. it requires that once a plan is in place, it can not be changed or modified without the employees consent
e. all of the above

8. Defined contribution pension plans:
a. are insured by the Pension Benefit Guaranty Corporation (PBGC)
b. are prone to under-diversification of investments
c. are not subject to ERISA vesting requirements
d. guarantee specific pension benefits to the employee when the plan is entered into

9. Which of the following is NOT a part of the Patient Protection & Affordable Care Act?
a. a temporary insurance program for high-risk individuals with pre-existing conditions and no health insurance
b. a prohibition against denying coverage to children based on pre-existing conditions
c. a requirement that plans cover all immunizations and routine health care
d a prohibition against requiring pre-authorization for emergency care

10. Which of the following is a qualifying event necessitating an offer of COBRA continuation coverage?
a. an employee quits his job
b. an employee’s hours are cut
c. a spouse and an employee get divorced
d. all of the above
e. none of the above

11. An employee is terminated for poor attendance. The employer sends a letter on May 1 notifying him of his right to receive continuation health insurance coverage. The letter states that the former employee must respond by May 30 to be eligible for up to 6 months of continuation coverage. The employer’s letter:
a. accurately states the former employee’s rights under COBRA
b. should state that the employee has 45 days to decide on coverage that would last up to 3 years
c. should state that the employee has 60 days to decide on coverage that would last up to 3 years
d. should state that the employee has 60 days to decide on coverage that would last up to 18 months
e. should not have been sent since a termination for poor attendance is not a qualifying event under COBRA

12. Which of the following is one of HIPAA’s requirements regarding pre-existing condition exclusions in group health plans?
a. exclusionary periods can last no longer than 6 months
b. exclusionary periods must be reduced by any periods of prior coverage under a group health plan, as long as the break in coverage was no more than 63 days.
c. certificates of creditable coverage are used to document that employees have pre-existing conditions to which exclusionary periods would apply
d. prior coverage under a group health plan does not include any period of continuation coverage under COBRA
e. none of the above

13. Regarding the topic of employment benefits, it is correct to say that:
a. both employment and tax laws affect employment benefits
b. the law on this topic has been very much in flux
c. the law on this topic has largely been settled
d. public policy debates concerning this topic have occurred in recent years
e. a, b and d
f. a, c and d

14. The Pregnancy Discrimination Act provides for each of the following EXCEPT:
a. health plans must cover expenses for pregnancy-related medical care on the same basis as for other medical conditions
b. because of the extreme costs and because men do not avail themselves of pregnancy benefits, larger deductibles or co-pays may be charged
c. both married and unmarried employees must be covered
d. the same level of coverage must be provided for the spouses of male employees as is provided for the spouses of female employees

15. Regarding employment benefits, the general rule is that:
a. employers are legally required to provide employment benefits in the form of basic health care, vacation pay, and pension or profit sharing plans
b. employers are legally required to provide basic health care, but no other benefits, although they may do so voluntarily
c. only employers with 50 or more employees are legally required to provide basic health care, but no other benefits, although they may do so voluntarily
d. none of these

16. In McDowell vs. Krawchison, an employee whose wife suffered from breast cancer was terminated after a change of ownership of the company. He asked whether their health insurance would continue, and was told verbally that it would. Nine months later when his wife sought treatment, she was advised the policy had been terminated. He and his wife sued for a violation of COBRA. The court ruled:
a. for the employer, since it was a new owner, and not the employer of the employee.
b. for the employer, since the employee never requested in writing that their insurance be continued
c. for the employee, since he was not given notice of his COBRA rights in writing
d. for the employee’s wife, because she was also an insured, but was given no notice of her COBRA rights

17. You have just been hired as the new Human Resources Manager for your firm. On your second day, an employee filed for disability benefits due to a recent injury. Not knowing about a disability policy through this firm, you search the files and discover that the firm cancelled a long term disability on the employee without notifying him. What should you do?
a. nothing; maybe the employee will withdraw his claim for disability benefits
b. send official notice that the disability policy had previously been cancelled
c. call the employee to tell him that the disability policy had previously been cancelled
d. b and c
e. none of these

18. About ERISA, the Employee Retirement Income Security Act, it is correct to say that:
a. the law governs only pension plans
b. the law governs benefit plans broadly, not just pension plans
c. the law only applies to “welfare” plans
d. none of these

19. The problem with a Cash Balance or Hybrid pension plan is:
a. that the employee bears the risk of loss of the investment
b. that because of the way benefits are calculated, older employees receive less than younger employees
c. that they are not covered by ERISA
d. none of these

20. HIPAA, the Health Insurance Portability and Accountability Act provides all of these EXCEPT:
a. it greatly restricts the use of the pre-existing exclusion
b. it provides that exclusionary periods can be no longer than 30 days
c. it provides that pregnancy cannot be deemed a pre-existing condition
d. it provides that a certificate of creditable coverage reduces the exclusionary time period for a pre-existing condition

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Benefit plan administrators must base their decisions about eligibility for benefits on plan documents, have reasons for their decisions, and use all of the current, relevant information available to them.

b. Health insurance plans must cover medical expenses related to childbirth and not impose deductibles or co-payments for such treatment that exceed those required for other medical treatments.

c. Group health plans must not limit eligibility based on health status, medical condition, claims experience, medical history, genetic information, or the disability of an employee or dependent.

d. With just a few exceptions, employers must not establish mandatory retirement ages.

e. Employers should be careful in advising employees about their benefits and refer them back to SPD’s and other plan documents.

2. There is no question that health care and other benefits often become available to family members without question. How does the law currently look at the extension of benefits to domestic partners?

CHAPTER 14
UNIONS AND COLLECTIVE BARGAINING
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Labor laws:
a. require job security after five years
b. regulate the hours and rates of pay of various industries
c. protect the rights of employees to join together for collective bargaining
d. none of these

2. Under the National Labor Relations Act (NLRA), employees have the right to:
a. engage in “protected concerted activities”
b. to bargain with employers through representatives
c. to refrain from all of these activities
d. a and b only
e. a through c

3. An example of an unfair labor practice would be:
a. employers discriminating against employees who wish to unionize
b. employers refusing to engage in collective bargaining
c. employees going on strike because an employer refused to engage in collective bargaining
d. all of these
e. a and b only

4. When the employees vote by secret ballot on whether or not to form a union, the percentage vote that is required is:
a. 90%
b. 75%
c. just over 50%
d. 30%

5. Typically, collective bargaining agreements provide that disputes will be resolved by:
a. lawsuits
b. grievance procedures
c. arbitration
d. b and c

6. Match each term to its correct definition.

National Labor Relations Board the federal agency that administers the National Labor Relations Act, including holding elections to determine whether employees want union representation
Card check procedure a majority of employees sign cards indicating their preference to join a union
Good faith bargaining the obligation of both employer and union to confer in good faith, to meet at reasonable times, and to sign a contract
Mandatory topic an issue that, if raised by either party, must be the subject of bargaining in good faith
lockout the employer’s preventing employees from working after their labor agreement expires, although they are willing to continue to work and negotiate

CHAPTER 14
UNIONS AND COLLECTIVE BARGAINING
MULTIPLE CHOICE QUESTIONS

1. Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act?
a. Federal Mediation and Conciliation Service (FMCS)
b. Federal Labor Relations Authority (FLRA)
c. National Labor Relations Board (NLRB)
d. National Mediation Board (NMB)
e. National Collective Bargaining Commission (NCBC)

2. Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act (“Sec. 7 rights”)?
a. the right to self-organization
b. the right to fair pay and benefits
c. the right to strike
d. the right to assist labor unions

3. Protected concerted activities:
a. are engaged in with or on the authority of other employees
b. must be related to wages, hours, terms or conditions of employment
c. must not be extreme or abusive
d. apply to unionized workers but not to non-unionized workers
e. all of the above

4. Which of the following is an unfair labor practice (ULP) under the National Labor Relations Act?
a. discriminating against an employee based on her race
b. violating the terms of a labor agreement
c. retaliating against an employee who has filed charges with the NLRB
d. after an agreement has expired and while the new one is being negotiated, locking out employees willing to continue working

5. Which of the following employee rights is NOT protected by the NLRA?
a. to engage in self-organization
b. to go on strike
c. to engage in other concerted activities
d. to refrain from such activities
e. all of the above employee rights are protected by the NLRA

6. In Mastec Advanced Technologies, 26 service technicians were fired after appearing on a television news show to complain about their employer’s instructions about how to persuade customers to install phone connections for their satellite television service, and the charge-backs to employees’ pay if they did not procure such connections. Phone connections were not necessary for the service to work, but the company earned more money if phone connections were installed. Regarding the terminations, the court ruled:
a. for the employer, since it is not a protected concerted activity for an employee to make disparaging remarks to 3rd parties, since it shows disloyalty
b. for the employer, because its business policies were within its discretion
c. for the employees, because they did not speak disparagingly about their employer
d. for the employees, because they spoke truthfully about an ongoing labor dispute
e. c and d

7. Which of the following would NOT be considered a concerted activity?
a. members of a union that meet to discuss problems with working conditions at their workplace
b. employees who are not members of a union that meet to discuss problems with working conditions at their workplace
c. a single employee that writes to a supervisor complaining about the refusal to grant her vacation time for the exact period of time she requested
d. a single employee that writes to a supervisor complaining about the frequently malfunctioning air conditioning and extreme indoor heat at an assembly plant
e. c and d

8. In Northeast Beverage Corp v. NLRB, an employer announced that it was going to close a union facility, and entered into negotiations with the union. Six drivers learned of an upcoming meeting, met over coffee to formulate their questions, and went to the site of the meeting. A union official told them to return to work, but the drivers insisted, and eventually were able to introduce themselves to the management representatives. They returned to work after having been gone for 3 hours, but were fired for being absent without authorization. The NLRB ruled in favor of the drivers, and the employer appealed. On appeal, the court ruled:
a. for the employer, since the employees essentially walked off the job during working hours without authorization, which is not a protected concerted activity
b. for the employer, since its representatives had met with the employees, so they had complied with their obligations
c. for the drivers, since they had a right under the NLRA to engage in protected concerted activity
d. for the drivers, because although they were able to introduce themselves to the management representatives, no actual discussion or negotiation took place

9. Non-employee organizers:
a. have no rights under the NLRA and can be barred from entering workplaces
b. must be allowed to speak with employees during non-work times and in non-work areas
c. must be allowed into workplaces if the majority of employees desire their presence
d. can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist
e. none of the above

10. Which of the following is a criterion used by the NLRB to determine that an appropriate bargaining unit exists?
a. the percentage of employees who have signed authorization cards
b. whether employees are paid at the same rate and/or under a reasonable and logical pay scale
c. whether professional employees would be mixed with non-professional employees against their will
d. all of the above
e. none of the above

11. Which of the following is true regarding NLRB representation election procedures?
a. the NLRB will not order an election unless at least 50 percent of employees have signed authorization cards
b. no more than two elections will be held in the same year for the same group of employees
c. if an employer commits an unfair labor practice within the week before an election is held, the NLRB will certify the union, regardless of whether it receives a majority of votes
d. if an election is ordered, the employer is required to provide the NLRB, within seven days, a list of names and addresses of all employees in the bargaining unit
e. none of the above

12. Which of the following is true regarding grievances?
a. they can be filed by individual employees and may be pursued by the individual
b. they can only be filed by the union on behalf of the individual
c. if the grievance cannot be resolved, either the union or the individual can decide to take the case to arbitration
d. if the grievance cannot be resolved, either the union or the individual can decide to take the case to mediation

13. Union security provisions:
a. are unlawful under the NLRA because they require employers to discriminate against employees who do not support their unions
b. are unlawful in states that have “right to work” laws
c. require that employers recognize and negotiate with the unions chosen by their employees
d. require that employees financially support all union activities, regardless of any objections the employees might have to doing so
e. none of the above

14. The duty to bargain in good faith:
a. requires both employers and unions to eventually reach agreement in their negotiations
b. requires that any issue raised by either the employer or union must be negotiated
c. requires that employers supply unions with information relevant and necessary to bargaining effectively
d. all of the above
e. none of the above

15. Under the NLRA, employees who go on strike:
a. can be terminated, but only after they are given an adequate opportunity to return to work
b. can be terminated, but only if the strike is an economic strike
c. can be permanently replaced, but only if the strike is an unfair labor practice strike
d. can picket their employer and any other firms that do business with the employer
e. none of the above

16. Protection of concerted activity may be lost if which of the following occurs?
a. insubordination which is grounds for discharge
b. the number of employees is reduced so that the NLRA no longer applies
c. a serious disagreement between labor and management
d. none of these
e. all of these

17. Regarding the Employee Free Choice Act, it is correct to say:
a. that the law has the support of both labor and management
b. that the law has the support of management, but not labor
c. that the law is unlikely to pass
d. none of these

18. You have just been hired as the new Assistant Human Resources Manager at your firm, having worked your way up from the factory floor to the administrative suite. During your briefing for the new job, you are told that the firm has learned that its employees are attempting to unionize, a move which the firm has vowed to fight. As part of that effort, your boss, the HR Manager, has asked you to privately talk to some of your former co-workers on the factory floor to see what their thinking is, to learn about how many are in favor of unionizing, who, specifically, is supporting it, and what might make them change their minds. Among the things they want to know is what would work better – threats of reprisals against those supporting a union, or promises of benefits to those who oppose it. You are eager to do well at your new job, but you see some problems with these requests. Of the following choices, what should you do?
a. do as they ask; none of it is illegal
b. tell them you can’t do what they ask because it is illegal
c. tell them you would be glad to talk informally with your former co-workers to find out their attitudes about unionization and why this has come up, but that speaking about reprisals and benefits would be an unfair labor practice

19. Which of the following factors is relevant to a determination of an “appropriate bargaining unit?”
a. similarity of skill
b. interrelationship of tasks
c. common supervision
d. common salaries
e. all of these are relevant
f. a through c only

20. Regarding representation election procedures, which of the following statements is/are true?
a. at least 50% of the employees in a bargaining unit must sign authorization cards
b. an employer may recognize a union only if at least 50% of the employees in a bargaining unit have signed authorization cards
c. if an election is ordered, the employer must provide to the union names and addresses of employees within 7 days
d. the time between when an election is ordered and when it takes place is the time of least scrutiny of the activities of the employer and the union

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must not create or control “company unions.”

b. Employers should not respond to union organizing efforts by raising wages or making other unscheduled changes in employment benefits.

c. Employers must abide by the terms of labor agreements when making human resource decisions regarding their unionized employees.

d. Employers should not establish informal practices of conferring benefits and privileges not specified in labor agreements.

e. If individual employees wish to present their own grievances, their union must be notified and given the opportunity to be present at any meetings about the grievances.

2. What must be proven in order to establish a prima facie case of discrimination by the NLRB?

CHAPTER 15
OCCUPATIONAL SAFETY AND HEALTH
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The minimum level of safety that employers are required to provide is defined through:
a. standards created by OSHA
b. standards created by employers
c. the general duty clause
d. a and c

2. To prove a violation of an OSHA safety standard, the claimant must establish that:
a. an applicable standard exists
b. the standard was not complied with
c. one or more employees were exposed to the hazard
d. the employer knew or should have known of the hazard
e. all of these

3. The general duty clause covers:
a. an employer’s duty to act carefully in structuring the workplace
b. an employer’s duty to be free from negligence
c. hazards for which no specific standard exists
d. all of these
e. a and b only

4. OSHA prioritizes inspections, recognizing that this situation is most urgent:
a. the aftermath of serious accidents
b. situations where there is imminent risk of serious harm or death
c. responses to employee complaints
d. all of these

5. State workers’ compensation laws:
a. apply to injuries that occur in the course of employment
b. provide medical care and rehabilitation, and partial replacement of income
c. are the exclusive remedy for employees injured on the job
d. b and c

6. Match each term to its correct definition.

The OSH Act governs safety in private sector workplaces
Permissible exposure limit the maximum exposure to a hazard allowable under the OSH Act
Cost-benefit analysis an examination of the cost to employers to comply with ah OSH safety standard compared to the economic value of expected improvement in worker health
Experience rating an employer’s track record regarding the number of injuries that have occurred in its workplace
Arising out of employment a requirement for worker’s compensation that refers to the job-related activities leading to an employee’s injury or illness

CHAPTER 15
OCCUPATIONAL SAFETY AND HEALTH
MULTIPLE CHOICE

1. A principal objective of the Occupational Safety and Health Act is ____________:
a. compensating employees for injuries and illnesses that occur on the job
b. preventing injuries and illnesses on the job
c. promoting healthier life styles for employees
d. all of the above
e. none of the above

2. By law, employers must arrange workers’ compensation coverage for their employees.
They may do this by any of the following except:
a. contributing to state workers’ compensation funds
b. contributing to federal workers’ compensation funds
c. self insuring
d. purchasing coverage from private insurers
e. any of the above methods would be acceptable

3. Which of the following is true of OSHA’s permanent standards?
a. they must be followed without exception
b. they apply to firms in all industries
c. they are adopted only after a lengthy process of public hearings and documentation
d. all of the above
e. none of the above

4. Which of the following is NOT true regarding the enforcement process under OSHA (the
Act)?
a. inspectors do not issue citations to employers when they find violations
b. copies of citations received must be posted in the workplace near the sites of the violations
c. employers are not required to correct violations until after their appeals have been decided
d. OSHA inspections are generally unannounced and the employer is required to allow the inspector access as long as the inspector shows proper credentials

5. Which of the following is an element needed to establish a violation of the general duty clause?
a. a potential hazard exists which was known in the industry
b. the employer acted with intent in allowing the hazard to exist
c. feasible means exist to abate the hazard
d. all of the above
e. none of the above

6. In R. Williams Construction Co. v OSHRC, a trench collapsed at a construction site, killing one worker, and severely injuring another. A hydraulic jack supporting the wall had been removed, and the walls of the trench were not sloped, as required by OSHA regulations. The construction firm argued that, although it did not know what the OSHA requirements were, its employees had much work experience and common sense, and they talked about safety “all the time.” The OSHRC ruled:
a. for the employer, because of the several years of experience of its workers
b. for the employer, because the employees frequently talked about safety
c. for the workers, because there was a death and a serious injury
d. for the workers, because OSHA regulations applied, and it is not a defense that the firm did not know about OSHA regulations

7. Ergonomic hazards _______________:
a. are partially addressed by OSHA’s ergonomics standard
b. have been addressed under the general duty clause
c. are not currently regulated due to inadequate knowledge of their causes
d. are not currently regulated because ergonomics is not a recognized and authoritative field
e. none of the above

8. Which of the following is true regarding safety and health inspections?
a. inspection sites are always chosen at random
b. OSHA has the authority to enter and inspect all workplaces, regardless of employer objections
c. in about half of the states, inspections are conducted by state agencies rather than by OSHA
d. all of the above
e. none of the above

9. Regarding Workers’ Compensation, which of the following statements is correct:
a. generally, workers’ compensation is an injured employee’s exclusive remedy
b. pursuant to workers’ compensation, the employer gives up its right to defend against liability for employee injuries with the Fellow Servant Rule
c. pursuant to workers’ compensation, the employer gives up its right to defend against liability for employee injuries with assumption of the risk
d. none of the above is correct
e. all of the above are correct

10. Employees who walk off the job due to dangerous conditions may be protected under OSHA (the Act) if:
a. there has been an inspection and OSHA has validated the claim that dangerous conditions exist
b. the employer has been informed of the hazard and does not correct it
c. there is a specific OSHA standard that applies to the hazard
d. all of the above
e. none of the above

11. Which of the following is true of OSHA reporting and recording requirements?
a. employers with fewer than 50 employees are generally exempt from recording injuries and illnesses
b. all injuries or illnesses must be reported to OSHA within 6 days of their occurrence
c. injuries that result in death or the hospitalization of three or more employees must be reported to OSHA within 8 hours of their occurrence
d. all of the above
e. none of the above

12. Which of the following is true of workers’ compensation?
a. employees are compensated for workplace injuries and illnesses as long as the employer’s negligence played a part
b. experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer
c. because employees are hurt through no fault of their own, workers’ compensation is designed to replace all of the income lost due to inability to work
d. employers can always avoid paying workers’ compensation if it can be shown that the employee’s own careless actions contributed to the injury
e. none of the above

13. Which of the following agencies was NOT created by the Occupational Safety and Health Act?
a. The Occupational Safety & Health Administration
b. The Occupational Safety & Health Review Commission
c. The National Institute of Occupational Safety & Health
d. The National Institute of Mental Health

14. Regarding OSHA inspections, which of the following statements is NOT correct?
a. most enforcement actions derive from employee complaints and OSHA inspections
b. most inspections are unannounced
c. if an emergency exists, OSHA has the right to enter a workplace without a warrant
d. OSHA routinely visits each workplace annually
e. none of the above

15. A woman wrenched her back participating in a limbo contest on the weekend. Feeling better, she went to work at her job as a secretary on Monday. Lifting a box of copier paper, she experienced severe back pain and needed immediate medical attention. She was off from work for two weeks due to the injury and filed a claim for workers’ compensation. If her employer contested the claim, the most likely outcome of the case would be:
a. denial of the claim because the injury did not occur in the course of employment
b. denial of the claim because, under the usual exertion rule, the injury did not arise out of employment
c. granting of benefits because, under the usual exertion rule, the injury arose out of employment
d. granting of partial benefits due to the pre-existing injury

16. The best thing an employer can do to avoid OSHA violations is:
a. take steps to prevent workplace injuries
b. create a comprehensive workplace safety program
c. be proactive in assessing workplace hazards
d. all of these

17. You are an administrative clerk in the Human Resources Department of a construction firm. You are aware that there have been several injuries on the job site in the past two months, some of them serious, and know that reports are supposed to be filed with OSHA reporting serious injuries. The HR manager has been complaining bitterly about OSHA, especially since they have done inspections at your firm’s job sites twice in the last year, and has made comments like, “It’s none of their damned business if one of our guys is stupid enough to get hurt.” It is one of the tasks of the Assistant HR Manager to file reports of serious job accidents, but she has suddenly resigned. You are asked to temporarily take her place. You do so, and discover in her desk drawer, paper-clipped together, the reports of serious injury which have been prepared over the past 3 months, but not sent to OSHA. Considering your duties and your legal protections, which of the following would be your best option?
a. send them in an overnight package to OSHA immediately, but say nothing; (maybe they’ll think she sent them in)
b. send them in an overnight package to OSHA immediately, but tell the HR Manager that you have sent in the reports so as to comply with the law
c. tell the HR Manager that you found the reports, and ask what he wants you to do; (you know what answer you’ll get)

18. You work in a large office in the “bullpen,” a large open area of desks, chairs and computers, where about 50 people work, separated only by low-level cubicle walls. In this area, several teams of people work together on different projects. Lately, there have been a lot of pranks played by one rowdy team upon another team (not yours), which have escalated. Yesterday, someone lowered the seat of a worker’s chair while he was out of his cubicle, and when he returned and attempted to sit down, he fell and injured his back. You believe this conduct needs to stop, but management has so far ignored the situation. What should you do and why?
a. do nothing; if you report this conduct, you’ll be ostracized by your co-workers; besides, its harmless horseplay
b. report the behavior to management, telling them about the potential for more serious injuries, and asking them to take steps to stop it
c. report the behavior to OSHA, and ask for an inspection; OSHA can’t reveal your name, so no one will know (though the company may get in trouble)

19. Your office is being expanded, which is good, but the noise of construction is bothering some workers. Some complain of headaches, others of hearing problems. If you are the Safety Director for the firm, which of the following would you recommend as the best remedy?
a. the firm should supply earplugs to the office staff, and try other means to reduce noise from the construction site
b. the construction firm should be ordered to work more quietly
c. those who are suffering from hearing problems and headaches should go home
d. all of these

20. The elements of a specific violation of OSHA regulations include all of the following EXCEPT:
a. an applicable standard exists
b. the standard was not complied with
c. one or more employees were injured by the hazard
d. the employer knew or should have known of the hazard

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must provide employees with employment and places of employment free from recognized hazards that are causing or likely to cause death or serious physical harm to employees

b. Employers must allow OSHA inspectors to enter the workplace and conduct inspections, but can insist that the agency first obtain a warrant

c. Firms using workers from contract companies should ensure that those companies have provided workers’ compensation for those workers

d. Employers should require that employees report all injuries that occur in the workplace as soon after they occur as possible

e. Light duty assignments should be available and considered for employees who have been injured on the job and who are not yet capable of performing their regular jobs

2. Workers’ compensation requires that for an injured employee to be eligible for benefits,
they must be injured arising out of and in the course of employment. Questions
frequently arise when the injury is caused by the employee’s misconduct or the misconduct of a fellow worker. Discuss how employee misconduct is looked at when
determining whether an injured employee is eligible for benefits.

CHAPTER 16
PERFORMANCE, TRAINING, APPRAISALS AND DEVELOPMENT
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Regarding performance appraisals, it is correct to say that:
a. employers have a duty to conduct performance appraisals
b. employers do not have a duty to conduct performance appraisals
c. courts will not recognize a claim for a negative appraisal which was deserved
d. b and c

2. When an employee suffers the loss of an employment opportunity and alleges discrimination, but the employer alleges poor performance, these become important:
a. performance appraisals
b. hazard communication standards
c. apprenticeship programs
d. development

3. Employers must provide training to:
a. all employees
b. al employees who are exposed to certain hazards
c. new employees
d. all of these
e. a and b only

4. If an employer fails to train an employee, knowing that he is without necessary skills and may injure others, and someone is injured, that person states a claim for:
a. negligent hiring
b. negligent background check
c. negligent training
d. none of these

5. Under the Fair Labor Standards Act, most training must be:
a. held on site
b. compensated
c. uncompensated
d. none of these

6. Match each term to its correct definition.

Performance appraisal a review of an employee’s performance
Performance criteria standards used to judge an employee’s performance
Training programs that teach employees how to do their jobs, or improve their skills
Right to know the idea that employees have the right to receive information about the dangerous chemicals they encounter on the job
Apprenticeship program it typically combines classroom instruction with work under the guidance of an experienced co-worker

CHAPTER 16
PERFORMANCE APPRAISALS, TRAINING, AND DEVELOPMENT
MULTIPLE CHOICE

1. Which of the following is true regarding performance appraisals?
a. most employers are legally required to conduct performance appraisals
b. employers may appraise some employees randomly and not others
c. performance appraisals are key pieces of evidence in many discrimination cases
d. an inaccurate performance appraisal, standing alone, always creates liability for the employer

2. Under the ADA, performance appraisals for disabled persons:
a. cannot hold disabled persons to the same standards of performance as non-disabled persons
b. cannot consider any difficulties performing non-essential job functions
c. should assess job performance both with and without any reasonable accommodations
d. are not permitted because of the inherent disadvantage that certain disabled employees have when compared to non-disabled employees

3. You are the judge hearing a Motion for Summary judgment filed by an employer in the case of an employee who has been terminated. The employee was the sole African-American customer service representative at the firm, who had a lengthy record of good evaluations. However, she received more negative evaluations over a period of three years after a new supervisor was hired, though the more stringent requirements applied to her were not applied to white employees. After 3 years, the employee was then selected for termination in a downsizing based on the previous 3 years’ evaluations. Based on this evidence, what should you decide?
a. you should grant summary judgment for the employer because the termination was based on performance appraisals rather than race
b. you should grant summary judgment for the employer because a discrimination claim based on performance appraisals going back three years was no longer timely
c. you should allow the employee to go to trial because African-Americans disproportionately received low performance ratings in this company
d. you should allow the employee to go to trial because the termination was based on performance appraisals that were tainted by consideration of the employee’s race
e. none of the above

4. In question # 3 above, evidence is introduced that the statute of limitations for filing an EEOC claim is 300 days in the state where the case was filed. Since the performance appraisals which were allegedly tainted by race were issued more than 300 years before the case was filed, the employer moves to dismiss the case, arguing that the statute of limitations has passed, the case has been filed too late. Based on this evidence, what should you decide?
a. the case should be dismissed because the statute of limitations has passed, and the case was filed too late
b. the case should be dismissed because the tainted evaluations triggered the employee’s right to file a cause of action, and the case should have been filed within 300 days of the first tainted performance appraisal
c. the Motion to Dismiss should be denied because the employee’s right to file a cause of action accrued when she was terminated, and not when a tainted performance evaluation was created
d. the Motion to Dismiss should be denied because the case of a termination based on tainted performance evaluations may be filed at any time

5. Performance appraisals:
a. should cite specific instances of good or bad performance
b. should never contain language strongly criticizing an employee’s performance
c. should consist primarily of numerical ratings because these are more objective
d. all of the above
e. none of the above

6. OSHA’s hazard communication standard requires:
a. specific content and methodology regarding the training of employees in hazards that they might reasonably encounter on the job
b. that employers maintain material safety data sheets for all hazardous chemicals used in the workplace
c. that employers provide employees with information about evacuation routes and other emergency procedures
d. all of the above
e. none of the above

7. The forced distribution method regarding performance appraisals consists of:
a. setting a schedule mandating when particular departments or divisions would be evaluated over an extended period of time
b. evaluating protected classes within departments separately so that consistency within these groups can be maintained
c. requiring that predetermined percentages of employees be placed into particular performance categories
d. banding of performance appraisal results to create equality and negate the effect of statistical inconsistencies in the evaluation itself which might have led to potential discrimination

8. In Hoffman v. Caterpillar, a disabled employee was refused the opportunity to train on a new machine because her supervisor believed that her disability would make it impossible to operate the machine with acceptable speed. The court held:
a. Under the ADA, failure to train is a materially adverse employment action that can be challenged as discriminatory
b. The employer engaged in disparate treatment, provided the employee can prove that she is able to operate the machine
c. The employer is not obligated to reasonably accommodate the employee in the training process because operating the machine is not required for her current job
d. all of the above
e. none of the above

9. Under Title VII, in cases of discrimination, punitive damages are:
a. available for intentional or unintentional discrimination resulting from ordinary negligence when an employer has violated an employee’s federally protected right
b. available only for intentional discrimination resulting from mere indifference when an employer has violated an employees federally protected right
c. available only for intentional discrimination resulting from malice or reckless indifference when an employer has violated an employees federally protected right
d. not allowed or available

10. Regarding performance appraisals, which of the following statements is NOT true?
a. courts will review contested performance appraisals to determine whether or not they are correct
b. negative performance appraisals, by themselves, do not prove discrimination
c. employees who conduct performance appraisals should be trained in how to conduct them
d. a biased negative appraisal may constitute disparate treatment
e. none of the above

11. Which of the following is NOT true regarding performance criteria and standards?
a. There is no requirement that they be communicated to employees prior to the appraisal of their performance if a job description is available
b. They must be applied consistently regarding employees, department and sections within the organization
c. They must be job related
d. They must be specific and objective

12. A 360 degree appraisal:
a. is conducted by the employee’s superior and that superior’s superior
b. is comprehensive and appraises performance, attitude and potential in a single evaluation
c. is conducted by other employees, at various organizational levels, as well as customers or other stakeholders that deal with the employee being appraised
d. is an appraisal that consists of a required number of positive and negative performance ratings (i.e. – three best and three worst attributes) in various performance proficiencies

13. The most common performance criteria used includes all of these EXCEPT:
a. punctuality
b. quality of work
c. willingness to work two jobs
d. leadership
e. all of these are commonly used

14. Which of the following statements regarding the timing of performance appraisals is true?
a. a negative performance appraisal given shortly before layoffs or terminations appears to be pretext
b. a negative performance appraisal given shortly after an employee has filed a charge against the employer appears to be retaliation
c. a positive performance appraisal given just prior to salary review may be grounds for raising an employee’s salary
d. all of these are true

15. Regarding the language to be used in performance appraisals:
a. the language, if negative, should be as forceful as possible to convey the negative evaluation
b. should be measured and professional, whether conveying a positive or negative appraisal
c. should use common terms, and pleasant language, so as to avoid claims of defamation
d. none of these

16. In Metty v Motorola,, a high-level manager consistently received positive performance reviews from her immediate supervisor for four years. She earned bonuses, salary increases, and was promoted to the senior leadership team. Some criticisms were made of her interpersonal relations with others, but these were not emphasized. After a change in management, top managers grew more critical of her. She was passed over for promotion, the promotion being given to a male with less experience. Responsibilities were taken away, and she was dropped from the senior leadership team. A new (never-again used) 9-point rating system was used, on which she earned the lowest possible score. The CEO said he wanted her out “legally,” and asked “How do we explain this to a jury?” Managers explained there was little support for her among them, and she did not “fit.” She sued for sex discrimination. On appeal, the court ruled:
a. for the employer, finding that the employee had failed to meet performance requirements
b. for the employer, finding that the employee was not discriminated against
c. for the employee, finding that she had met all performance standards, while the complaints against her were mostly subjective
d. for the employee, finding that she was entitled to the promotion she had sought

17. The “forced distribution method” of performance appraisals:
a. require that predetermined percentages of employees be placed into particular performance categories
b. often require that employees in the lower performance categories are subject to termination or are ineligible for bonuses and raises
c. may lead to claims of age, race or sex discrimination
d. all of these

18. As a new manager, you are delighted with your new job (and higher pay), but now it’s time for the annual performance appraisals of the staff you supervise. Worse, you have been directed to downsize your department by 10%. Many of your colleagues have offered you advice as to how to proceed. Among the following, which would NOT be good advice?
a. use a forced distribution method of performance appraisal, which will help you achieve a 10% cut in department staff easily, and avoid legal claims
b. as you conduct the performance appraisals, speak gruffly to each employee, in order to prepare them for possible termination
c. make clear that no matter how well they have done their jobs, it is no guarantee that they will survive the cut; don’t allow or answer any questions
d. none of these would be good advice
e. all of these would be good advice

19. You are the crew supervisor of a group of men and women who clean offices for commercial office buildings in downtown Manhattan. Few of them speak or read English, and part of your job is to give them their instructions in Polish and Spanish, as the case may be. Your Spanish is pretty good, but your Polish is rudimentary at best. The firm you work for, Commercial Cleaning, LLC, has just switched cleaning agents to a highly effective, but highly toxic cleaning agent for marble floors which is dangerous to humans and to the environment, and requires complex and special handling. You’re not even sure you could explain the instructions to the Spanish-speaking employees, let alone the Polish employees. You’ve raised the issue with your boss, who tells you not to worry about it. He said that even if the employees became ill by using the product, the illness would not show up for a long time, so there’s no way to connect it with the firm. He refuses to provide instructions translated into Spanish and Polish, or latex gloves which are required for its handling. You have a choice. You know that some actions would put your employer first, some would put yourself first, and some your crew. Of the following actions, which would put your crew first?
a. Do nothing. The decision is out of your hands.
b. Try the best you can to explain to your crew, using gestures and pantomiming, how to use the new cleaning agent, and recommend that they get gloves. Hope that no one becomes ill.
c. Get a translation into Spanish and Polish of the complex instructions. Pay for it yourself. You don’t want the consequences that might befall your crew on your conscience.
d. Report the firm anonymously using the OSHA hotline. Quit and get another job.

20. Regarding the Drug-Free Workplace Act, which of the following is NOT true? The Act requires that:
a. all employers adopt a drug-free workplace policy
b. employers with drug policies inform their employees about the dangerous associated with drug use
c. employers with drug policies provide counseling and rehabilitation
d. employers with drug policies advise employees about the potential penalties for drug violations

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. It is highly advisable for employers to conduct performance appraisals and to maintain credible, written documentation of performance

b. Global performance ratings should be avoided, unless they are derived by combining ratings on more specific criteria

c. Employers should be cautious in deciding whether to used forced distribution methods of performance appraisal

d. Time spent in training, even outside normal work hours, will usually have to be compensated

e. Employers that have contracts with the federal government must create and maintain drug awareness programs for their employees

rug Free Workplace Act – Makes this a requirement.

2. Professor Jonathan has applied for promotion and tenure at a local university. He is
required to compile a portfolio, evidencing his accomplishments and qualifications. This
portfolio is then evaluated by his Departmental Promotion & Tenure Committee, consisting of tenured departmental members, who makes a recommendation to the Department Chair. The Chair makes a recommendation to the Dean, who then makes a recommendation to the University wide P & T Committee. The University Committee is made up of various faculty members from throughout the university, some of whom know Jonathan and some of whom don’t. This committee makes their recommendation to the Provost who in turn makes a recommendation to the University President. The process ends when the President makes a recommendation to the Board of Trustees. Jonathan’s portfolio travels from level to level and is reviewed prior to each recommendation. However, Jonathan is not permitted to address any of the decision makers during their review. Assuming that you can’t change the number or order of steps in the review process, what are some of the concerns that need to be addressed in order to keep this system free from discrimination or question?

CHAPTER 17
PRIVACY ON THE JOB
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Regarding public employees and privacy, which of the following is NOT true?
a. they are protected from unreasonable searches and seizures by the 4th Amendment
b. they have a reasonable expectation of privacy at work
c. warrants are not required for workplace searches
d. all of these are true

2. Under common law, four different types of privacy torts are recognized. They include all of these EXCEPT:
a. intrusion upon seclusion
b. public disclosure of private facts
c. placement in a fraud light
d. appropriation of name or likeness

3. The Privacy Act applies to:
a. all employees
b. all federal employees
c. private employees
d. all of these

4. Regarding the Employee Polygraph Protection Act (EPPA), which of the following statements is NOT true?
a. the Act prohibits most polygraph testing by private employers
b. polygraphs can be used for ongoing investigations of theft
c. in the case of an ongoing investigation, all employees must take the polygraph
d. all of these are true

5. If an employee is falsely accused of wrongdoing, and that accusation is communicated to others, the employee may:
a. have a cause of action for intrusion upon seclusion
b. have a cause of action for discrimination
c. have a cause of action for defamation
d. none of these

6. Match each term to its correct definition.

Reasonable expectation of privacy whether, under the circumstances, a reasonable person would expect to enjoy privacy
Public disclosure of private facts a privacy tort claim in which plaintiffs must show that private facts of their lives of no legitimate concern to the public were widely publicized in a highly offensive way
Privacy Act regulates the handling of personnel records by agencies of the federal government and allows federal employees access
Ordinary course of business routine business activities, performed for legitimate business purposes, about which employees are notified
Intentional infliction of
Emotional distress a common law tort claim in which claimant must show an intent to harm, shocking or outrageous behavior not tolerable in a civilized society, and severe emotional harm

CHAPTER 17
PRIVACY ON THE JOB: INFORMATION, MONITORING, AND INVESTIGATION
MULTIPLE CHOICE QUESTIONS

1. A department store clerk learns that her employer has placed a hidden video camera in the employee changing room. If she sues, the claim would most likely be for:
a. violation of her 4th Amendment right to be free from unreasonable search or seizure
b. intrusion upon seclusion
c. public disclosure of private facts
d. false imprisonment
e. appropriation of a name or likeness

2. Regarding surveillance and video monitoring of employees, it is correct to say all of the following EXCEPT:
a. before surveillance or video monitoring of employees can take place, a search warrant must be obtained
b. surveillance and video monitoring of employees can take place in all places open to public view, without the need for a search warrant
c. all employees, public and private, have some reasonable expectation of privacy at work
d. none of these is true

3. Which of the following is an element of an intrusion upon seclusion privacy tort claim?
a. one party intentionally pries into the private affairs of another
b. the broad disclosure of private information to others
c. the use of private information by others for their own benefit
d. all of the above
e. none of the above

4. Conduct that is “outrageous” is required to establish:
a. a privacy tort claim
b. infliction of emotional distress
c. false imprisonment
d. malicious prosecution
e. none of the above

5. The Privacy Act requires:
a. that covered employers adopt written workplace privacy policies
b. that employees be informed if they are subject to monitoring or surveillance in the workplace
c. that medical records must be kept confidential and separate from personnel files
d. all of the above
e. none of the above

6. In Dietz v. Finlay Fine Jewelry, a store clerk who gave an unauthorized discount to a customer was interrogated by security personnel. The court held that:
a. her false imprisonment claim was properly dismissed because the employer had proof that she gave the unauthorized discount
b. she could go to trial on her defamation claim because false, damaging accusations were made in the presence of others
c. she could go to trial on her malicious prosecution claim because the employer pressed criminal charges against her
d. she could go to trial on her infliction of emotional distress claim because she was very upset by the interrogator’s questioning of her
e. none of the above

7. Regarding the right to privacy:
a. employees have a 4th amendment right to be free from unreasonable searches and seizures of their workplaces
b. common law privacy protections apply to public, but not private employees
c. whether an employee has a reasonable expectation of privacy is determined on a case-by-case basis
d. constitutional rights to privacy apply to private, but not public employees

8. Employers may conduct hidden video surveillance of employees:
a. in bathrooms and locker rooms if the employer suspects drug use or other illegal activities
b. in private offices because the office is part of the employer’s property
c. in the company parking lot
d. all of the above
e. none of the above

9 Amanda is an employee at a high end department store in the HR department and has
been in her office all day. After a pair of diamond earrings are found missing from the
jewelry department, Mike, the store manager has every employee in the store brought
together pursuant to an investigation. Which of the following is true?
a. because the missing items are extremely small, Mike can order Amanda into a room to be strip searched by Hilda, the head of security
b. Mike can go through the contents of Amanda’s purse as long as he doesn’t touch her physically
c. Mike can search Amanda’s desk
d. all of the above
e. none of the above

10. Under the Employee Polygraph Protection Act:
a. employees have a right to review all questions before the test begins
b. employees can be disciplined or discharged for refusal to submit to a polygraph
c. employees cannot terminate a polygraph exam once it has begun if they have voluntarily consented to the exam
d. all of the above
e. none of the above

11. The Electronic Communications Privacy Act:
a. prohibits the intentional interception of electronic communications
b. prohibits the monitoring of computer use by employers
c. prohibits the accessing of stored e-mail messages by employers
d. all of the above
e. none of the above

12. In Stengart v Loving Care Agency, the employee used a company laptop to communicate with her lawyer by means of a web-based, password-protected personal email program. She left the firm, returned the laptop, and sued for discrimination. Forensic experts recovered her emails from the laptop for the company, and its attorneys used the emails in discovery, telling no one what they had found. Plaintiff’s attorney discovered this, and demanded that these privileged communications be returned, which was refused. The trial court found that Plaintiff had waived her attorney-client privilege. The appellate court reversed, finding that the employer’s lawyers were guilty of misconduct. The Supreme court ruled:
a. for the employer, because the employee had waived her right to attorney-client privilege because of the company’s privacy policy, and the use of the company laptop
b. for the employer because the employee was not permitted to send personal emails on company time
c. for the employee, because the company’s attorneys had acted improperly
d. for the employee, because she had not waived her right to attorney-client privilege, and the company privacy policy did not address the use of personal web-based email programs

13. Which of the following torts has as a required element of proof, an intent to harm.
a. intrusion upon seclusion
b. public disclosure of private facts
c. placement in a false light
d. intentional infliction of emotional distress

14. Which of the following torts has as a required element of proof, the matter is not of legitimate concern to the public.
a. intrusion upon seclusion
b. public disclosure of private facts
c. placement in a false light
d. intentional infliction of emotional distress

15. Which of the following laws mandates that medical information obtained from current employees must be job-related and consistent with business necessity?
a. The Privacy Act
b. The Americans with Disabilities Act
c. The National Labor Relations Act
d. The Occupational Safety and Health Act

16. Under the OSH Act, records of an employee’s exposure to toxins must be kept for:
a. 5 years
b. 10 years
c. 20 years
d. 30 years

17. HIPAA applies primarily to:
a. health care providers
b. hospitals receiving Medicare payments
c. self-insured companies
d. all firms contracting with the federal government
e. a and c
f. none of these

18. Regarding the monitoring and surveillance of employees, an employer could legally place video cameras in which of the following locations?
a. employee rest rooms
b. at an employee’s computer workstation
c. at the front entry to the office
d. none of these

19. Your boss has told you that he suspects that his wife (whose desk is next to yours) is cheating on him, and having an affair with another man. Because your desk is next to hers, he has asked you to check her computer for evidence of this when she steps away from her desk, which she frequently must do. In the past, she has asked you to watch for urgent emails from customers and others while she was gone, and to page her, which you have done. So even if she came back unexpectedly and found you at her computer, it would probably not arouse her suspicion. Although you are reluctant to do this, he is your boss, and could make things difficult for you. What should you do?
a. Do it even though you’re reluctant to do so. You have nothing to lose and everything to gain. If it turns out she is having an affair, he needs to know, and if there’s no evidence of it, he will be relieved – and grateful.
b. Don’t do it, even though your boss will may not understand. Tell him that if the situation were reversed, that is, if she was asking you to spy on him, you wouldn’t do that, either. Tell him that this is a private matter, between him and her. Hope that he understands.

20. Regarding employer searches of employees at the workplace, which of the following is true?
a. generally, employers may conduct searches of employee workplaces, although obtaining consent is best
b. all such searches should be conducted in a reasonable manner
c. evidence obtained through searches must be handled carefully
d. all of these are true

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers should adopt workplace privacy policies

b. Employers should generally allow employees access to their personnel files and obtain their consent before disclosing information about employees.

c. Searches should be no more extensive or intrusive than necessary

d. Interrogations of employees suspected of wrongdoing should be kept as brief as possible

e. Employers should carefully consider whether or how to use third parties in workplace investigations

f. Information about employee misconduct derived from investigations should be treated as confidential and shared only with those who have a legitimate need to know

2. Jordan has just graduated and has started a new job as an investment banker. After her conditional offer of employment, she took a company required medical exam and then when she applied for company life insurance coverage, she was required to take a second medical exam. Although she is currently an avid cyclist and very healthy, in the past she had experienced certain problems. In her freshman year, she suffered through a problem pregnancy and a resultant still birth. As a result, she underwent an involuntary hysterectomy to save her life. She was devastated that at 19 years old she would never be able to have a child and suffered from depression. She underwent intensive psychological counseling for six months and is currently very well adjusted and other than some regret, she has accepted her fate. Both her demeanor and appearance are both normal and fit. She is however, a very private person and is concerned that her personal information could become public. What would you tell her about the laws that protect her?

CHAPTER 18
TERMINATING INDIVIDUAL EMPLOYEES
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. The legal framework governing the termination of most private-sector non-union employees can best be described as:
a. employment at will
b. employment at will with exceptions
c. just cause, due process
d. none of these

2. The right of employers to terminate employees may be limited by which of the following?
a. employer policies
b. managers’ statements
c. handbook provisions
d. the right may be limited by all of these

3. Public policy would protect an employee fired for any of the following reasons EXCEPT:
a. an employee’s refusing to engage in illegal activity
b. an employee’s exercising a legal right
c. an employee’s reporting of illegal activity
d. an employee’s refusing to work overtime

4. The just cause/due process standard applies to:
a. public sector employees
b. most unionized employees
c. employees residing in Montana
d. all of these are true
e. a and b only

5. The human resource decision most likely to result in legal action is:
a. failure to hire
b. demotion
c. termination
d. none of these

6. Match each term to its correct definition.

Employment at will an employment relationship in which either party may sever the employment relationship at any time, for any reason not specifically prohibited by law
Constructive discharge an employer creates intolerable working conditions with the intention of forcing an employee to quit
Public policy exception an exception that allows an arbitrator’s decision to be overturned if it is contrary to a well-defined public policy
Performing a public duty actions taken in the public interest, though not specifically required
Progressive discipline a system in which successive violations earn increasingly more severe discipline

CHAPTER 18
TERMINATING INDIVIDUAL EMPLOYEES
MULTIPLE CHOICE QUESTIONS

1. In Dillon v. Champion Jogbra, Dillon claimed a wrongful discharge maintaining that
modifications of the employee manual created an implied contract negating the
employer’s claim that she was an at-will employee. The court said:
a. when the terms of a manual are ambiguous…or send mixed messages regarding an employee’s status, the question of whether the presumptive at-will status has been modified results in a presumption in favor of the employer
b. when the terms of a manual are ambiguous…or send mixed messages regarding an employee’s status, the question of whether the presumptive at-will status has been modified results in a presumption in favor of the employee
c. an employer may modify an at-will employment agreement unilaterally
d. an employer may only modify an at-will employment agreement bilaterally in agreement with the employee

2. Which of the following is a circumstance under which the public policy exception to employment at will is recognized?
a. termination for reporting illegal activity
b. termination for refusing to commit an illegal act
c. termination for exercising a legal right
d. all of the above
e. none of the above

3. Just cause is required for the discipline or discharge of unionized employees because:
a. the Constitution requires it
b. labor agreements require it
c. the National Labor Relations Act requires it
d. arbitrators prefer the just cause standard to employment at will
e. none of the above

4. The Montana Wrongful Discharge from Employment Act (WDEA):
a. requires the arbitration of all wrongful discharge claims
b. prohibits discharges that are not for good cause
c. requires that employers provide due process before discharging employees
d. all of the above
e. none of the above

5. The legal environment for public employees differs from private sector employment because public employees:
a. are covered by civil service laws
b. generally enjoy a property interest in their jobs
c. have speech and other substantive constitutional rights
d. all of the above
e. none of the above

6. An employment manual contains a notice and disclaimer that the employment is entirely “at will,” and also contains a progressive discipline system which recites an escalating series of notices and warnings before termination. If an employee is terminated immediately, and the progressive discipline system is not followed:
a. the termination is justified because the manual contains an “employment at will” disclaimer
b. the termination is not subject to legal redress because the manual contains an “employment at will” disclaimer, so the employer had a right to terminate employment without conditions
c. the termination is suspect because the progressive discipline system was not followed
d. the termination is suspect because the employment manual is ambiguous
e. two of the above

7. In a constructive discharge:
a. the employer provides feedback on performance problems that will help the employee in a future job
b. a quit is treated as a termination because circumstances forced the employee to leave
c. the employee will be able to sue for the tort of constructive discharge
d. the employee is fired after the employer has built or constructed a prima facie case for the employee’s dismissal

8. Which of the following is generally required to establish just cause for a termination?
a. due process
b. proof that a known rule was violated
c. consistent enforcement of the relevant rule or standard
d. all of the above
e. none of the above

9. Which of the following is required for a successful implied contract wrongful discharge claim?
a. a written contract signed by both the employer and the employee
b. a specific oral promise limiting employment at will
c. a clear and prominent written disclaimer
d. all of the above
e. none of the above

10. Over lunch, a manager at Microsoft says to another manager, “You know, just between you and me, it might not have been the worst thing in the world if the court had ordered the company to break-up. We really are too big.” The comment was overheard by another employee at the next table and passed on to higher-level managers. If the manager is fired for making the statement and she sues Microsoft, a court would most likely rule:
a. For the employee because she would be covered under whistleblower protection laws
b. For the employee because the company would be violating her First Amendment right of free speech
c. For the employee because her speech constituted protected concerted activity under the National Labor Relations Act
d. For the employer because her statements showed disloyalty to the company, for which she could lawfully be terminated
e. For the employer because she is employed at will and none of the exceptions to employment at will apply in this case

11. Due process includes:
a. a clear statement of charges by the employer
b. an opportunity for the employee to respond to those charges
c. an investigation into the facts of the case
d. all of the above
e. none of the above

12. Regarding the termination of individual employees, it is NOT correct to say that:
a. the rights of the employee will depend upon whether she works in the private sector or the public sector
b employers can effective avoid the legal consequences of termination by effectively (but not officially) discharging employees
c. the rights of the employee will depend upon whether he works in a facility that is unionized
d. the employer must follow the procedure for termination set down in the employee handbook

13. A salesperson makes a large sale for which she is entitled to a commission. To avoid making the payment, the employer terminates the employee. The legal claim that best applies to this termination is:
a. breach of the covenant of good faith and fair dealing
b. promissory estoppel
c. intentional interference with a contractual relationship
d. implied contract
e. infliction of emotional distress

14. Among the factors considered by the courts in determining whether a quit was actually a constructive discharge are all of these EXCEPT:
a. demotions
b. reductions in job responsibilities
c. reassignment to greater responsibility
d. badgering
e. reassignment to work under a younger supervisor
Answer: C

15. After a troublesome time with a new manager, an employee who had always had highly positive reviews returned from vacation to find that her desk had been cleared out, all of her belongings were in boxes, and her office was being used for storage. While she was on vacation, her new supervisor had called, asking where certain documents were located. When he found the employee’s answer unsatisfactory, the supervisor said, “Well, this is the last straw.” What is the best assessment of this situation?
a. the employee has suffered discrimination
b. the employee has suffered a constructive discharge
c. the employee has quit
d. none of these

16. A veteran teacher was told by a school superintendent that he would recommend that the school district not renew her contract at the end of the school year. Rather than contest the recommendation, the school teacher retired. What is the best assessment of this situation?
a. the employee has suffered discrimination
b. the employee has suffered a constructive discharge
c. the employee has quit
d. none of these

17. You are the HR Manager for your company. One of your employees has been actively involved in demonstrations at City Hall, protesting the city’s refusal to adopt any environmentally-friendly ordinances or practices. While at these protests, he is often wearing a company T-shirt, and you are concerned that news reports of the demonstrations will lead people to conclude that your company is protesting the city’s environmental policies, something which your Board of Directors has not authorized. You should:
a. give the employee a “warning,” the firs step in your employee handbook’s progressive discipline process, warning him that he must stop protesting
b. tell the employee that you do not approve of his conduct, and that it will be taken into account when he comes up for a raise of promotion
c. ask the employee to wear some other shirt while protesting, so that people don’t think your company is also protesting
d. terminate the employee
e. a and b

18. You have just been hired as the new HR Director of your firm, and have received a complaint and summons served by the sheriff, relaying the lawsuit filed by a former employee. As you read through the complaint, you can see that the employee himself wrote it (and not a lawyer), but think you recognize what your predecessor did wrong. It was this:
a. The employee alleges that he was offered a month’s severance pay in exchange for a release of claims against the company.
b. The employee alleges he was never told why he was being fired, and thinks it was because he is Irish. He claims discrimination based on national origin.
c. The employee alleges he was only given 2 hours to clean out his desk, while a security guard watched.
d. The employee alleges he was called into the HR manager’s office 4 times over the past 6 months, and given warnings that he was not performing satisfactorily. He alleges that this constitutes harassment.

19. An employee of a family-owned car dealership suffered an injury while lifting computer equipment on the job. The employee reported the injury to the HR department, and sought worker’s compensation benefits. The owner of the car dealership was convinced that the injury was actually incurred in a stockcar accident, and told a supervisor to get the employee to sign a form waiving his right to receive worker’s compensation for the injury. The supervisor (a brother of the owner) was told that if he didn’t get the employee (who happened also to be his son) to sign the waiver, both of them would be fired. A waiver was never signed, and both employees were terminated. They sued. All of the following are most likely true, EXCEPT:
a. The employee who was injured is exercising a legal right, and may not legally be terminated for doing so, based on the public policy exception to employment at will.
b. The employee who was asked to get a signed release for an on-the-job injury is refusing to perform an illegal act, and may not legally be terminated for doing so, based on the public policy exception to employment at will.
c. The owner of the car dealership is within his rights to try to reduce the costs to his company by whatever means he can.
d. The owner’s dinner table this Thanksgiving will likely be missing the owner’s brother and nephew.
e. all of these are true

20. This occurs when a party takes action in reliance on the promise of another, who then breaks that promise.
a. promissory estoppel
b. intentional interference with a contractual relationship
c. retaliation for an act supporting public policy
d. none of these

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Resignations should be documented in written resignation agreements that stipulate the voluntary nature of the resignation

b. Terminated employees should be provided with a clear and succinct statement of the reasons for their termination

c. Discipline should be administered in a consistent fashion

d. Unionized employers must communicate any significant changes in rules to employees and their union before enforcing those new rules.

e. Prior to termination, public employers must provide employees with notice of the charges against them, an explanation of the evidence, and an opportunity to respond.

f. Employers should incorporate disclaimers into employee handbooks and other documents defining the employment relationship

2. You are the Director of Human Resources for a medium sized company private company and have discharged Aimee, a 25 year old black at-will employee for poor work, constant tardiness, and taking longer breaks than authorized by company policy. She is not well liked by her fellow workers and her work is indeed slightly below satisfactory levels. Company files evidence numerous sub-standard reviews and that her conduct persisted despite numerous written warnings. You are confident that the company has proper cause to terminate Aimee whether she was at-will or not. When you call her into your office to notify her of her termination, she gets very indignant saying that her work is fine and that she’s not the only one late or abusive of break periods. She then asserts that she’s being singled out because of her sex and her race. She asks about severance pay and you notify her that there will not be any. Aimee then informs you that she is going to sue the company for wrongful termination based on discrimination and for severance pay. The company does not want Aimee to work there any more under any circumstances but does not want the cost or publicity that a law suit would bring. What would you suggest to possibly abate the law suit?

CHAPTER 19
DOWNSIZING AND POSTTERMINATION ISSUES
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Which of the following is generally true?
a. employers may go out of business
b. employers may close facilities
c. employers may reduce the number of people they employ
d. all of these are true

2. Generally, which of the following is/are true? The Worker Adjustment and Retraining Notification (WARN) Act:
a. prohibits large employers from ordering plant closings
b. prohibits large employers from ordering mass layoffs without a 60 day notice
c. prohibits large employers from closing facilities
d. all of these are true

3. Downsizing and Reduction in Force cases typically result in claims of:
a. race discrimination
b. age discrimination
c. sex discrimination
d. none of these

4. Employees who quit their jobs are:
a. eligible for unemployment insurance
b. not eligible for unemployment insurance
c. entitled to help in finding another job
d. all of these are true

5. Employers sometimes use which of the following means to control a former employee’s actions?
a. a non-competition agreement
b. lawsuits against former employees for divulging trade secrets
c. lawsuits against former employees for defamation
d. all of these

6. Match each term to its correct definition.

availability for work a requirement for receiving unemployment insurance
downsizing terminations of employment based on the employer’s determination that the number of positions needs to be reduced
plant closing Under the WARN Act, a shutdown of a single site of employment for 30 days for 50 full time employees
mass layoff Under the WARN Act, a reduction in force not caused by a plant closing for 30 days for 500 employees or 1/3 of the workforce, if 50 or more
unemployment insurance insurance intended to partially replace lost earnings for those who have been in the workforce

CHAPTER 19
DOWNSIZING, UNEMPLOYMENT INSURANCE, AND OTHER POSTTERMINATION ISSUES

MULTIPLE CHOICE QUESTIONS

1. Which of the following is true of a trade secret?
a. it derives economic value from not being known to others
b. the owner must take steps to preserve its secrecy
c. it must be registered with the government
d. a and b
e. all of the above

2. In Roquet v. Arthur Anderson, the plaintiffs sued for an alleged violation of the WARN Act’s notification provisions. Arthur Anderson defended by saying that they should not be held to the 60 day requirement because of the particular business circumstances in this case. The court said that:
a. the 60 notice obligation is eliminated if the layoff is caused by business circumstances that were not probably foreseeable
b. the 60 notice obligation is eliminated if the layoff is caused by business circumstances that were not reasonably foreseeable
c. the moment the Department of Justice informed the defendant that they were considering an indictment, the defendant had the obligation to notify its employees of the inevitable layoffs
d. when a company’s felonious misconduct is the cause of its financial difficulties, this negates the exception to the WARN notification requirements, and the company cannot claim that they were trying to avoid layoffs or “fighting to stay afloat”

3. Non-competition agreements:
a. are almost always enforced by the courts
b. will be enforced unless former employees can show that the agreements are overly broad
c. will not be enforced unless the former employer can show that they are no more restrictive than necessary
d. are less commonly used now than in the past
e. none of the above

4. Which of the following is a type of restrictive covenant?
a. non-competition agreement
b. non-solicitation agreement
c. all of the above
d. none of the above

5. To be eligible for unemployment insurance:
a. the employee must be involuntarily unemployed
b. the employee must be willing to perform any work that is offered
c. the employee must be available to work within 90 days of becoming unemployed
d. all of the above
e. none of the above

6. Imagine that you are the judge hearing a Motion for Summary Judgment. The case before you concerns the former Vice-President of Marketing at May Department stores, who has recently been hired by Victoria’s Secret. May Department stores has sued to enforce the non-competition agreement in which the VP agreed not to work for firms competing directly against May Department store. Both parties agree that both stores sell women’s intimate apparel, but to different ages of women, and to different customer bases. They also agree that about 8% of May’s business is women’s intimate apparel, while 98% of Victoria’s business is women’s intimate apparel. What should you decide?
a. even though both companies sell women’s intimate apparel, there is no meaningful or material competition between them
b. when both companies sell the same category of products, in determining whether the companies are in competition, the sale of the products is important, not the percentages of overall sales of the product
c. when both companies sell the same category of products, the fact that they both sell these products to women is important in determining whether the companies are in competition, not the ages of the women, nor the typical customer base

7. Legal issues concerning downsizing include:
a. the decision to downsize
b. the manner in which downsizing is implemented
c. prior notification of downsizing
d. the decision about which individuals to downsize
e. all of these
f. none of these

8. Changes in benefit plans are under “serious consideration” when:
a. top managers meet to discuss implementation of a specific plan
b. the employer has firmly committed to offering the revised benefit plan
c. information has been gathered regarding alternative plan options
d. all of the above
e. none of the above

9. Which of the following employees is most likely eligible for unemployment insurance?
a. Joe is fired for continually refusing to wear a hard hat in a restricted area in violation of company policy
b. Kathy quits her job because of a pervasive and continuing hostile environment
c. Mike quits his job as an English professor because he’s insulted that a new hire in Management is getting a higher salary than he does
d. all of the above
e. none of the above

10. Under the WARN Act:
a. large employers are prohibited from closing plants or laying employees off for the purpose of defeating unionization
b. large employers must give their employees three months (90 days) advance notice of plant closings and mass layoffs
c. large employers must provide outplacement services to employees affected by plant closings and mass layoffs
d. all of the above
e. none of the above

11. An employer decides to downsize to cut costs. It plans to eliminate 100 jobs out of 250 total jobs. The employer notifies the employees’ union representative on May 15. The layoffs will be effective May 30. If the employer’s action is legally challenged, a court would most likely decide:
a. For the employer because it is not large enough to be covered under the WARN Act
b. For the employer because there is no plant closing or mass layoff that would trigger the WARN Act’s requirements
c. For the employees because they did not receive individual notification as required by the WARN Act
d. For the employees because they did not receive the amount of advance notice of a mass layoff required by the WARN Act
e. For the employees because they did not receive severance pay as required by the WARN Act

12. An employer who closes the business rather than deal with the union his employees have formed:
a. does not violate the National Labor Relations Act
b. violates the National Labor Relations Act if it can be proven that the motive was hostility toward unionization
c. must bargain in good faith with the union before deciding to go out of business
d. is required under the WARN Act to give the employees 60 days notice

13. A 55 year old supervisor who has always received good performance appraisals is downsized. Two younger (42 and 45 year old) supervisors from the same department, whose performance had been rated lower, were nonetheless retained. The employer says that it had to save money and that the older supervisor earned considerably more money (he did). If the termination is legally challenged, a court would most likely decide:
a. For the employer because employee could not establish a prima facie case of age discrimination under the ADEA
b. For the employer because the employees retained were also over 40 years of age
c. For the employer because it had a lawful, non-discriminatory motive for the termination
d. For the employee because the employer has engaged in disparate treatment based on age
e. For the employee because salary level is a neutral criterion that creates adverse impact against older employees

14. Which of the following laws has the most exacting requirements for a valid separation agreement?
a. The Age Discrimination in Employment Act
b. Title VII
c. The Older Workers Benefit Protection Act
d. The Americans with Disabilities Act

15. In Cotter v. Boeing, a 52 year old employee with 34 years on the job was downsized during a RIF. On a new performance scale prepared for the RIF, the one item at which she excelled was eliminated, and she scored badly, compared to a younger worker with less experience. The younger worker was retained. Earlier that same year, her supervisor had rated her as “doing a great job.” She sued under the ADEA, and the trial court entered Summary Judgment against her. On appeal, the court ruled:
a. for the employer, because the employee scored poorly on the performance scale
b. for the employer, because the employee had not conclusively proven that she was terminated because of her age
c. for the employee because she had proven age discrimination in her termination
d. for the employee, because she had raised material questions of fact, so that summary judgment was reversed, and the case remanded for trial

16. Regarding early retirement incentives, all of the following are true EXCEPT:
a. early retirement incentives are discriminatory if based on age
b. early retirement incentives may be offered to employees above a certain age, for example, age 55, but not, for example, also to those between 40 and 45
c. early retirement incentives are a legal way to reduce the workforce
d. early retirement incentive may be used to reduce the number of highly-paid employees

17. Regarding the bankruptcy filing of an employer, which of the following statements is NOT true?
a. employees are secured creditors
b. employees are unsecured creditors
c. employees as creditors stand high in priority in a Chapter 11 bankruptcy filing
d. none of these is true

18. With regard to unemployment insurance, which of the following statements is true?
a. only workers who have been fired are eligible for unemployment insurance
b. only workers who quit are eligible for unemployment insurance
c. only workers who are involuntarily terminated are eligible for unemployment insurance
d. employers should routinely context all claims for unemployment insurance

19. Because of the worsening economic situation, your firm needs to drastically cut back, and downsize up to 40% of its workers. The firm has a reputation and tradition of being a firm that rewards the good skills and loyalty of its workers, and many have been with your firm for more than 30 years. The firm has been in your family for more than 100 years, and you are the 3rd generation CEO. Frankly, what would help the most is to lay off all of those workers who are earning in excess of $80,000/year, retaining those who are earning between $40,000 and $50,000/year. That would reduce your overhead dramatically (and your health insurance costs). But almost all of the workers who earn in excess of $80,000 are age 50 or over, and unlikely to ever find comparable jobs elsewhere. Which of the following options would be consistent with your firm’s core values and its long-term survival?
a. downsize all workers making in excess of $80,000/year; since salary is the only consideration, the action is legal
b. offer significant early retirement packages in exchange for a waiver of claims to workers earning in excess of $80,000/year; it may cost you in the short term, but it is consistent with your family’s legacy and the firm’s core values, and ultimately will help the firm’s long-term survival
c. do a targeted review of the skill sets of all employees, including those earning less than $80,000/year, to determine where there is an overlap and you can afford to let people go without damaging the firm’s knowledge and skill base; downsize the people who are earning the most in each skill set, whatever their ages
d. either b or c might be consistent with your core values and long-term survival

20. Regarding restrictive covenants, which of the following statements is NOT correct?
a. restrictive covenants help protect an employer’s business assets
b. restrictive covenants are upheld only for top level managers and CEOs
c. restrictive covenants attempt to curtain many types of competitive conduct
d. all of these are true

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Before outsourcing or relocating work to another plant, unionized employers must negotiate with their employees’ unions

b. Employers should have clear, objective criteria for deciding which employees to downsize

c. Whenever possible, employers should offer employees selected for downsizing the opportunity to transfer to other facilities.

d. Employers should be careful when executing waivers of legal claims in exchange for early retirement offers.

2. On occasion, disgruntled former and current employees use various means to level criticism against, or create embarrassment, with regard to their former or current employer. Employers in turn will file law suits to stop the employee’s communications. What effect do these employer lawsuits have?

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Chapters 1 Through 7

CHAPTER 1

OVERVIEW OF EMPLOYMENT LAW
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. U.S. employment law is:
a. a complete body of federal law
b. a complete body of federal and state law
c. a fragmented work in progress
d. a fragmented body of common law

2. The best HR managers will:
a. be proactive
b. anticipate legal problems and try to avoid them
c. strictly enforce company policy when it conflicts with the law
d. a and b only
e. a through c

3. Sources of employment law include:
a. state and federal constitutions
b. state but not federal constitutions
c. executive orders
d. regulations
e. all of the above
f. a, c and d

4. The Employment at Will Doctrine means that:
a. an employer may fire an employee for any reason not prohibited by law
b. an employer may fire an employee only for cause
c. an employer may not fire an employee
d. none of these

5. The Employment at Will Doctrine is:
a. the starting point for any analysis of an employment issue
b. the rule, unless the parties have an employment contract
c. the rule, unless the parties have signed a collective bargaining agreement
d. all of the above

6. Employment law gives employees certain substantive rights. Among these are:
a. the right not to be fired except for cause
b. the right to vacation time and sick days
c. the right to an employer paid health insurance plan
d. none of these

7. In order to determine which employment laws apply to a certain business, one needs to consider:
a. the geographic location of the business
b. whether the business is public or private
c. how many employees the business has
d. all of these
e. two of these

8. An employee about to bring a claim for a violation of employment law must consider:
a. whether she has the right to bring a private cause of action
b. whether formal notice must be given before a claim can be made
c. whether the employee has worked for the employer for at least one year
d. all of these
e. a and b only

9. Tri-State Computers, Inc. decided to institute a mandatory arbitration agreement policy, so posted notice of the policy on its company website for all of the employees to see. The policy, as described is:
a. enforceable
b. unenforceable

10. The role of Human Resource managers in compliance with legal requirements regarding employment law includes:
a. recognizing and analyzing employment law issues
b. taking action to avoid or prevent employment disputes
c. enforcing legal requirements governing employment law
d. all of these
e. two of these

CHAPTER 1
OVERVIEW OF EMPLOYMENT LAW

MULTIPLE CHOICE QUESTIONS

1. William, aged 59, has been employed by your firm for more than 26 years, and has continually received above-average evaluations. Just before his 27th anniversary with the firm, you are ordered by your superior, the HR Manager, to tell him that his employment with the firm is terminated immediately. Given the facts, as presented, the issues most likely to be raised are:
a. legal
b. ethical
c. medical
d. contract
e. none of these

2. Under U.S. employment laws, employees have the right to:
a. not be fired, as long as they do a good job and the employer’s financial condition does not require that employment levels be cut
b. be treated fairly in all aspects of the workplace, including receiving fair compensation
c. have health insurance and other basic benefits, provided that they are full-time employees
d. all of the above
e. none of the above

3. In order to determine which employment laws apply to a certain employer, the employer should consider which of the following factors?
a. the number of employees that work for the company
b. whether the employer sells goods or services to the federal government
c. the state(s) in which the employer operates
d. all of the above
e. none of the above

4. Regarding the historical development of employment law in the U.S., which of the following statements is true?
a. Most federal employment laws were passed in the first half of the 19th century in response to growing industrialization
b. The earliest employment laws focused on wages and hours
c. Most employment laws were passed with little conflict, since the need for these laws was evident to employers, employees and legislators.
d. The importance of employment at will has increased over time.
e. None of the above.

5. Which of the following is generally true regarding the process of enforcing employment laws?
a. courts and government agencies hear cases only after employees come forward with complaints about violations of the law
b. employees are very likely to seize the opportunity to sue their employers, because all of the cost of employment litigation is borne by the employer
c. once a claim is brought, a company’s attorneys deal with it, and managers have little involvement in the case
d. all of the above
e. none of the above

6. In Nino v The Jewelry Exchange, plaintiff bank employee sued alleging discrimination, and his employer sought to dismiss the suit, stating that the employee had signed a mandatory arbitration agreement, so that the suit should go to arbitration. The employee responded that the mandatory arbitration agreement he had signed was unconscionable, and therefore, unenforceable. Among other things, the employee alleged that the arbitration agreement was unconscionable because gave him only 5 days to make a demand for arbitration. The court ruled:
a. for the Plaintiff employee, because the agreement was both procedurally and substantively unconscionable.
b. for the Plaintiff employee, because the arbitration agreement was procedurally unconscionable.
c. for the Defendant employer, because none of the provisions of the arbitration agreement was unconscionable.
d. for the Defendant employer because the unconscionable parts of the arbitration agreement could be stricken, and the arbitration could proceed.

7. Under the “payroll method” approved by the U.S. Supreme Court:
a. employers whose payrolls exceed $500,000 annually are covered by Title VII
b. employers are covered by Title VII if they had at least 20 employees on the payroll at the time of the alleged discrimination
c. employers are covered by Title VII if they had at least 15 employees working and being paid for each working day during at least 20 weeks in the same or the preceding year
d. employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked.
e. none of the above

8. Which of the following statements is true of arbitration?
a. historically, arbitration has been used to resolve disputes over contractual rights
b. arbitrators’ decisions are usually advisory and not considered final
c. arbitrators have less control over the outcomes of disputes than do mediators.
d. arbitration is always more costly and time-consuming than litigation
e. none of these

9. Regarding the interrelationship of federal and state employment laws:
a. state laws must be identical to federal law or the state law is void
b. states may pass laws which reduce employee rights, but may not enact laws that expand employee protections granted in federal laws
c. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws
d. employment law is exclusively a federal domain, so states may not enact laws when federal law already exists

10. In Wal-Mart Stores v Dukes, Plaintiffs, all female employees, sued alleging discrimination in pay and promotions based on gender, and sought to represent a class of about 1 ½ million female employees, past and present. The case was certified as a class action, and Wal-Mart appealed, alleging that the certification did not comply with the Federal Rules of Civil Procedure in that the claimants had not suffered the same injury, and the claims did not have questions of law and fact in common. The court ruled:
a. for the Plaintiff employees, because they had all suffered the same injury – a violation of Title VII
b. for the Plaintiff employees, because Wal-Mart was guilty of a pattern or practice of discrimination based on its corporate culture
c. for Wal-Mart, because a lawsuit with 1.5 million plaintiffs was simply unwieldy
d. for Wal-Mart, because the claims did not have common questions of law and fact

11. In EEOC v Fed Ex, the EEOC sued Fed Ex on behalf of a deaf employee who was denied reasonable accommodation under the Americans with Disabilities Act (ADA) over a two year period. The court found for EEOC, and entered judgment for compensatory and punitive damages. Fed Ex appealed, in part based on the award of punitive damages, contending, among other things, that Fed Ex had made a good-faith effort to comply with the law. In particular, Fed Ex offered evidence of its ADA compliance policy set forth in the employee manual. The court ruled:
a. the establishment of an ADA compliance policy was sufficient to establish a good faith effort to comply with the ADA
b. the establishment of an ADA compliance policy was not sufficient by itself to establish a good faith effort to comply, in the absence of any affirmative steps to ensure the implementation of its policy
c. a good faith effort was not required
d. none of these

12. Which of the following is true regarding enforcement of employee rights and enforcement of employment laws?
a. finding a lawyer willing to take an employment law case is difficult because lawyers accept only about 50% of employment discrimination cases brought to them
b. if an employer has a complaint or grievance procedure, the employee is required to exhaust the remedies afforded under the internal procedure before taking the case to an enforcement agency or court
c. the EEOC encourages the parties to discrimination cases to use mediation
d. the EEOC encourages the parties to discrimination cases to use arbitration

13. An employer considering whether to use mandatory arbitration agreements should recognize which of the following limitations of their use?
a. the agreements probably won’t apply to any of its unionized employees
b. the agreements will not deter the EEOC from investigating and possibly litigating to recover remedies for individuals
c. the agreements may not be enforceable if they do not provide employees with the same remedies as those available through the courts
d. all of the above
e. none of the above

14. Which of the following is true of the enforcement process for discrimination charges brought under Title VII?
a. the plaintiff may choose to begin in the state civil rights agency, or may file directly with the EEOC as they wish
b. charges must be brought within 60 days of the alleged discriminatory act
c. a right to sue letter must be obtained from the EEOC before going to court
d. all of the above
e. none of the above

15. A mandatory arbitration agreement which provides that all claims be brought within 90 days of the date of the alleged violation would likely be:
a. enforceable
b. unenforceable
c. subject to amendment by the court

16. Dean got a job as a copyrighter for a publishing firm, and after working for the firm for two years, was told he was required to sign a mandatory arbitration agreement, submitting any employment disputes to binding arbitration, and that if he would not sign it as is, he would be fired. Dean:
a. will have to sign the agreement if he wants to keep his job
b. does not have to sign the agreement, and can still keep his job

17. The contract referred to in Question #16 above is:
a. procedurally unconscionable
b. substantively unconscionable
c. neither of these
d. both of these

18. Which of the following provisions, if included in a mandatory arbitration agreement, would be likely to render it unenforceable?
a. a provision that the employee pay the costs of the arbitrator’s services
b. a provision that gives the employer the right to choose any arbitrator
c. a provision that bars all discovery
d. a provision that requires the employee to prove his case
e. all of these
f. all of these except d

19. As the Human Resources manager of your firm, the task of putting into effect the firm’s new mandatory arbitration agreement has fallen to you. At a minimum, legally, which of the following actions are required to make the policy enforceable?
a. send email notice to all employees that a mandatory arbitration policy has been adopted
b. post the mandatory arbitration policy on the firm’s website, and ask employees to visit the site and review the policy
c. provide employees with a copy of the agreement, and ask them to sign it
d. make certain that the agreement provides, and the employees understand, that they are waiving their rights to sue
e. all of these are legally required
f. none of these are legally required
g. only c and d are legally required

20. Your firm has just gotten a contract with the U.S. government to build security gates for the new fence along the U.S.-Mexican border. In addition to the employment laws which already apply to your business, the following will now also apply:
a. Title IX
b. the Federal Security Fence Funding Act of 2008
c. EO # 11246
d. all of these
e. none of these

ESSAY QUESTIONS

1. Employment law arises from a variety of sources. Name and briefly discuss each of them.

2. Describe what the role of a good human resources manager should be in managing employment law issues.

CHAPTER 2
OVERVIEW OF EMPLOYMENT LAW
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. If an employment relationship exists, an employer must do this for its employee:
a. withhold income taxes from wages
b. provide workers’ compensation insurance
c. provide unemployment insurance
d. all of these

2. Who has the burden of proving the status of a hired worker whose status as either employee or independent contractor is disputed?
a. the hiring party
b. the worker hired
c. the agency before which the disputed case is pending
d. the judge presiding over the case in court
e. none of these

3. Of the following, which is considered in determining whether someone is an independent contractor or an employee?
a. who has the right to control how and where the work is done
b. does the worker work for one firm or many
c. who supplies necessary tools and supplies
d. whether benefits are provided to the worker
e. all of these
f. only a thru c

4. Which of the following statements is true?
a. an employer may be held liable for the actions of its employees outside the scope of employment
b. an employer may not be held liable for the actions of its employees outside the scope of employment
c. employers may limit their liability for the actions of its employees pursuant to contract
d. none of these

5. Which one of these is different from all the others?
a. independent contractor
b. employee
c. temp worker
d. partner
e. volunteer
f. students
g. interns

6. Match each term to its correct definition.
[c] 1. employee
[b] 2. employer
[e] 3. independent contractor
[a] 4. right of control
[f] 5. scope of employment

a. how the IRS distinguishes employees from independent contractors
b. one who hires another to work for him and directs the work
c. one who works regularly for an employer and is directed by the employer
d. principal and agent
e. one with his own business who offers his services to others
f. all of the services an employee performs for his employer are within this
g. agency

CHAPTER 2

THE EMPLOYMENT RELATIONSHIP

MULTIPLE CHOICE QUESTIONS

1. Distinguishing between employees and independent contractors is important because:
a. income tax must be withheld for employees, but not independent contractors
b. employers have fewer legal obligations to independent contractors
c. employers can defend their actions under employment laws by proving that persons performing work are independent contractors
d. all of the above
e. none of the above

2. Under the economic realities test:
a. if the hired party depends on the job for the majority of her income, that favors the conclusion that she is an employee
b. if the hired party performs tasks that are central to the hiring party’s business, that favors the conclusion that she is an independent contractor
c. if the hired party performs low-skilled work, that favors the conclusion that she is an independent contractor
d. if the hired party provides her own tools and materials, that favors the conclusion that she is an independent contractor
e. all of the above

3. In Narayan v EGL, Inc., the plaintiffs were drivers hired in California by a Texas firm, which had them sign independent contractor agreements under Texas law. They sued, contending they were employees, entitled to overtime pay and other benefits, and summary judgment was entered against them because of the independent contractor agreement. They appealed, and on appeal, the court ruled:
a. that they were independent contractors, because they signed the independent contractor agreement
b. that they were employees, because Texas law did not apply in California
c. that summary judgment was vacated, and the case remanded for trial, since a jury could determine from the evidence that they were employees
d. none of these

4. Which of the following is true of the common law test?
a. it is especially useful for distinguishing partners from employees
b. it focuses on the right of control
c. it focuses on the hired party’s ability to sell his services to a variety of hiring parties
d. it is especially useful for determining whether individuals should be covered as family members under benefit plans
e. none of the above

5. If a worker is an employee, the employer must:
a. withhold income taxes
b. pay the employer’s share of Social Security and Medicare taxes
c. pay the employee’s share of Social Security and Medicare taxes
d. all of these
e. a and b only

6. Which of the following is an accurate statement regarding independent contractor agreements?
a. they will usually be treated as indicators of independent contractor status, provided that they are signed and notarized
b. they are useless as indicators of independent contractor status
c. they can be renewed automatically and as often as necessary
d. they can support a claim to independent contractor status, but the actual relationship is the most important factor
e. a and c

7. The primary lesson to be learned from the lawsuit brought by Microsoft’s temporary workers in the 1990s is that:
a. it is safest legally to hire temp workers through a temporary staffing agency
b. employers must provide benefits to all of their employees
c. companies that use temp workers will often be deemed joint employers of those workers
d. employers cannot arbitrarily exclude some employees from benefit plans by labeling them as temporary workers
e. none of the above

8. If a worker is an employee, the employer must:
a. provide worker’s compensation coverage for the employee
b. provide unemployment insurance for the employee
c. provide health insurance for the employee
d. all of the above
e. a and b only

9. Persons performing volunteer work are more likely to be deemed employees if:
a. their services are provided to non-profit agencies
b. they receive significant remuneration for their services
c. they retain control over their volunteer work schedule
d. all of the above
e. none of the above

10. A company has one office with nine employees and a second office with 12 employees. If an employee who works in the first office is harassed and attempts to sue under Title VII, which of the following questions becomes a relevant issue:
a. whether this is a single, integrated enterprise
b. whether these are joint employers
c. whether the multi-employer doctrine applies
d. whether the joint payroll method applies
e. whether Title VII applies extraterritorially

11. Which of the following statements regarding managers is most correct?
a. under most employment laws, managers are not deemed to be protected employees
b. managers are usually not individually liable when they violate employees’ rights
c. employers are liable for the actions of managers taken within the scope of their employment
d. a and c
e. none of the above

12. Employers may be liable for the actions of their employees within the scope of employment. With regard to the actions of employees outside the scope of employment, which of the following statements is true?
a. An employer can never be liable for the actions of its employee outside the scope of employment.
b. An employer is always liable for the actions of its employee outside the scope of employment.
c. An employer might be liable for the actions of its employee outside the scope of employment if the employer was negligent or reckless in allowing it to occur, or for other reasons.
d. None of these is true

13. You started your own business 2 years ago, and needed several part-time workers, but did not want and could not afford to pay them a minimum wage, or payroll taxes, so you classified them as independent contractors. At the time, a decent argument could be made that they were independent contractors, as there had been no rulings on your particular arrangement. Recently, for a business very similar to yours, the Department of Labor ruled that the workers of the business were employees, and not independent contractors. What should you do?
a. nothing, unless the Department of Labor challenges your arrangement
b. nothing, unless one of the workers complains
c. have all of the workers sign independent contractor agreements immediately
d. begin to treat them as employees, including paying a minimum wage, and withholding income taxes

14. The main reason employers would rather hire independent contractors than employees is:
a. its cheaper
b. the employer has more control over independent contractors
c. the independent contractor has fewer rights under law than an employee
d. all of these
e. a and c only

15. A worker who is not an employee is likely:
a. a partner
b. a volunteer
c. an independent contractor
d. any one of these

16. What test is used to determine whether a worker is an employee or an independent contractor?
a. The Economic Realities Test
b. The Right to Control Test
c. The Common Law Test
d. Each agency or entity having an interest in the question uses a different test
e. None of these

17. Your sister works at a large, well- known firm which has had trouble sustaining the kind of profit margins their shareholders want to see. In order to keep their numbers up over the years, they have tried every cost-cutting measure they could think of, including some that were of questionable legality. You know about this only because you and your sister talk regularly. You know that she is concerned about losing her job, as there have been many rounds of downsizing, and you have promised her that you would not disclose these matters to anyone. Yesterday, she told you that the firm has been using temp workers for about the last two years, and they are a continuing problem. They come from a temp agency, and there are new workers every month or so, whom she must train. They do little to no work all day, and they are seemingly accountable to no one, since the supervisors don’t make them work, yet they still get paid. Your sister knows you are taking this Employment Law course, and she wants you to tell her whether what the company is doing with the temp workers is illegal. Is it?
a. Yes
b. No

18. Regarding independent contractor (IC) agreements, which of the following statements is NOT true?
a. There is no point in using an independent contractor agreement.
b. A good, well-drafted independent contractor agreement can help avoid liability for the firm hiring the worker.
c. Independent contractor agreements can help the parties clarify their employment relationship.
d. A well-drafted IC agreement will address many issues that are used by agencies in determining the status of workers.

19. Which of the following items should NOT be included in a well-drafted independent contractor agreement?

a. a requirement that the worker hire his own assistants
b. a requirement that the firm provide health insurance for the worker
c. a flat fee payment arrangement for the work
d. a requirement that workers pay their own expenses

20. Regarding employees, actions within the scope of employment are those which:
a. relate to work the worker was hired to perform
b. occur on company time at the usual place of work
c. occur during work hours
d. serve only the interests of the employer
e. all of these
f. a thru c only

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. When using independent contractors, firms must be prepared to relinquish most of their control over how work is done.

b. Firms should closely review the status of long-term independent contractors and not assign new projects to them without renewing agreements.

c. Independent contractor agreements should be used, but only when they document actual independent contractor relationships.

d. Be particularly cautious about changing the status of workers from employees to contingent workers or having workers with different statuses perform the same work for long periods of time.

e. Client companies should refrain from closely supervising agency temporary workers or selecting individual temp workers for hiring or firing.

2. Regarding undocumented workers (non-citizens in the US illegally), the policy of federal agencies has been to enforce employment laws for such workers without inquiring as to their legal status. However, the remedies available to such a worker may be limited because of his status. State and explain the policy reasons behind each of these decisions.

3. With regard to Question # 2 above, do you agree or disagree with each stated policy? Why or why not? State and explain what kind of policies as to enforcement of employment laws and remedies for violations of such laws you believe would most encourage compliance with employment laws, and describe what the incentives would be in your preferred policies to encourage the desired conduct.

CHAPTER 3

OVERVIEW OF EMPLOYMENT DISCRIMINATION
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Which of the following is not a real federal anti-discrimination law?
a. Title VII of the Civil Rights Act of 1964
b. Equal Pay Act
c. Equal Opportunity Act
d. Rehabilitation Act

2. The protected classes under the current Title VII law and other federal non-discrimination laws are:
a. race, color, religion, sex, national origin
b. race, color, religion, sex, national origin, age, disability
c. race, color, religion, sex, national origin, disability, sexual orientation
d. race, color, religion, sex, national origin, age, disability, sexual orientation

3. Which of the following protected classes are recognized under some state laws, but not under federal law?
a. disability
b. sexual orientation
c. sexual discrimination
d. none of these

4. In this kind of claim, a seemingly neutral policy has a discriminatory effect.
a. disparate treatment
b. disparate impact
c. pattern or practice
d. none of these

5. In this kind of claim, a member of a protected class who was qualified was not hired, while a member of an unprotected class was hired.
a. disparate treatment
b. disparate impact
c. pattern or practice
d. none of these

6. “Retaliation” is:
a. an adverse action taken against plaintiff following plaintiff’s performance of a protected activity
b. a discriminatory remark made by a supervisor within hearing of the person discriminated against
c. hiring the plaintiff
d. none of these

7. The Age Discrimination in Employment Act makes it illegal to:
a. discriminate against workers over 40 and those under 20
b. discriminate against workers over 40 and under 75
c. discriminate against workers over 40
d. discriminate against workers over 50
e. none of these

8. The federal law that makes it illegal to discriminate in employment against a person based on religion is:
a. The Religious Discrimination Act
b. The Freedom of Religion Act
c. Title VII
d. there is no such federal law; the protection is based on the US Constitution

9. In a case in which an employer fires an employee for reasons that are partly legal and partly illegal, the kind of discrimination is called:
a. reverse discrimination
b. pattern or practice
c. harassment
d. mixed motive

10. Match each term to its correct definition.
[c] 1. pretext
[e] 2. protected class
[a] 3. disparate treatment
[d] 4. retaliation
[b] 5. adverse impact

a. intentional discrimination
b. discriminatory effect
c. a purported reason (but not the real one) for a discriminatory action
d. action taken against an employee for exercising legal rights
e. a group of people sharing a characteristic which has been the object of discrimination
f. a pattern or practice of discrimination
g. action taken to get even

CHAPTER 3

OVERVIEW OF EMPLOYMENT DISCRIMINATION
Test Bank Questions

MULTIPLE CHOICE QUESTIONS

1. Which of the following is true regarding discrimination?
a. the number of discrimination claims filed has decreased over the past decade as employers have paid more attention to promoting diversity in the workplace
b. discrimination has become more subtle and difficult to eliminate in recent years
c. the main challenge in confronting discrimination is to get women and persons of color into workplaces; they can take it from there
d. discrimination occurs anytime that persons are treated unequally or unfairly in the workplace
e. none of the above

2. Which of the following is a protected class characteristic?
a. religion
b. height
c. intelligence
d. management status
e. all of the above

3. Which of the following is true? Title VII of the Civil Rights Act:
a. protects employees against discrimination based on race, sex, national origin, and disability
b. applies to employers that have 15 or more employees
c. protects employees against discrimination based on sexual orientation
d. protects employees against discrimination based on height, weight and physical appearance
e. all of the above

4. In disparate treatment cases:
a. the focus is on proving the employer’s discriminatory intent
b. the focus is on showing the discriminatory effects of the employer’s actions
c. the focus is on showing that unfair treatment occurred
d. the focus is on showing that the employer holds racist or sexist views
e. the focus is on showing that the employer was trying to get back at the employee for something the employee did

5. Which of the following must be shown in order to establish a prima facie case of
retaliation?
a. that the employee was replaced by someone with differing protected class characteristics
b. that the employee lost an employment opportunity shortly after engaging in protected activity
c. that the employer’s action was based on the employee’s race, sex, or other protected class characteristic
d. that the employer’s action was based on a disagreement with a superior and that the firing was unrelated to quality of the employee’s job performance
e. all of the above

6. Three employees working for the same company were found to have stolen company cargo. Two of the employees were white, and one was black. The two white employees were fired, but not the black employee. If the white employees sue, the court will most likely decide:
a. for the employer, because the employees were guilty of theft
b. for the employer, because the employees were employees at will
c. for the employee, because the employer treated him differently based on his race
d. for the employee, because his employer was within its discretion to fire some, but not all employees guilty of theft

7. Regarding cases alleging disparate treatment and pretext, it is correct to say:
a. disparate treatment is unintentional or accidental
b. evidence in a pretext case can be either direct or circumstantial
c. the employer has violated Title VII if it would not have made the same decision absent the discriminatory motive
d. they are relatively rare and with current legislation are not likely to be significant in the future

8. Which of the following is among the things that a plaintiff must show in order to establish a prima facie case of disparate treatment in a pretext case?
a. proof that the employer intended to discriminate
b. proof that the employer’s stated motive is not credible
c. statistical evidence of discriminatory effects
d. all of the above
e. none of the above

9. The key element in disparate treatment is discriminatory intent. In this context, that means that:
a. the decision-maker made the decision with intent to harm
b. the decision-maker made the decision with intent to break the law
c. the decision-maker made the decision in whole or in part based on the protected class characteristic of the employee
d. none of these

10. A firm had been sued and found guilty of racial discrimination against African-Americans, and managers were instructed to be very careful to avoid another similar suit. To that end, African-American employees, but not others, were given raises. Of the following, what is the most correct assessment of this policy?
a. the policy is sound, both legally and ethically
b. the policy is sound legally, but not ethically
c. the policy is neither legally nor ethically sound
d. none of these

11. Which of the following is a type of disparate treatment?
a. adverse impact
b. retaliation
c. both of the above
d. none of the above

12. In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that:
a. there is an alternative practice that would have less discriminatory effects, but the employer declines to use it
b. the employer has engaged in a pattern or practice of discrimination
c. the difference in selection rates across protected class groups is statistically significant
d. the four-fifth’s rule has been violated
e. there is additional evidence of a discriminatory motive

13. Which of the following is a neutral requirement that is likely to result in adverse impact?
a. race
b. language requirement
c. physical strength test
d. b and c
e. all of the above

14. Protected activity in a retaliation claim under Title VII includes:
a. peaceful protests opposing an employer’s alleged discrimination
b. testifying in court about another employee’s discrimination claim
c. knowingly filing a false discrimination charge against an employer
d. all of the above
e. none of the above

15. For a disparate treatment case involving pretext, which is the correct order of proof?
a. plaintiff’s prima facie case, defendant’s lawful motive, plaintiff’s additional evidence supporting discriminatory intent
b. plaintiff’s evidence supporting discriminatory intent, defendant’s lawful motive, plaintiff’s prima facie case
c. plaintiff’s primary evidence, defendant’s primary evidence, plaintiff’s rebuttal showing discriminatory motive
d. none of these

16. Of the elements necessary to prove a case of disparate treatment involving pretext, which of the following is NOT required?
a. plaintiff applied for the employment opportunity
b. plaintiff was qualified for the employment opportunity
c. plaintiff was not hired for the employment opportunity
d. plaintiff was as qualified for the employment opportunity as the person hired

17. In disparate impact cases:
a. the focus is on proving the employer’s discriminatory intent
b. the focus is on showing the discriminatory effects of the employer’s actions
c. the focus is on showing that unfair treatment occurred
d. the focus is on showing that the employer holds racist or sexist views
e. the focus is on showing that the employer was trying to get back at the employee for something the employee did

18. An experienced female crane operator just hired by a new firm was told it was company policy that crane operators urinate over the side of their cranes rather than stop work. The same policy applied to male crane operators. She objected to the policy, was offered alternative jobs, but none as a crane operator, and she quit. Does she have a valid claim for sex discrimination?
a. No, because practice is neutral, and therefore non-discriminatory.
b. No, because she was offered alternative positions.
c. Yes, because the practice was a form of disparate impact.
d. Yes, because the firm did not create a different rule for bathroom breaks for her.

19. Of the following, the most effective way for an employer to respond to an employee’s claim of retaliation would be:
a. to show that the employee is lying
b. to show that the employee was not retaliated against, but rather disciplined for poor performance or the like
c. to show that the employee should never have been hired in the first place.
d. none of these

20. In Collazo v. Bristol-Myers Squibb,, an employee was fired after he assisted another employee with her claim of sexual harassment. He sued alleging retaliation. The firm contended that no sexual harassment had occurred, so that it was not legally possible for him to sustain a claim of retaliation. On appeal, the court ruled:
a. against the employee, because no sexual harassment was proven, and so no claim for retaliation could be maintained
b. against the employee, because he could not prove retaliation
c. for the employee, because the public policy exception to employment at will applied
d. for the employee, because it was not necessary for him to prove a violation of Title VII in order to sustain a claim for retaliation

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must not make employment decisions based, in whole or in part, on the protected class characteristics of employees.

b. Employers should have policies and be consistent in how they apply and enforce them.

c. Employment requirements and practices should be scrutinized for their potential to disadvantage protected class groups and for evidence of their job relatedness and business necessity.

d. Employers need to exercise particular care in making employment decisions regarding employees that have filed charges or spoken out about discrimination.

e. Employers need to maintain good documentation and be prepared to explain why particular employment decisions were made.

2. Certain protected classes are recognized under various state law but not under federal law. Name them.

CHAPTER 4

RECRUITMENT, APPLICATIONS AND INTERVIEWS
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Word of mouth advertising for employees may be discriminatory because:
a. it reaches so few people
b. people tend to associate with others like themselves
c. it is not in writing
d. none of these

2. H1-B visas are granted to:
a. hardship cases
b. those with specialty occupations
c. agricultural workers
d. a and b
e. b and c

3. Employers conducting an interview for an open position:
a. may ask only job-related questions
b. must make a conditional offer of employment before asking health-related questions
c. may discriminate pre-hire
d. none of these

4. Regarding medical inquiries in an interview, it is correct to say that:
a. they may be made at any time during the job interview
b. they may be made after a conditional offer of employment
c. they may never be made
d. they may be made after the employee applies for insurance

5. During an interview, one may inquire about an applicant’s protected class status:
a. directly
b. indirectly only
c. not at all

6. Match each term to its correct definition.

[e] 1. relevant labor market
[c] 2. neutral wording
[b] 3. nepotism
[d] 4. word-of-mouth hiring
[a] 5. medical inquiries

a. questions about previous workers’ compensation claims would be one of these
b. hiring one’s relatives, or the relatives of one’s employees
c. want ads which do not mention any protected class have this
d. employees tell their friends, who tell their friends about job openings
e. qualified available workforce
f. the percentage of a protected class in the local labor market
g. women and minorities are encouraged to apply

CHAPTER 4
RECRUITMENT, APPLICATIONS, AND INTERVIEWS
Test Bank Questions

MULTIPLE CHOICE QUESTIONS

1. In Stewart v. Jackson & Nash, the court examined the issue of fraudulent inducement.
The court decided that:
a. actions for fraudulent inducement against an employer are never available when the employee is an employee at will
b. actions for fraudulent inducement against an employer are only available with regard to future promises
c. actions for fraudulent inducement against an employer are only available with regard to present facts
d. actions for fraudulent inducement against an employer are only available when the promises made to the employee are in writing

2. Which of the following is a difference between employing foreign nationals with work visas for work in the U.S. and employing U.S. citizens?
a. the eligibility of foreign nationals to work in the U.S. must be documented on an I-9 form, while this is not required for citizens
b. the duration of employment is limited for foreign nationals, but not for citizens
c. foreign nationals can be paid lower wages and offered fewer benefits than citizens
d. all of the above
e. none of the above

3. For purposes of determining discrimination in recruitment, the “relevant labor market” is defined as:
a. the protected class composition of the employer’s applicant pool
b. the population as a whole
c. the protected class composition of people qualified for the job, and living geographically close enough to be likely candidates
d. none of the above

4. Which of the following is true regarding want ads and job announcements?
a. employers are legally required to post written job announcements and ads
b. the wording of job announcements and ads must be neutral
c. job announcements and ads must not be placed in publications that are narrowly targeted toward particular protected class groups
d. all of the above
e. none of the above

5. Nepotism and word of mouth hiring:
a. are specifically prohibited by Title VII because of their potential to produce discriminatory effects
b. are not optimal recruiting procedures, but they raise no significant legal issues
c. tend to produce discriminatory effects, depending on how racially homogeneous an employer’s existing workforce is
d. have been subjected to numerous legal challenges, but have been consistently upheld under Title VII
e. none of the above

6. Determining whether discrimination has occurred regarding recruitment requires an analysis of:
a. the relevant labor market
b. the overall labor force
c. the national labor force
d. the international labor market

7. Which of the following would not create potential liability for the employer if asked
during an interview?
a. Have you ever filed a workers’ compensation claim for a work-related injury or illness?
b. Do you believe in God?
c. How often do you go out on dates?
d. Why do you want to work for this company?
e. Your accent is beautiful, where are you from?

8. Your new boss has asked you to advertise for a job opening at the firm, but said he did not want to hire any “foreigners,” by which he means, anyone who is not 100% a Caucasian, and a male. He also insists that you fill the position within one week. You know, from personal experience, that when you advertise this job for only a week, only white male applicants will apply. Given your legal and ethical obligations in this situation (and wanting to keep your job), the best course of action for you to take would be:
a. place the ad, and hire a white male for the position within one week
b. tell your boss that the law requires that you place the ad for two weeks; do that, then hire the best of the applicants who apply
c. place the ad, but also review your saved resumes for this position from previous applicants, knowing that they are a diverse group; start calling them in for interviews immediately, and hopefully, hire someone within a week
d. quit and go find another job

9. Which of the following inclusions in a want ad would be least likely to be considered
discriminatory:
a. young persons wanted
b. recent college graduates wanted
c. servers/waitstaff wanted
d. recent high school graduates wanted
e. all of the above would likely be considered discriminatory

10. In Harrison v. Benchmark Electronics, a temporary employee was asked by his supervisor to apply for the job as a permanent worker. He did so, and took a pre-employment drug test, which was positive. The Medical Review Officer, upon learning that the applicant had epilepsy, and his drugs were legally prescribed, cleared him to be hired, but his supervisor, who sat in on the Medical Review meeting, fired him. The court ruled that:
a. employers are permitted to make pre-employment medical inquiries prior to a conditional offer of employment
b. non-disabled applicants are not protected from pre-employment inquiries under the ADA
c. the firm had a legal right to ask questions about the drug use, but not to inquire about disability pre-employment
d. because the applicant had tested positive for drugs, the employer could lawfully proceed to ask questions regarding disability prior to making a conditional offer of employment

11. Of these possible means of recruitment, which has the greatest potential to be discriminatory?
a. use of an employment agency
b. nepotism or “word of mouth”
c. want ads
d. none of these

12. It is a violation of anti-discrimination laws to place a want ad indicating a preference based on:
a. race
b. religion
c. sex
d. national origin
e. all of these
f. none of these

13. Sex-linked job titles:
a. are always neutral
b. are never neutral
c. may be neutral, depending on the circumstances
d. none of these

14. Which of the following practices would be discriminatory?
a. placing an ad for a waitress
b. placing an ad for a waiter
c. placing an ad asking for “a recent college grad”
d. all of these
e. only a and b

15. Which of the following kinds of advertising is legally prohibited?
a. advertising a job opening in a foreign language newspaper
b. advertising a job opening inviting women and minorities to apply
c. advertising a job opening in a church bulletin
d. all of these
e. none of these

16. Which of the following statements is NOT true?
a. employers should advertise written job announcements to the public
b. anti-discrimination laws do not apply to employment agencies
c. an employer should preserve evidence, especially if it suspects a claim will be filed against it
d. word of mouth advertising is potentially discriminatory

17. Which of the following practices would be discriminatory?
a. using different kinds of application forms for different people applying for the same position
b. if an applicant seems an unlikely candidate, discouraging him from applying for the job
c. accepting applications for a position for only one week
d. all of these
e. a and b only

18. In order to prevent discrimination against applicants of protected classes, your colleague decides to note the protected class characteristic of the applicants on their applications. What would be your advice to her?
a. It’s a good idea. Noting the protected class characteristic of the applicant on the application which make sure that the firm takes extra care not to discriminate against these applicants.
b. It’s NOT a good idea. Noting the protected class characteristic of the applicant on the application could be construed as discriminatory.
c. As long as you do it in pencil, then erase it after you’ve made your hiring decision, you’ll be okay.
d. None of these

19. Which of the following is true regarding fraud claims?
a. they can be completely avoided by not saying anything
b. they differ from breach of contract claims primarily in the degree of harm suffered by the plaintiff
c. the false statement was made intentionally or with reckless disregard for the truth
d. if injury occurs, it doesn’t matter whether the false statement was made intentionally or unintentionally

20. Which of the following interview topics would be considered inquiries regarding an applicant’s medical condition?
a. previous injury
b. previous illness
c. current injury
d. previous workers’ compensation claims
e. all of these would be inquiries regarding a medical condition

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Use multiple recruiting mechanisms, rather than rely solely on one way of getting the word out about employment opportunities.

b. If applications are being accepted, then no individual wishing to apply should be discouraged from submitting an application.

c. For applicants that are not hired, application forms and other documents should be retained for at least one year from when the decision not to hire was made.

d. Whether on application forms, during interviews, or otherwise, employers should refrain from asking, directly or indirectly, about the protected class characteristics of job candidates.

e. Be careful not to present false or misleading information that a job candidate would reasonably rely on in accepting a job.

2. You have been hired by the owners of Brew & Beef, a local family owned restaurant. They would like to open a second restaurant (Brew & Beef II) across town and have asked your advice regarding the recruitment of employees. One of the owners and her sister will be managing the new site and they are transferring part of their chef staff to the new facility so they need your advice regarding the hiring of wait staff, bus staff, custodial help and kitchen help. Recent discrimination law suits have been in the news and they want things to go smoothly and legally. What advice would you give them?

CHAPTER 5

BACKGROUND CHECKS, REFERENCES, AND VERIFYING
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Background checks may include all of these EXCEPT:
a. verifying past employment
b. checking driving records
c. obtaining prior health insurance claims information
d. confirming the candidate actually has required degrees, licenses, and the like

2. Under the common law doctrine of respondeat superior, employers are generally liable for the actions of their employees:
a. outside the scope of their employment
b. within the scope of their employment
c. if those actions are foreseeable
d. none of these

3. Regarding background checks, it is correct to say that:
a. no particular measure is required in all cases
b. employer should always follow their own procedures
c. inconsistencies and gaps in an applicant’s information must be tracked down
d. all of these are true

4. One defense to a claim of defamation is:
a. truth
b. falsity
c. negligence
d. careless hiring

5. Regarding references, which of the following statements is NOT true?
a. An employer has no duty to give a reference for a former employee.
b. An employer has a duty to give a reference for a former employee.
c. If an employer gives a reference, it must do so with due care.
d. All of these statements are true.

6. Match each term to its correct definition.

Respondeat superior the liability of an employer for the acts of its employee within the scope of the employment
Foreseeable reasonable anticipation of the possible results of an action
Qualified privilege an exemption from liability under certain conditions
Defamation a false statement which damages a person’s reputation
Consumer credit report a communication regarding a person’s credit standing and reputation

CHAPTER 5
BACKGROUND CHECKS, REFERENCES,
AND VERIFYING

MULTIPLE CHOICE QUESTIONS

1. Negligent hiring:
a. makes employers liable for harm that occurs when employees act within the scope of their employment
b. makes employers liable for any harm that is caused by their employees
c. makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment
d. all of the above
e. none of the above

2. In order to avoid liability for negligent hiring, the primary question an employer must consider is:
a. whether the employer’s own written hiring policies are adequate
b. whether placing an unfit person in the particular job could be expected to result in harm
c. whether there is evidence of a candidate’s unfitness that could be found through a thorough personal interview with the applicant
d. all of the above
e. none of the above

3. In D.D.N. v. FACE, a music-festival organizer hired a man who had a conviction for criminal sexual assault without doing a background check. The man was hired to be “camping staff, front.” He was given a “staff” T-shirt, and a wristband that gave him access to all parts of the concert venue. He sexually assaulted a concert-goer, and she sued for neghligent hiring. Although the hiring manager acknowledged an increased risk of sexual assault in that venue, the employer argued that they owed her no duty, and her injury was not foreseeable. The court ruled that:
a. the employer was liable under respondeat superior because the assault occurred on concert grounds, and was carried out by a management-level employee
b. the employer was liable for negligent hiring because employers are legally obligated to perform criminal background checks and contact references for all persons hired
c. the employer was liable for negligent hiring because sexual assault was an increased risk in this venue, it was foreseeable that an unfit person hired as for this position could harm others, and the employer failed to conduct an adequate background check
d. the employer was not liable for negligent hiring because even if it had undertaken a more thorough background check, clear evidence of unfitness for the job was not available
e. none of the above

4. A company hired a file clerk, but did not inquire into his criminal history. In fact, he has had several convictions for driving while intoxicated. On a lunch break, he got drunk and assaulted a waitress at a nearby restaurant. If the waitress sues the employer, a court would most likely decide that:
a. the employer is liable under respondeat superior for the harmful act of the employee because it occurred during the workday
b. the employer is liable for negligent hiring because the employer had an obligation to check his criminal background, it did not do so, and this led to him harming another person
c. the employer is not liable for negligent hiring because the employee did not assault the waitress on company property
d. the employer is not liable for negligent hiring because the job does not subject people to risk, and the evidence of unfitness was not related to the job
e. none of the above

5. A valid background check should NOT include:
a. checking an applicants marital status
b. verifying an applicants military service
c. checking an applicants driving record
d. verifying an applicants degrees and/or licenses
e. none of the above may be validly inquired into

6. Which of the following is a defense to a defamation claim against an employer?
a. the employee gave his consent to make the statement
b. the statement was within the employer’s qualified privilege
c. the statement was truthful
d. all of the above
e. none of the above

7. In Sigal Construction v. Stanbury, a project manager sued because statements made by his former employer in the course of providing a reference untruthfully minimized his abilities. The court ruled that:
a. the employer did not defame the former employee because its statements were merely opinions and did not purport to be factual
b. the employer did not defame the former employee because he had consented to having information about him shared with the prospective new employer
c. the employer did not defame the former employee because the statements, although harsh, were truthful
d. the employer defamed the former employee because statements made in references are not subject to qualified privilege
e. the employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made

8. In M.P. v. City of Sacramento, a 24-year-old woman working as a photographer attended the “Porn Star Costume Ball.” A firefighter captain attended, and allowed other firefighters to attend, drive their trucks to the event, and “pick up” women. Some of the firefighters were on duty, and some were drinking. This was not the first time firefighters had been allowed to bring their fire trucks to bars and parties. The woman was asked to take pictures of the firefighters in the truck, and two of them (one of whom was on duty) sexually assaulted her. She sued, contending that the City of Sacramento was liable for the assault against her. The court ruled:
a. the city was not liable because under California law, a public employee who commits a sex crime on duty is not acting within the scope of employment, so that the employer is not vicariously liable
b. the city was liable because under California law, a public employee who commits a sex crime on duty is acting within the scope of employment, so that the employer is vicariously liable

9. Under the Fair Credit Reporting Act, employers must do which of the following?
a. notify an applicant that the employer plans to reject her based on information from a credit report
b. obtain the consent of an applicant before conducting any background check
c. verify that the information in a credit report reasonably appears to be accurate
d. all of the above
e. none of the above

10. Mike is the chair of the management department at a local university and Tom is an
ethics professor in that department. They dislike each other immensely due to a number
of professional and social disagreements. Mike calls Tom into his office and closes the
door. He then informs Tom that he believes that Tom is guilty of plagiarism and also
guilty of an improper sexual relationship with Kathy, a 19 year old management student.
In fact, Tom is a happily married man who is extremely well respected in the community
and has never committed adultery. Deeply believing in ethics, he has never committed
plagiarism in his life. Furthermore, he has always been absolutely professional with
regard to his student Kathy. Tom vehemently denies these charges and as he gets up to
leave, Mike states, “Give me any more trouble and I go public.” Tom goes right to his
attorney who files a defamation law suit that afternoon.
a. Tom will win because the statements are both lies, challenging his integrity and character
b. Tom will win because his reputation has been damaged
c. Mike will win because as chair, he has a qualified privilege to make these types of statements
d. Mike will win because the statements were not published

11. The Immigration Reform and Control Act:
a. requires that employers not hire or employ aliens
b. requires that employers not discriminate based on national origin and citizenship
c. allows employers to hire an unlimited number of foreign nationals under the H-1B visa program
d. all of the above
e none of the above

12. Which of the following is true regarding criminal background checks?
a. an employer is required to do a criminal background check for all applicants; otherwise, it may be deemed guilty of discrimination if it does checks for some types of jobs but not for others
b. a thorough criminal background check is required only when the applicant will be working with money
c. employers should consider the seriousness, recentness, and job-relatedness of convictions before denying employment on that basis
d. all of the above
e. none of the above

13. Which of the following is a true statement regarding employer compliance with the
Immigration Reform and Control Act?
a. employers must verify a person’s eligibility to work in the United States before the new employee begins work
b. employers are required to copy and retain copies of the documents used by the employee to prove eligibility to work in the United States
c. if they appear to be genuine, employers are not required to investigate or verify the authenticity of documents presented or supplied by the employee
d. employees must present certified copies of whatever documents they use to verify eligibility to work
e. all of the above

14. The Fair Credit Reporting Act refers to which two kinds of reports?
a. a consumer credit report, which reports only credit-worthiness, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like
b. a consumer credit report, which reports credit information and general character information, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like
c. a fair credit report, which guarantees accuracy, and a character reference report, based on personal interviews of neighbors, colleagues, and the like

15. After three weeks in your new position as Assistant Human Resources Director, the HR Director has asked you to take a candidate all the way through the process, from application to interview, to background check. The firm has an opening for an electrical engineer who is proficient with construction blueprints. The engineer will be helping to build the company’s new warehouse, which is about to begin construction. Which of the following steps would be necessary to take during the background check?
a. do a thorough criminal background check through all 50 states
b. check to see that the applicant has a degree in electrical engineering
c. check references at the applicant’s former places of employment
d. all of these
e. b and c only

16. You’ve now been on the job for a few months in your role as Assistant Human Resources Director, and have acquired some experience in interviewing and background checks. While doing a background check on a candidate for a secretarial position, you discover that the candidate was arrested several years ago while in college, and accused of damaging university property. What should you do?
a. disqualify the candidate for unfitness
b. talk to the candidate to find out what the report is all about
c. disregard the report, as it’s an arrest, and not a conviction
d. none of these

17. Which of the following steps could an employer take that would help to eliminate possible claims of defamation?
a. obtaining a signed consent from a former employee, authorizing the employer to provide information about her job performance
b. negotiating an agreed letter of reference for an employee who is leaving
c. giving only information that verifies that the former employee worked for the employer, the rate of pay, and the dates of employment
d. all of these

18. Which of the following statements is NOT true?
a. Employers must always perform a criminal background check before hiring an employee
b. Employers must always conduct a thorough and comprehensive background check of every applicant
c. Employers must obtain an applicant’s consumer credit report
d. all of these are true
e. none of these is true

19. “Knowledge” as an element of the tort of negligent hiring, means that:
a. the employer knew the employee was unfit
b. the employer should have known the employee was unfit
c. the employer would have known the employee was unfit if it had done an appropriate background check
d. any of these might constitute such “knowledge”
e. none of these constitutes such “knowledge”

20. While doing a background check on a candidate who is superbly qualified for the sales job for which he has applied, you learn that he was dishonorably discharged from the U.S. Army. When you ask him about it, he explains that he was 18 years old at the time, and the death of his father, whom he had only recently met, had a devastating impact on him. He began to drink to excess, often failed to report to his duty station. After his dishonorable discharge, he righted himself, started working, and got counseling. Everyone at your firm who has interviewed him found him to be very personable, and very able, and they’re eager for him to start. You’ve told them about the dishonorable discharge, and it’s made no difference to their decision. Should you tell other employees about the dishonorable discharge?
a. Yes
b. No

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Background checks must be more extensive when hiring for positions in which unfit employees could do serious harm to others.

b. Employers should document all efforts to obtain information on job candidates, even when those efforts are not successful.

c. Former employers should verify the identities of persons seeking information about former employees, such as by requiring that requests be made on company letterhead.

d. Employers should consider, on an individual basis, the seriousness, job relatedness, and recentness of any criminal convictions before using them as grounds for denying employment.

e. For all persons hired, employers must view documents establishing identity and eligibility to work in the U.S. and record the documents examined on I-9 forms.

Answer: Immigration Reform and Control Act – This is the mechanism through with the Act’s prohibition against hiring undocumented workers is implemented.

2. You have been hired as the assistant director of a company’s Human Resource Department. The director calls you in and tells you that she is considering a suggestion to the Board of Directors that the company adopt a policy of refusing to give substantive information on employee references. She asks you if adopting such a policy makes sense. What advice will you give to her?

CHAPTER 6

EMPLOYMENT TESTING
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Drug testing in employment is used:
a. prior to hiring
b. as part of medical exams
c. to verify that employees who have been through drug rehab programs are “clean”
d. all of the above

2. Regarding drug testing, which of the following statements is NOT true?
a. No one rule applies to employers uniformly.
b. Drug testing laws vary from state to state.
c. About 10 states grant employers the right to drug test at any time.
d. Random drug testing of union members is subject to their CBA.

3. With some exceptions for certain industries, public employers may not use random drug-testing because:
a. of their union collective bargaining agreement
b. it violates the U.S. Constitution’s 4th amendment
c. it is unfair
d. none of these; public employers may use random drug-testing

4. Pursuant to the Genetic Information Nondiscrimination Act of 2008:
a. Employers are required to genetically test their employees for insurance purposes.
b. Employers are forbidden from genetically testing their employees.
c. Employees must disclose their genetic information to their employers.
d. None of these

5. Polygraphs may be administered by employers:
a. pre-hire, to determine the honesty of the applicant
b. after a theft or other serious event
c. randomly
d. all of these statements are true

6. Match each term to its correct definition.

Medical examination for example, an HIV test
Chain of custody tracking the location of a sample from the time its taken
Four-fifths rule an EEOC rule of thumb
Banding grouping similar scores together and treating them similarly
Drug-Free Workplace Act a federal law which applies to firms that do business with the federal government

CHAPTER 6
EMPLOYMENT TESTING
MULTIPLE CHOICE QUESTIONS

1. Which of the following statements is most correct about the legality of drug testing?
a. drug testing will usually be upheld, provided that the employer had reasonable grounds for suspecting that the individual employee was under the influence of drugs
b. drug testing will usually not be upheld if it is legally challenged
c. drug testing will be upheld for private sector employees, but not for public employees
d. drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge

2. Drug testing may include samples of all of the following EXCEPT:
a. blood
b. saliva
c. hair
d. fingernails

3. The Drug Free Workplace Act of 1988 requires that:
a. employees must be drug tested at the time of hire and whenever there is reasonable suspicion of drug use in the workplace
b. employers must develop and communicate polices prohibiting drug use, possession, or sale in the workplace
c. employers must terminate all employees who are found more than once to be using drugs in the workplace
d. all of the above
e. none of the above

4. Which of the following is considered a medical exam under the ADA?
a. drug test
b. genetic test
c. physical fitness/agility test
d. vision tests for ability to read or recognize objects
e. none of the above

5. Which of the following is true regarding medical exams under the ADA?
a. all medical exams must be voluntary
b. medical exams conducted following conditional offers of employment are unrestricted in scope
c. only if an employee’s condition makes him a direct threat to himself or others can he be denied an employment opportunity based on a medical exam
d. people who are disabled or look disabled may be singled out to receive medical exams based on their condition
e. none of the above

6. Which of the following is true regarding HIV tests?
a. they must not be given until after a conditional offer of employment has been made
b. forced testing of public employees will usually violate the Constitution
c. it will usually not be legal to deny an employment opportunity based on the fact that a job candidate or employee has tested positive
d. all of the above
e. none of the above

7. About half of the states have drug testing laws, some of which:
a. prohibit blood testing
b. require testing of certain employees, or under certain conditions
c. regulate more fully random drug testing
d. all of these
e. all of these except a

8. Employers must show that a test is job related and consistent with business necessity:
a. only if the test is having discriminatory effects
b. any time that a test is used
c. only if content validity cannot be established
d. none of the above

9. To determine if a test is having discriminatory effects:
a. see if the number of women and persons of color hired is at least four-fifth’s of the number of white males hired
b. see if the proportion of women and persons of color hired is roughly equal to the proportion of women and persons of color in the relevant labor market
c. compare the pass rates for different protected class groups and see if the pass rate for any group is less than four-fifth’s of the pass rate for the most successful group
d. compare the number of persons from different protected class groups that pass the test and see if the number of persons passing for any group is less than four-fifth’s of the number for the most successful group
e. examine the individual test questions looking for evidence of bias

10. Which of the following is NOT true regarding the Employee Polygraph Protection Act?
a. it applies to voice stress analyzers, mechanical and electronic truth determining devices as well as polygraphs
b. it only applies to private sector employers but not to governmental agencies
c. it prohibits the use of polygraphs by private sector employers for any reason
d. it does not apply to, or prohibit, pencil and paper honesty tests

11. Content validation studies:
a. examine whether behaviors and skills tested closely represent behaviors and skills used on the job
b. examine test items to ensure that they measure what they purport to measure and do not include irrelevant or biased questions
c. demonstrate a statistical association between test performance and job performance
d. all of the above
e. none of the above

12. In Lanning v. SEPTA, female applicants for transit police jobs failed the physical fitness test at a much higher rate than male applicants and were rarely hired. The major conclusion to be drawn from this case is that______:
a. employers should reasonably accommodate women when conducting physical fitness tests
b. if physical fitness tests are professionally developed, they will usually not produce discriminatory effects
c. cut-off scores on physical fitness tests should reflect the minimum level of physical ability needed to successfully perform the job
d. employers must not establish different cut-off scores for men and women on physical fitness tests
e. none of the above

13. A criterion validation study must:
a. be based on a thorough job analysis
b. include a representative sample
c. demonstrate a statistical association between test performance and job performance
d. all of the above
e. none of the above

14. Regarding drug tests:
a. the employer must perform a second confirmatory test if requested by the employee
b. the employer must allow the employee access to samples so that the employee can have her own test done
c. a and b
d. none of the above; if the test is done by an independent certified laboratory and there is no evidence that the test was compromised or invalid, the original test is all that needs to be done

15. For union employers, drug testing is:
a. prohibited
b. permitted only under certain conditions
c. a subject of mandatory bargaining
d. none of these

16. Drug testing laws, both state and federal, require that:
a. employers use due care in conducting tests and handling samples
b. employers refrain from drug testing unless required by law
c. employers routinely drug test all employees
d. none of these

17. You have just concluded an employment interview with an applicant you like, who is qualified for the inside sales job you have been interviewing for, and have made a conditional offer of employment. You tell the applicant that you want her to take a medical exam, and if she passes, she has the job. She is at first obviously happy and seemingly relieved, but then breaks down in tears. She tells you that a medical will show that she is HIV positive. What should you do?
a. Tell her not to worry, and that if she otherwise passes the medical exam, she has the job
b. Tell her that you’re sorry to hear about her affliction, and obviously, you cannot hire her
c. Report her to the County Health authorities
d. none of these

18. You are the HR Manager of your firm, and you pride yourself on being up to date with legal requirements, and on the cutting edge of your field. You’ve just gotten a mailer about a new test kit which would perform genetic testing by pricking a finger, dripping the blood sample onto a tab, and mailing it in to a lab. You think how this could be applied to your employees and applicants, and what you might be able to save on health insurance costs. What should you do?
a. Order a gross of the genetic testing kits as soon as possible.
b. Call the company attorney to ask how you could test the entire staff without their knowledge
c. Throw the mailer in the trash; it’s use in this context would be illegal
d. none of these

19. Your firm’s lunchroom has been a congenial gathering place for employees while they are taking their lunch breaks, but lately, lunches that employees have brought from home and put into the refrigerator in the morning have disappeared by lunch time. This has happened several times, and the employees have now started to accuse one another of stealing lunches. Morale has fallen, and you must do something. Of the following, which is your best option?
a. conduct polygraph tests of all of the employees
b. conduct polygraph tests of all employees who use the lunchroom
c. install a video camera, and train it on the refrigerator in the lunchroom
d. prohibit use of the refrigerator by anyone

20. You are in the process of revising your pre-employment tests, as your current test is out of date, and may have discriminatory effects. A new company offering a pre-employment test has given you a sample of their test, which they tell you has had great success in screening to acquire only honest employees. Applicants are to agree or disagree with several statements, including this one: “I believe God wants us to conduct ourselves with honesty in all things, including at work.” Which of the following statements is most correct?
a. The test will have no discriminatory effect, and will successfully screen for honest employees
b. The test may have a discriminatory effect, and should not be used
c. You should wait to see how the test performs for other companies, so that you can decide whether or not to adopt it
d. none of these

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Supervisors should be well-trained at identifying signs of drug use and impairment.

b. Information about medications taken should be sought only after positive drug test results occur.

c. Drug testing programs should require confirmatory tests to verify positive results, provide for documentation of the chain of custody, use reputable labs and monitor their performance, and use a Medical Review Officer.

d. Employers should have evidence of validity for all of their tests, but must do so for tests that have discriminatory effects.

e. Content valid tests should be used to the extent feasible, but not to assess intangible characteristics and not for tasks that could readily be learned on the job.

2. Non-medical tests used for making employment selection decisions must be scored in some way. Name and discuss the various legal and illegal methods that employers utilize.

CHAPTER 7

HIRING AND PROMOTION DECISIONS
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. A “facially discriminatory policy or practice” is:
a. one that is discriminatory on its face
b. one that uses face recognition software to identify employees
c. one that is necessary to conduct business
d. all of the above

2. One defense to a claim of discrimination is:
a. Age Discrimination in Employment Act (ADEA)
b. bona fide occupational qualification (BFOQ)
c. a thorough background check
d. a collective bargaining agreement (CBA)

3. One employer refused to hire women with children under age 5, but did hire men with children under age 5. This is an example of what kind of case?
a. disparate impact
b. sex plus
c. retaliation
d. none of these

4. A person who was interviewed and hired, but the job offer was withdrawn before he/she began may have a cause of action for:
a. breach of contract
b. negligent hiring
c. promissory estoppel
d. all of these

5. The artificial barriers based on attitudinal or organizational bias that prevent qualified individuals from advancing in their organization into upper management positions are known as:
a. luck of the draw
b. the glass ceiling
c. seniority
d. subjective criteria

6. Match each term to its correct definition.

Authenticity required for believability even though discriminatory
BFOQ discrimination which is reasonably necessary to the business
Sex-stereotyping for example, women as homemakers and men as fighters
Subjective criteria measures without clear standards, about which people may disagree
Promissory estoppel one who relies to his detriment may have this cause of action

CHAPTER 7
HIRING AND PROMOTION DECISIONS
MULTIPLE CHOICE QUESTIONS

1. The bona fide occupational qualification (BFOQ) defense:
a. applies to intentionally discriminatory policies but not to neutral policies that result in discrimination
b. permits race or color to be used as selection criteria, but only under circumstances where employers can make a very strong case for why that is necessary
c. is the only means by which employers can avoid liability for facially discriminatory policies or practices
d. all of the above
e. none of the above

2. Which of the following is most likely a proper application of a BFOQ?
a. transferring pregnant women out of a department that worked with chemicals known to be harmful to a fetus
b. not hiring women for the night shift because the factory is in a very dangerous part of town and the company parking lot requires a ½ mile walk to the site
c. requiring airline pilots to retire at 60 years old
d. all of the above
e. none of the above

3. The machinery in a plant is old and was designed for use by an “average-sized male.” Citing safety concerns, the company hires only average-sized males for jobs working in the plant. If a female applicant for a job at the plant is not hired and sues, a court would most likely rule that:
a. the employer violated Title VII by facially discriminating based on sex
b. the employer violated Title VII by not attempting to accommodate women so that they could work in the plant
c. the employer violated Title VII because the selection criterion of size has an adverse impact on women and is not job related and consistent with business necessity
d. the employer did not violate Title VII because the employer could establish a BFOQ based on its safety concerns
e. the employer did not violate Title VII because any adverse impact its hiring criterion created was justified as job related and consistent with business necessity

4. Which of the following would NOT be considered a sex-plus policy issue?
a. hiring women only after they have gone through menopause
b. requiring men, but not women, over 40 years old to have annual physicals
c. hiring male newlyweds but not hiring female newlyweds
d. asking men and women about childcare arrangements during a pre-employment interview
e. none of the above

5. xxA female teacher who worked for a school district alleged that she was discriminated against and denied tenure because she was a young mother who her superiors felt could not do a good job and be a good mother simultaneously.
a. the teacher was successful because they proved that in the year Back was hired, 85% of the teachers employed were women and 71% of these women had children
b. the school district was successful because Back did not prove or even allege that males with children were treated more favorably than she was treated
c. Back was successful because a jury could find that the justifications for the negative tenure recommendation and evaluation offered by Back’s superiors were pretextual and that discrimination was a motivating factor for the negative recommendation
d. Back was successful because Hastings did not establish that not having young children was a legitimate BFOQ for her administrative position

6. Which of the following is true regarding grooming and appearance standards for employees?
a. applying different standards to men and women does not automatically constitute sex-plus discrimination
b. standards that are sex-stereotypical in nature are likely to be discriminatory
c. dress requirements that result in harassment are likely to be discriminatory
d. all of the above
e. none of the above

7. The use of subjective criteria by employers:
a. is legal as long as the criteria can be systematically measured and quantified
b. tends to result in the hiring of fewer African-Americans and Latinos
c. requires a formal validation study to be conducted if the criteria produce adverse impact
d. all of the above
e. none of the above

8. Which of the following statements is most correct regarding the interviewing process:
a. the degree of subjectivity in interviewing applicants tends to be low
b. the use of a structured interview may provide more uniform results, and fewer charges of discrimination
c. the degree of subjectivity in interviewing applicants tends to be uniform
d. interviewers generally know when they are responding negatively based on stereotypes

9. Trends in jobs and hiring criteria raise new legal questions because:
a. increased emphasis on “soft skills” that are assessed subjectively limits employment opportunities for persons of color
b. increased emphasis on flexible job descriptions and teamwork limits employment opportunities for older workers
c. increased emphasis on organization-fit limits employment opportunities for disabled persons
d. all of the above
e. none of the above

10. The bona fide seniority system (BFSS) defense:
a. applies to facially discriminatory policies or practices
b. will not succeed if it results in the limitation of employment opportunities for lower seniority women or persons of color
c. is one of two statutory defenses to discrimination charges included in Title VII
d. all of the above
e. none of the above

11. Which of the following is an element necessary to establish the existence of a contract?
a. a written document signed by both parties and reviewed by lawyers
b. a written document signed by both parties and whether reviewed by lawyers or not
c. face to face negotiations over contract terms
d. a clear offer and acceptance of the offer

12. Promissory estoppel claims:
a. arise when employment contracts are breached
b. require evidence of intent to deceive
c. require reasonable reliance on a clear promise
d. all of the above
e. none of the above

13. xxIn Everson v. Michigan Department of Corrections, the defendant claimed that hiring
only female Corrections and Residential Housing Unit Officers was justified as a BFOQ.
The court:
a. agreed based on prisoner’s privacy concerns
b. agreed based on prisoner’s preference concerns
c. disagreed based on perceived security concerns
d. disagreed because there were reasonable alternatives shown that would allow both men and women to perform the officer positions without adversely affecting the institution or the prisoners

14. “Glass ceilings”:
a. are primarily a problem for women rather than persons of color
b. have been the focus of enforcement actions by the OFCCP
c. are primarily a problem in the financial sector
d. all of the above
e. none of the above

15. Regarding promotions, which of the following would NOT constitute good information and advice for managers?
a. assessing who is eligible for a promotion may begin with the jobs to which people are assigned when they are hired
b. training and development programs should be developed, and made available to all
c. since not all are qualified to be promoted, it is not advisable to post or announce possible promotion opportunities; rather one should advise only the people who may be qualified
d. one should consider applications for promotion from all who are interested, even if they do not appear to qualify.

16. Which of the following statements is NOT true as to discrimination against caregivers?
a. sex stereotyping is a common form of discrimination against caregivers
b. the EEOC has highlighted the issue of discrimination against caregivers
c. “caregiver” is a new protected class under EEOC guidelines
d. disparate treatment is the most common form of discrimination against caregivers

17. You are the manager of your division at a large technology firm, and have been waiting to get approval to hire a new person. You have someone in mind: your long-time friend and college roommate, who you know would be a terrific fit with your team. But you are also aware that the company wants to increase its diversity, especially with regard to women. You worry about this, since your team is all male, and adding a woman would change the dynamics considerably. You’ve now advertised the new position, as required, and the two best candidates are your friend, and a Latina woman you have never met before. Neither candidate has met your team. Of the following, which would be the best decision?
a. hire your friend; you know he’ll fit with the current team
b. hire the woman; the firm will be happy that you’ve improved diversity
c. have both candidates meet with your team, each one separately, and get their input on the candidates; then decide based on their preference
d. have both candidates meet with your team, each one separately, and get their input on the candidates; then make the decision on your own, objectively

18. Your firm has been repeatedly accused of discrimination, and your boss, knowing that you just graduated from college with a degree in Management, and a certificate in Human Resources Management, has asked you to review the company’s practices and procedures with regard to hiring and promotion, and eliminate those that could lead to discrimination. Which of the following practices would likely lead to discrimination?
a. evaluating candidates based upon technical skills (30%) and interviews (70%)
b. having the interviewers meet as a group to “coordinate” their interview scores
c. weighting the answers to some questions over others
d. all of these would likely lead to discrimination
e. none of these would likely lead to discrimination

19. With regard to the situation in # 18, above, which of the following practices would you recommend to help avoid discrimination, and what is the basis for your recommendation?
a. change the weight given to the evaluation of candidates to rely more heavily on technical skills than on the interview, because this would make the assessment more objective
b. do not allow the interviewers to change their scores developed during the interview, as this will remove score manipulation
c. continue to weight the answers to those questions which are more important, because this is necessary to acquiring compatible workers, and does not discriminate
d. all of these would help avoid discrimination
e. only a and b would help avoid discrimination

20. Your firm has been wanting to hire another engineer for some time, and your supervisor has just made an offer to someone from out of state. The hiree is in the process of selling his house, and moving his family to your city. But you are well aware that the economic downturn has sharply curtailed business, and you don’t see how the current level of business can support another engineer. In fact, you are all a little concerned about layoffs. You know that your supervisor also knows all of this, but he has told you that he won’t withdraw the offer until he absolutely has to. By that time, the hiree may well have sold his home and moved his family, but have no new job with your firm. If the offer is withdrawn under these circumstances, and the hiree sues, which causes of action, if any, might be successful?
a. breach of contract and promissory estoppel
b. promissory estoppel and fraud
c. fraud only
d. breach of contract only
e. none of these

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Rather than use protected class characteristics to identify persons with desired abilities, employers should find more individualized means of assessing job-related abilities.

b. Employers must not exclude older employees from safety-sensitive jobs based on assumptions about health status, unless there is evidence that older employees pose greater risk and it is not feasible to adequately assess the health of individuals.

c. Employers must not establish employment requirements that apply to one protected class group but not others.

d. Employers should give substantial weight to subjective assessments only if they are specific and clearly grounded in statements or actions of job candidates.

e. Employers should, with the help of legal counsel, put employment offers in writing.

2. What rules and procedures should employers establish with regard to interviews of job applicants?

HRM 510 Week 5 Midterm Exam – Strayer University NEW

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Chapters 1 Through 7

CHAPTER 1

OVERVIEW OF EMPLOYMENT LAW
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. U.S. employment law is:
a. a complete body of federal law
b. a complete body of federal and state law
c. a fragmented work in progress
d. a fragmented body of common law

2. The best HR managers will:
a. be proactive
b. anticipate legal problems and try to avoid them
c. strictly enforce company policy when it conflicts with the law
d. a and b only
e. a through c

3. Sources of employment law include:
a. state and federal constitutions
b. state but not federal constitutions
c. executive orders
d. regulations
e. all of the above
f. a, c and d

4. The Employment at Will Doctrine means that:
a. an employer may fire an employee for any reason not prohibited by law
b. an employer may fire an employee only for cause
c. an employer may not fire an employee
d. none of these

5. The Employment at Will Doctrine is:
a. the starting point for any analysis of an employment issue
b. the rule, unless the parties have an employment contract
c. the rule, unless the parties have signed a collective bargaining agreement
d. all of the above

6. Employment law gives employees certain substantive rights. Among these are:
a. the right not to be fired except for cause
b. the right to vacation time and sick days
c. the right to an employer paid health insurance plan
d. none of these

7. In order to determine which employment laws apply to a certain business, one needs to consider:
a. the geographic location of the business
b. whether the business is public or private
c. how many employees the business has
d. all of these
e. two of these

8. An employee about to bring a claim for a violation of employment law must consider:
a. whether she has the right to bring a private cause of action
b. whether formal notice must be given before a claim can be made
c. whether the employee has worked for the employer for at least one year
d. all of these
e. a and b only

9. Tri-State Computers, Inc. decided to institute a mandatory arbitration agreement policy, so posted notice of the policy on its company website for all of the employees to see. The policy, as described is:
a. enforceable
b. unenforceable

10. The role of Human Resource managers in compliance with legal requirements regarding employment law includes:
a. recognizing and analyzing employment law issues
b. taking action to avoid or prevent employment disputes
c. enforcing legal requirements governing employment law
d. all of these
e. two of these

CHAPTER 1
OVERVIEW OF EMPLOYMENT LAW

MULTIPLE CHOICE QUESTIONS

1. William, aged 59, has been employed by your firm for more than 26 years, and has continually received above-average evaluations. Just before his 27th anniversary with the firm, you are ordered by your superior, the HR Manager, to tell him that his employment with the firm is terminated immediately. Given the facts, as presented, the issues most likely to be raised are:
a. legal
b. ethical
c. medical
d. contract
e. none of these

2. Under U.S. employment laws, employees have the right to:
a. not be fired, as long as they do a good job and the employer’s financial condition does not require that employment levels be cut
b. be treated fairly in all aspects of the workplace, including receiving fair compensation
c. have health insurance and other basic benefits, provided that they are full-time employees
d. all of the above
e. none of the above

3. In order to determine which employment laws apply to a certain employer, the employer should consider which of the following factors?
a. the number of employees that work for the company
b. whether the employer sells goods or services to the federal government
c. the state(s) in which the employer operates
d. all of the above
e. none of the above

4. Regarding the historical development of employment law in the U.S., which of the following statements is true?
a. Most federal employment laws were passed in the first half of the 19th century in response to growing industrialization
b. The earliest employment laws focused on wages and hours
c. Most employment laws were passed with little conflict, since the need for these laws was evident to employers, employees and legislators.
d. The importance of employment at will has increased over time.
e. None of the above.

5. Which of the following is generally true regarding the process of enforcing employment laws?
a. courts and government agencies hear cases only after employees come forward with complaints about violations of the law
b. employees are very likely to seize the opportunity to sue their employers, because all of the cost of employment litigation is borne by the employer
c. once a claim is brought, a company’s attorneys deal with it, and managers have little involvement in the case
d. all of the above
e. none of the above

6. In Nino v The Jewelry Exchange, plaintiff bank employee sued alleging discrimination, and his employer sought to dismiss the suit, stating that the employee had signed a mandatory arbitration agreement, so that the suit should go to arbitration. The employee responded that the mandatory arbitration agreement he had signed was unconscionable, and therefore, unenforceable. Among other things, the employee alleged that the arbitration agreement was unconscionable because gave him only 5 days to make a demand for arbitration. The court ruled:
a. for the Plaintiff employee, because the agreement was both procedurally and substantively unconscionable.
b. for the Plaintiff employee, because the arbitration agreement was procedurally unconscionable.
c. for the Defendant employer, because none of the provisions of the arbitration agreement was unconscionable.
d. for the Defendant employer because the unconscionable parts of the arbitration agreement could be stricken, and the arbitration could proceed.

7. Under the “payroll method” approved by the U.S. Supreme Court:
a. employers whose payrolls exceed $500,000 annually are covered by Title VII
b. employers are covered by Title VII if they had at least 20 employees on the payroll at the time of the alleged discrimination
c. employers are covered by Title VII if they had at least 15 employees working and being paid for each working day during at least 20 weeks in the same or the preceding year
d. employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked.
e. none of the above

8. Which of the following statements is true of arbitration?
a. historically, arbitration has been used to resolve disputes over contractual rights
b. arbitrators’ decisions are usually advisory and not considered final
c. arbitrators have less control over the outcomes of disputes than do mediators.
d. arbitration is always more costly and time-consuming than litigation
e. none of these

9. Regarding the interrelationship of federal and state employment laws:
a. state laws must be identical to federal law or the state law is void
b. states may pass laws which reduce employee rights, but may not enact laws that expand employee protections granted in federal laws
c. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws
d. employment law is exclusively a federal domain, so states may not enact laws when federal law already exists

10. In Wal-Mart Stores v Dukes, Plaintiffs, all female employees, sued alleging discrimination in pay and promotions based on gender, and sought to represent a class of about 1 ½ million female employees, past and present. The case was certified as a class action, and Wal-Mart appealed, alleging that the certification did not comply with the Federal Rules of Civil Procedure in that the claimants had not suffered the same injury, and the claims did not have questions of law and fact in common. The court ruled:
a. for the Plaintiff employees, because they had all suffered the same injury – a violation of Title VII
b. for the Plaintiff employees, because Wal-Mart was guilty of a pattern or practice of discrimination based on its corporate culture
c. for Wal-Mart, because a lawsuit with 1.5 million plaintiffs was simply unwieldy
d. for Wal-Mart, because the claims did not have common questions of law and fact

11. In EEOC v Fed Ex, the EEOC sued Fed Ex on behalf of a deaf employee who was denied reasonable accommodation under the Americans with Disabilities Act (ADA) over a two year period. The court found for EEOC, and entered judgment for compensatory and punitive damages. Fed Ex appealed, in part based on the award of punitive damages, contending, among other things, that Fed Ex had made a good-faith effort to comply with the law. In particular, Fed Ex offered evidence of its ADA compliance policy set forth in the employee manual. The court ruled:
a. the establishment of an ADA compliance policy was sufficient to establish a good faith effort to comply with the ADA
b. the establishment of an ADA compliance policy was not sufficient by itself to establish a good faith effort to comply, in the absence of any affirmative steps to ensure the implementation of its policy
c. a good faith effort was not required
d. none of these

12. Which of the following is true regarding enforcement of employee rights and enforcement of employment laws?
a. finding a lawyer willing to take an employment law case is difficult because lawyers accept only about 50% of employment discrimination cases brought to them
b. if an employer has a complaint or grievance procedure, the employee is required to exhaust the remedies afforded under the internal procedure before taking the case to an enforcement agency or court
c. the EEOC encourages the parties to discrimination cases to use mediation
d. the EEOC encourages the parties to discrimination cases to use arbitration

13. An employer considering whether to use mandatory arbitration agreements should recognize which of the following limitations of their use?
a. the agreements probably won’t apply to any of its unionized employees
b. the agreements will not deter the EEOC from investigating and possibly litigating to recover remedies for individuals
c. the agreements may not be enforceable if they do not provide employees with the same remedies as those available through the courts
d. all of the above
e. none of the above

14. Which of the following is true of the enforcement process for discrimination charges brought under Title VII?
a. the plaintiff may choose to begin in the state civil rights agency, or may file directly with the EEOC as they wish
b. charges must be brought within 60 days of the alleged discriminatory act
c. a right to sue letter must be obtained from the EEOC before going to court
d. all of the above
e. none of the above

15. A mandatory arbitration agreement which provides that all claims be brought within 90 days of the date of the alleged violation would likely be:
a. enforceable
b. unenforceable
c. subject to amendment by the court

16. Dean got a job as a copyrighter for a publishing firm, and after working for the firm for two years, was told he was required to sign a mandatory arbitration agreement, submitting any employment disputes to binding arbitration, and that if he would not sign it as is, he would be fired. Dean:
a. will have to sign the agreement if he wants to keep his job
b. does not have to sign the agreement, and can still keep his job

17. The contract referred to in Question #16 above is:
a. procedurally unconscionable
b. substantively unconscionable
c. neither of these
d. both of these

18. Which of the following provisions, if included in a mandatory arbitration agreement, would be likely to render it unenforceable?
a. a provision that the employee pay the costs of the arbitrator’s services
b. a provision that gives the employer the right to choose any arbitrator
c. a provision that bars all discovery
d. a provision that requires the employee to prove his case
e. all of these
f. all of these except d

19. As the Human Resources manager of your firm, the task of putting into effect the firm’s new mandatory arbitration agreement has fallen to you. At a minimum, legally, which of the following actions are required to make the policy enforceable?
a. send email notice to all employees that a mandatory arbitration policy has been adopted
b. post the mandatory arbitration policy on the firm’s website, and ask employees to visit the site and review the policy
c. provide employees with a copy of the agreement, and ask them to sign it
d. make certain that the agreement provides, and the employees understand, that they are waiving their rights to sue
e. all of these are legally required
f. none of these are legally required
g. only c and d are legally required

20. Your firm has just gotten a contract with the U.S. government to build security gates for the new fence along the U.S.-Mexican border. In addition to the employment laws which already apply to your business, the following will now also apply:
a. Title IX
b. the Federal Security Fence Funding Act of 2008
c. EO # 11246
d. all of these
e. none of these

ESSAY QUESTIONS

1. Employment law arises from a variety of sources. Name and briefly discuss each of them.

2. Describe what the role of a good human resources manager should be in managing employment law issues.

CHAPTER 2
OVERVIEW OF EMPLOYMENT LAW
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. If an employment relationship exists, an employer must do this for its employee:
a. withhold income taxes from wages
b. provide workers’ compensation insurance
c. provide unemployment insurance
d. all of these

2. Who has the burden of proving the status of a hired worker whose status as either employee or independent contractor is disputed?
a. the hiring party
b. the worker hired
c. the agency before which the disputed case is pending
d. the judge presiding over the case in court
e. none of these

3. Of the following, which is considered in determining whether someone is an independent contractor or an employee?
a. who has the right to control how and where the work is done
b. does the worker work for one firm or many
c. who supplies necessary tools and supplies
d. whether benefits are provided to the worker
e. all of these
f. only a thru c

4. Which of the following statements is true?
a. an employer may be held liable for the actions of its employees outside the scope of employment
b. an employer may not be held liable for the actions of its employees outside the scope of employment
c. employers may limit their liability for the actions of its employees pursuant to contract
d. none of these

5. Which one of these is different from all the others?
a. independent contractor
b. employee
c. temp worker
d. partner
e. volunteer
f. students
g. interns

6. Match each term to its correct definition.
[c] 1. employee
[b] 2. employer
[e] 3. independent contractor
[a] 4. right of control
[f] 5. scope of employment

a. how the IRS distinguishes employees from independent contractors
b. one who hires another to work for him and directs the work
c. one who works regularly for an employer and is directed by the employer
d. principal and agent
e. one with his own business who offers his services to others
f. all of the services an employee performs for his employer are within this
g. agency

CHAPTER 2

THE EMPLOYMENT RELATIONSHIP

MULTIPLE CHOICE QUESTIONS

1. Distinguishing between employees and independent contractors is important because:
a. income tax must be withheld for employees, but not independent contractors
b. employers have fewer legal obligations to independent contractors
c. employers can defend their actions under employment laws by proving that persons performing work are independent contractors
d. all of the above
e. none of the above

2. Under the economic realities test:
a. if the hired party depends on the job for the majority of her income, that favors the conclusion that she is an employee
b. if the hired party performs tasks that are central to the hiring party’s business, that favors the conclusion that she is an independent contractor
c. if the hired party performs low-skilled work, that favors the conclusion that she is an independent contractor
d. if the hired party provides her own tools and materials, that favors the conclusion that she is an independent contractor
e. all of the above

3. In Narayan v EGL, Inc., the plaintiffs were drivers hired in California by a Texas firm, which had them sign independent contractor agreements under Texas law. They sued, contending they were employees, entitled to overtime pay and other benefits, and summary judgment was entered against them because of the independent contractor agreement. They appealed, and on appeal, the court ruled:
a. that they were independent contractors, because they signed the independent contractor agreement
b. that they were employees, because Texas law did not apply in California
c. that summary judgment was vacated, and the case remanded for trial, since a jury could determine from the evidence that they were employees
d. none of these

4. Which of the following is true of the common law test?
a. it is especially useful for distinguishing partners from employees
b. it focuses on the right of control
c. it focuses on the hired party’s ability to sell his services to a variety of hiring parties
d. it is especially useful for determining whether individuals should be covered as family members under benefit plans
e. none of the above

5. If a worker is an employee, the employer must:
a. withhold income taxes
b. pay the employer’s share of Social Security and Medicare taxes
c. pay the employee’s share of Social Security and Medicare taxes
d. all of these
e. a and b only

6. Which of the following is an accurate statement regarding independent contractor agreements?
a. they will usually be treated as indicators of independent contractor status, provided that they are signed and notarized
b. they are useless as indicators of independent contractor status
c. they can be renewed automatically and as often as necessary
d. they can support a claim to independent contractor status, but the actual relationship is the most important factor
e. a and c

7. The primary lesson to be learned from the lawsuit brought by Microsoft’s temporary workers in the 1990s is that:
a. it is safest legally to hire temp workers through a temporary staffing agency
b. employers must provide benefits to all of their employees
c. companies that use temp workers will often be deemed joint employers of those workers
d. employers cannot arbitrarily exclude some employees from benefit plans by labeling them as temporary workers
e. none of the above

8. If a worker is an employee, the employer must:
a. provide worker’s compensation coverage for the employee
b. provide unemployment insurance for the employee
c. provide health insurance for the employee
d. all of the above
e. a and b only

9. Persons performing volunteer work are more likely to be deemed employees if:
a. their services are provided to non-profit agencies
b. they receive significant remuneration for their services
c. they retain control over their volunteer work schedule
d. all of the above
e. none of the above

10. A company has one office with nine employees and a second office with 12 employees. If an employee who works in the first office is harassed and attempts to sue under Title VII, which of the following questions becomes a relevant issue:
a. whether this is a single, integrated enterprise
b. whether these are joint employers
c. whether the multi-employer doctrine applies
d. whether the joint payroll method applies
e. whether Title VII applies extraterritorially

11. Which of the following statements regarding managers is most correct?
a. under most employment laws, managers are not deemed to be protected employees
b. managers are usually not individually liable when they violate employees’ rights
c. employers are liable for the actions of managers taken within the scope of their employment
d. a and c
e. none of the above

12. Employers may be liable for the actions of their employees within the scope of employment. With regard to the actions of employees outside the scope of employment, which of the following statements is true?
a. An employer can never be liable for the actions of its employee outside the scope of employment.
b. An employer is always liable for the actions of its employee outside the scope of employment.
c. An employer might be liable for the actions of its employee outside the scope of employment if the employer was negligent or reckless in allowing it to occur, or for other reasons.
d. None of these is true

13. You started your own business 2 years ago, and needed several part-time workers, but did not want and could not afford to pay them a minimum wage, or payroll taxes, so you classified them as independent contractors. At the time, a decent argument could be made that they were independent contractors, as there had been no rulings on your particular arrangement. Recently, for a business very similar to yours, the Department of Labor ruled that the workers of the business were employees, and not independent contractors. What should you do?
a. nothing, unless the Department of Labor challenges your arrangement
b. nothing, unless one of the workers complains
c. have all of the workers sign independent contractor agreements immediately
d. begin to treat them as employees, including paying a minimum wage, and withholding income taxes

14. The main reason employers would rather hire independent contractors than employees is:
a. its cheaper
b. the employer has more control over independent contractors
c. the independent contractor has fewer rights under law than an employee
d. all of these
e. a and c only

15. A worker who is not an employee is likely:
a. a partner
b. a volunteer
c. an independent contractor
d. any one of these

16. What test is used to determine whether a worker is an employee or an independent contractor?
a. The Economic Realities Test
b. The Right to Control Test
c. The Common Law Test
d. Each agency or entity having an interest in the question uses a different test
e. None of these

17. Your sister works at a large, well- known firm which has had trouble sustaining the kind of profit margins their shareholders want to see. In order to keep their numbers up over the years, they have tried every cost-cutting measure they could think of, including some that were of questionable legality. You know about this only because you and your sister talk regularly. You know that she is concerned about losing her job, as there have been many rounds of downsizing, and you have promised her that you would not disclose these matters to anyone. Yesterday, she told you that the firm has been using temp workers for about the last two years, and they are a continuing problem. They come from a temp agency, and there are new workers every month or so, whom she must train. They do little to no work all day, and they are seemingly accountable to no one, since the supervisors don’t make them work, yet they still get paid. Your sister knows you are taking this Employment Law course, and she wants you to tell her whether what the company is doing with the temp workers is illegal. Is it?
a. Yes
b. No

18. Regarding independent contractor (IC) agreements, which of the following statements is NOT true?
a. There is no point in using an independent contractor agreement.
b. A good, well-drafted independent contractor agreement can help avoid liability for the firm hiring the worker.
c. Independent contractor agreements can help the parties clarify their employment relationship.
d. A well-drafted IC agreement will address many issues that are used by agencies in determining the status of workers.

19. Which of the following items should NOT be included in a well-drafted independent contractor agreement?

a. a requirement that the worker hire his own assistants
b. a requirement that the firm provide health insurance for the worker
c. a flat fee payment arrangement for the work
d. a requirement that workers pay their own expenses

20. Regarding employees, actions within the scope of employment are those which:
a. relate to work the worker was hired to perform
b. occur on company time at the usual place of work
c. occur during work hours
d. serve only the interests of the employer
e. all of these
f. a thru c only

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. When using independent contractors, firms must be prepared to relinquish most of their control over how work is done.

b. Firms should closely review the status of long-term independent contractors and not assign new projects to them without renewing agreements.

c. Independent contractor agreements should be used, but only when they document actual independent contractor relationships.

d. Be particularly cautious about changing the status of workers from employees to contingent workers or having workers with different statuses perform the same work for long periods of time.

e. Client companies should refrain from closely supervising agency temporary workers or selecting individual temp workers for hiring or firing.

2. Regarding undocumented workers (non-citizens in the US illegally), the policy of federal agencies has been to enforce employment laws for such workers without inquiring as to their legal status. However, the remedies available to such a worker may be limited because of his status. State and explain the policy reasons behind each of these decisions.

3. With regard to Question # 2 above, do you agree or disagree with each stated policy? Why or why not? State and explain what kind of policies as to enforcement of employment laws and remedies for violations of such laws you believe would most encourage compliance with employment laws, and describe what the incentives would be in your preferred policies to encourage the desired conduct.

CHAPTER 3

OVERVIEW OF EMPLOYMENT DISCRIMINATION
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Which of the following is not a real federal anti-discrimination law?
a. Title VII of the Civil Rights Act of 1964
b. Equal Pay Act
c. Equal Opportunity Act
d. Rehabilitation Act

2. The protected classes under the current Title VII law and other federal non-discrimination laws are:
a. race, color, religion, sex, national origin
b. race, color, religion, sex, national origin, age, disability
c. race, color, religion, sex, national origin, disability, sexual orientation
d. race, color, religion, sex, national origin, age, disability, sexual orientation

3. Which of the following protected classes are recognized under some state laws, but not under federal law?
a. disability
b. sexual orientation
c. sexual discrimination
d. none of these

4. In this kind of claim, a seemingly neutral policy has a discriminatory effect.
a. disparate treatment
b. disparate impact
c. pattern or practice
d. none of these

5. In this kind of claim, a member of a protected class who was qualified was not hired, while a member of an unprotected class was hired.
a. disparate treatment
b. disparate impact
c. pattern or practice
d. none of these

6. “Retaliation” is:
a. an adverse action taken against plaintiff following plaintiff’s performance of a protected activity
b. a discriminatory remark made by a supervisor within hearing of the person discriminated against
c. hiring the plaintiff
d. none of these

7. The Age Discrimination in Employment Act makes it illegal to:
a. discriminate against workers over 40 and those under 20
b. discriminate against workers over 40 and under 75
c. discriminate against workers over 40
d. discriminate against workers over 50
e. none of these

8. The federal law that makes it illegal to discriminate in employment against a person based on religion is:
a. The Religious Discrimination Act
b. The Freedom of Religion Act
c. Title VII
d. there is no such federal law; the protection is based on the US Constitution

9. In a case in which an employer fires an employee for reasons that are partly legal and partly illegal, the kind of discrimination is called:
a. reverse discrimination
b. pattern or practice
c. harassment
d. mixed motive

10. Match each term to its correct definition.
[c] 1. pretext
[e] 2. protected class
[a] 3. disparate treatment
[d] 4. retaliation
[b] 5. adverse impact

a. intentional discrimination
b. discriminatory effect
c. a purported reason (but not the real one) for a discriminatory action
d. action taken against an employee for exercising legal rights
e. a group of people sharing a characteristic which has been the object of discrimination
f. a pattern or practice of discrimination
g. action taken to get even

CHAPTER 3

OVERVIEW OF EMPLOYMENT DISCRIMINATION
Test Bank Questions

MULTIPLE CHOICE QUESTIONS

1. Which of the following is true regarding discrimination?
a. the number of discrimination claims filed has decreased over the past decade as employers have paid more attention to promoting diversity in the workplace
b. discrimination has become more subtle and difficult to eliminate in recent years
c. the main challenge in confronting discrimination is to get women and persons of color into workplaces; they can take it from there
d. discrimination occurs anytime that persons are treated unequally or unfairly in the workplace
e. none of the above

2. Which of the following is a protected class characteristic?
a. religion
b. height
c. intelligence
d. management status
e. all of the above

3. Which of the following is true? Title VII of the Civil Rights Act:
a. protects employees against discrimination based on race, sex, national origin, and disability
b. applies to employers that have 15 or more employees
c. protects employees against discrimination based on sexual orientation
d. protects employees against discrimination based on height, weight and physical appearance
e. all of the above

4. In disparate treatment cases:
a. the focus is on proving the employer’s discriminatory intent
b. the focus is on showing the discriminatory effects of the employer’s actions
c. the focus is on showing that unfair treatment occurred
d. the focus is on showing that the employer holds racist or sexist views
e. the focus is on showing that the employer was trying to get back at the employee for something the employee did

5. Which of the following must be shown in order to establish a prima facie case of
retaliation?
a. that the employee was replaced by someone with differing protected class characteristics
b. that the employee lost an employment opportunity shortly after engaging in protected activity
c. that the employer’s action was based on the employee’s race, sex, or other protected class characteristic
d. that the employer’s action was based on a disagreement with a superior and that the firing was unrelated to quality of the employee’s job performance
e. all of the above

6. Three employees working for the same company were found to have stolen company cargo. Two of the employees were white, and one was black. The two white employees were fired, but not the black employee. If the white employees sue, the court will most likely decide:
a. for the employer, because the employees were guilty of theft
b. for the employer, because the employees were employees at will
c. for the employee, because the employer treated him differently based on his race
d. for the employee, because his employer was within its discretion to fire some, but not all employees guilty of theft

7. Regarding cases alleging disparate treatment and pretext, it is correct to say:
a. disparate treatment is unintentional or accidental
b. evidence in a pretext case can be either direct or circumstantial
c. the employer has violated Title VII if it would not have made the same decision absent the discriminatory motive
d. they are relatively rare and with current legislation are not likely to be significant in the future

8. Which of the following is among the things that a plaintiff must show in order to establish a prima facie case of disparate treatment in a pretext case?
a. proof that the employer intended to discriminate
b. proof that the employer’s stated motive is not credible
c. statistical evidence of discriminatory effects
d. all of the above
e. none of the above

9. The key element in disparate treatment is discriminatory intent. In this context, that means that:
a. the decision-maker made the decision with intent to harm
b. the decision-maker made the decision with intent to break the law
c. the decision-maker made the decision in whole or in part based on the protected class characteristic of the employee
d. none of these

10. A firm had been sued and found guilty of racial discrimination against African-Americans, and managers were instructed to be very careful to avoid another similar suit. To that end, African-American employees, but not others, were given raises. Of the following, what is the most correct assessment of this policy?
a. the policy is sound, both legally and ethically
b. the policy is sound legally, but not ethically
c. the policy is neither legally nor ethically sound
d. none of these

11. Which of the following is a type of disparate treatment?
a. adverse impact
b. retaliation
c. both of the above
d. none of the above

12. In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that:
a. there is an alternative practice that would have less discriminatory effects, but the employer declines to use it
b. the employer has engaged in a pattern or practice of discrimination
c. the difference in selection rates across protected class groups is statistically significant
d. the four-fifth’s rule has been violated
e. there is additional evidence of a discriminatory motive

13. Which of the following is a neutral requirement that is likely to result in adverse impact?
a. race
b. language requirement
c. physical strength test
d. b and c
e. all of the above

14. Protected activity in a retaliation claim under Title VII includes:
a. peaceful protests opposing an employer’s alleged discrimination
b. testifying in court about another employee’s discrimination claim
c. knowingly filing a false discrimination charge against an employer
d. all of the above
e. none of the above

15. For a disparate treatment case involving pretext, which is the correct order of proof?
a. plaintiff’s prima facie case, defendant’s lawful motive, plaintiff’s additional evidence supporting discriminatory intent
b. plaintiff’s evidence supporting discriminatory intent, defendant’s lawful motive, plaintiff’s prima facie case
c. plaintiff’s primary evidence, defendant’s primary evidence, plaintiff’s rebuttal showing discriminatory motive
d. none of these

16. Of the elements necessary to prove a case of disparate treatment involving pretext, which of the following is NOT required?
a. plaintiff applied for the employment opportunity
b. plaintiff was qualified for the employment opportunity
c. plaintiff was not hired for the employment opportunity
d. plaintiff was as qualified for the employment opportunity as the person hired

17. In disparate impact cases:
a. the focus is on proving the employer’s discriminatory intent
b. the focus is on showing the discriminatory effects of the employer’s actions
c. the focus is on showing that unfair treatment occurred
d. the focus is on showing that the employer holds racist or sexist views
e. the focus is on showing that the employer was trying to get back at the employee for something the employee did

18. An experienced female crane operator just hired by a new firm was told it was company policy that crane operators urinate over the side of their cranes rather than stop work. The same policy applied to male crane operators. She objected to the policy, was offered alternative jobs, but none as a crane operator, and she quit. Does she have a valid claim for sex discrimination?
a. No, because practice is neutral, and therefore non-discriminatory.
b. No, because she was offered alternative positions.
c. Yes, because the practice was a form of disparate impact.
d. Yes, because the firm did not create a different rule for bathroom breaks for her.

19. Of the following, the most effective way for an employer to respond to an employee’s claim of retaliation would be:
a. to show that the employee is lying
b. to show that the employee was not retaliated against, but rather disciplined for poor performance or the like
c. to show that the employee should never have been hired in the first place.
d. none of these

20. In Collazo v. Bristol-Myers Squibb,, an employee was fired after he assisted another employee with her claim of sexual harassment. He sued alleging retaliation. The firm contended that no sexual harassment had occurred, so that it was not legally possible for him to sustain a claim of retaliation. On appeal, the court ruled:
a. against the employee, because no sexual harassment was proven, and so no claim for retaliation could be maintained
b. against the employee, because he could not prove retaliation
c. for the employee, because the public policy exception to employment at will applied
d. for the employee, because it was not necessary for him to prove a violation of Title VII in order to sustain a claim for retaliation

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must not make employment decisions based, in whole or in part, on the protected class characteristics of employees.

b. Employers should have policies and be consistent in how they apply and enforce them.

c. Employment requirements and practices should be scrutinized for their potential to disadvantage protected class groups and for evidence of their job relatedness and business necessity.

d. Employers need to exercise particular care in making employment decisions regarding employees that have filed charges or spoken out about discrimination.

e. Employers need to maintain good documentation and be prepared to explain why particular employment decisions were made.

2. Certain protected classes are recognized under various state law but not under federal law. Name them.

CHAPTER 4

RECRUITMENT, APPLICATIONS AND INTERVIEWS
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Word of mouth advertising for employees may be discriminatory because:
a. it reaches so few people
b. people tend to associate with others like themselves
c. it is not in writing
d. none of these

2. H1-B visas are granted to:
a. hardship cases
b. those with specialty occupations
c. agricultural workers
d. a and b
e. b and c

3. Employers conducting an interview for an open position:
a. may ask only job-related questions
b. must make a conditional offer of employment before asking health-related questions
c. may discriminate pre-hire
d. none of these

4. Regarding medical inquiries in an interview, it is correct to say that:
a. they may be made at any time during the job interview
b. they may be made after a conditional offer of employment
c. they may never be made
d. they may be made after the employee applies for insurance

5. During an interview, one may inquire about an applicant’s protected class status:
a. directly
b. indirectly only
c. not at all

6. Match each term to its correct definition.

[e] 1. relevant labor market
[c] 2. neutral wording
[b] 3. nepotism
[d] 4. word-of-mouth hiring
[a] 5. medical inquiries

a. questions about previous workers’ compensation claims would be one of these
b. hiring one’s relatives, or the relatives of one’s employees
c. want ads which do not mention any protected class have this
d. employees tell their friends, who tell their friends about job openings
e. qualified available workforce
f. the percentage of a protected class in the local labor market
g. women and minorities are encouraged to apply

CHAPTER 4
RECRUITMENT, APPLICATIONS, AND INTERVIEWS
Test Bank Questions

MULTIPLE CHOICE QUESTIONS

1. In Stewart v. Jackson & Nash, the court examined the issue of fraudulent inducement.
The court decided that:
a. actions for fraudulent inducement against an employer are never available when the employee is an employee at will
b. actions for fraudulent inducement against an employer are only available with regard to future promises
c. actions for fraudulent inducement against an employer are only available with regard to present facts
d. actions for fraudulent inducement against an employer are only available when the promises made to the employee are in writing

2. Which of the following is a difference between employing foreign nationals with work visas for work in the U.S. and employing U.S. citizens?
a. the eligibility of foreign nationals to work in the U.S. must be documented on an I-9 form, while this is not required for citizens
b. the duration of employment is limited for foreign nationals, but not for citizens
c. foreign nationals can be paid lower wages and offered fewer benefits than citizens
d. all of the above
e. none of the above

3. For purposes of determining discrimination in recruitment, the “relevant labor market” is defined as:
a. the protected class composition of the employer’s applicant pool
b. the population as a whole
c. the protected class composition of people qualified for the job, and living geographically close enough to be likely candidates
d. none of the above

4. Which of the following is true regarding want ads and job announcements?
a. employers are legally required to post written job announcements and ads
b. the wording of job announcements and ads must be neutral
c. job announcements and ads must not be placed in publications that are narrowly targeted toward particular protected class groups
d. all of the above
e. none of the above

5. Nepotism and word of mouth hiring:
a. are specifically prohibited by Title VII because of their potential to produce discriminatory effects
b. are not optimal recruiting procedures, but they raise no significant legal issues
c. tend to produce discriminatory effects, depending on how racially homogeneous an employer’s existing workforce is
d. have been subjected to numerous legal challenges, but have been consistently upheld under Title VII
e. none of the above

6. Determining whether discrimination has occurred regarding recruitment requires an analysis of:
a. the relevant labor market
b. the overall labor force
c. the national labor force
d. the international labor market

7. Which of the following would not create potential liability for the employer if asked
during an interview?
a. Have you ever filed a workers’ compensation claim for a work-related injury or illness?
b. Do you believe in God?
c. How often do you go out on dates?
d. Why do you want to work for this company?
e. Your accent is beautiful, where are you from?

8. Your new boss has asked you to advertise for a job opening at the firm, but said he did not want to hire any “foreigners,” by which he means, anyone who is not 100% a Caucasian, and a male. He also insists that you fill the position within one week. You know, from personal experience, that when you advertise this job for only a week, only white male applicants will apply. Given your legal and ethical obligations in this situation (and wanting to keep your job), the best course of action for you to take would be:
a. place the ad, and hire a white male for the position within one week
b. tell your boss that the law requires that you place the ad for two weeks; do that, then hire the best of the applicants who apply
c. place the ad, but also review your saved resumes for this position from previous applicants, knowing that they are a diverse group; start calling them in for interviews immediately, and hopefully, hire someone within a week
d. quit and go find another job

9. Which of the following inclusions in a want ad would be least likely to be considered
discriminatory:
a. young persons wanted
b. recent college graduates wanted
c. servers/waitstaff wanted
d. recent high school graduates wanted
e. all of the above would likely be considered discriminatory

10. In Harrison v. Benchmark Electronics, a temporary employee was asked by his supervisor to apply for the job as a permanent worker. He did so, and took a pre-employment drug test, which was positive. The Medical Review Officer, upon learning that the applicant had epilepsy, and his drugs were legally prescribed, cleared him to be hired, but his supervisor, who sat in on the Medical Review meeting, fired him. The court ruled that:
a. employers are permitted to make pre-employment medical inquiries prior to a conditional offer of employment
b. non-disabled applicants are not protected from pre-employment inquiries under the ADA
c. the firm had a legal right to ask questions about the drug use, but not to inquire about disability pre-employment
d. because the applicant had tested positive for drugs, the employer could lawfully proceed to ask questions regarding disability prior to making a conditional offer of employment

11. Of these possible means of recruitment, which has the greatest potential to be discriminatory?
a. use of an employment agency
b. nepotism or “word of mouth”
c. want ads
d. none of these

12. It is a violation of anti-discrimination laws to place a want ad indicating a preference based on:
a. race
b. religion
c. sex
d. national origin
e. all of these
f. none of these

13. Sex-linked job titles:
a. are always neutral
b. are never neutral
c. may be neutral, depending on the circumstances
d. none of these

14. Which of the following practices would be discriminatory?
a. placing an ad for a waitress
b. placing an ad for a waiter
c. placing an ad asking for “a recent college grad”
d. all of these
e. only a and b

15. Which of the following kinds of advertising is legally prohibited?
a. advertising a job opening in a foreign language newspaper
b. advertising a job opening inviting women and minorities to apply
c. advertising a job opening in a church bulletin
d. all of these
e. none of these

16. Which of the following statements is NOT true?
a. employers should advertise written job announcements to the public
b. anti-discrimination laws do not apply to employment agencies
c. an employer should preserve evidence, especially if it suspects a claim will be filed against it
d. word of mouth advertising is potentially discriminatory

17. Which of the following practices would be discriminatory?
a. using different kinds of application forms for different people applying for the same position
b. if an applicant seems an unlikely candidate, discouraging him from applying for the job
c. accepting applications for a position for only one week
d. all of these
e. a and b only

18. In order to prevent discrimination against applicants of protected classes, your colleague decides to note the protected class characteristic of the applicants on their applications. What would be your advice to her?
a. It’s a good idea. Noting the protected class characteristic of the applicant on the application which make sure that the firm takes extra care not to discriminate against these applicants.
b. It’s NOT a good idea. Noting the protected class characteristic of the applicant on the application could be construed as discriminatory.
c. As long as you do it in pencil, then erase it after you’ve made your hiring decision, you’ll be okay.
d. None of these

19. Which of the following is true regarding fraud claims?
a. they can be completely avoided by not saying anything
b. they differ from breach of contract claims primarily in the degree of harm suffered by the plaintiff
c. the false statement was made intentionally or with reckless disregard for the truth
d. if injury occurs, it doesn’t matter whether the false statement was made intentionally or unintentionally

20. Which of the following interview topics would be considered inquiries regarding an applicant’s medical condition?
a. previous injury
b. previous illness
c. current injury
d. previous workers’ compensation claims
e. all of these would be inquiries regarding a medical condition

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Use multiple recruiting mechanisms, rather than rely solely on one way of getting the word out about employment opportunities.

b. If applications are being accepted, then no individual wishing to apply should be discouraged from submitting an application.

c. For applicants that are not hired, application forms and other documents should be retained for at least one year from when the decision not to hire was made.

d. Whether on application forms, during interviews, or otherwise, employers should refrain from asking, directly or indirectly, about the protected class characteristics of job candidates.

e. Be careful not to present false or misleading information that a job candidate would reasonably rely on in accepting a job.

2. You have been hired by the owners of Brew & Beef, a local family owned restaurant. They would like to open a second restaurant (Brew & Beef II) across town and have asked your advice regarding the recruitment of employees. One of the owners and her sister will be managing the new site and they are transferring part of their chef staff to the new facility so they need your advice regarding the hiring of wait staff, bus staff, custodial help and kitchen help. Recent discrimination law suits have been in the news and they want things to go smoothly and legally. What advice would you give them?

CHAPTER 5

BACKGROUND CHECKS, REFERENCES, AND VERIFYING
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Background checks may include all of these EXCEPT:
a. verifying past employment
b. checking driving records
c. obtaining prior health insurance claims information
d. confirming the candidate actually has required degrees, licenses, and the like

2. Under the common law doctrine of respondeat superior, employers are generally liable for the actions of their employees:
a. outside the scope of their employment
b. within the scope of their employment
c. if those actions are foreseeable
d. none of these

3. Regarding background checks, it is correct to say that:
a. no particular measure is required in all cases
b. employer should always follow their own procedures
c. inconsistencies and gaps in an applicant’s information must be tracked down
d. all of these are true

4. One defense to a claim of defamation is:
a. truth
b. falsity
c. negligence
d. careless hiring

5. Regarding references, which of the following statements is NOT true?
a. An employer has no duty to give a reference for a former employee.
b. An employer has a duty to give a reference for a former employee.
c. If an employer gives a reference, it must do so with due care.
d. All of these statements are true.

6. Match each term to its correct definition.

Respondeat superior the liability of an employer for the acts of its employee within the scope of the employment
Foreseeable reasonable anticipation of the possible results of an action
Qualified privilege an exemption from liability under certain conditions
Defamation a false statement which damages a person’s reputation
Consumer credit report a communication regarding a person’s credit standing and reputation

CHAPTER 5
BACKGROUND CHECKS, REFERENCES,
AND VERIFYING

MULTIPLE CHOICE QUESTIONS

1. Negligent hiring:
a. makes employers liable for harm that occurs when employees act within the scope of their employment
b. makes employers liable for any harm that is caused by their employees
c. makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment
d. all of the above
e. none of the above

2. In order to avoid liability for negligent hiring, the primary question an employer must consider is:
a. whether the employer’s own written hiring policies are adequate
b. whether placing an unfit person in the particular job could be expected to result in harm
c. whether there is evidence of a candidate’s unfitness that could be found through a thorough personal interview with the applicant
d. all of the above
e. none of the above

3. In D.D.N. v. FACE, a music-festival organizer hired a man who had a conviction for criminal sexual assault without doing a background check. The man was hired to be “camping staff, front.” He was given a “staff” T-shirt, and a wristband that gave him access to all parts of the concert venue. He sexually assaulted a concert-goer, and she sued for neghligent hiring. Although the hiring manager acknowledged an increased risk of sexual assault in that venue, the employer argued that they owed her no duty, and her injury was not foreseeable. The court ruled that:
a. the employer was liable under respondeat superior because the assault occurred on concert grounds, and was carried out by a management-level employee
b. the employer was liable for negligent hiring because employers are legally obligated to perform criminal background checks and contact references for all persons hired
c. the employer was liable for negligent hiring because sexual assault was an increased risk in this venue, it was foreseeable that an unfit person hired as for this position could harm others, and the employer failed to conduct an adequate background check
d. the employer was not liable for negligent hiring because even if it had undertaken a more thorough background check, clear evidence of unfitness for the job was not available
e. none of the above

4. A company hired a file clerk, but did not inquire into his criminal history. In fact, he has had several convictions for driving while intoxicated. On a lunch break, he got drunk and assaulted a waitress at a nearby restaurant. If the waitress sues the employer, a court would most likely decide that:
a. the employer is liable under respondeat superior for the harmful act of the employee because it occurred during the workday
b. the employer is liable for negligent hiring because the employer had an obligation to check his criminal background, it did not do so, and this led to him harming another person
c. the employer is not liable for negligent hiring because the employee did not assault the waitress on company property
d. the employer is not liable for negligent hiring because the job does not subject people to risk, and the evidence of unfitness was not related to the job
e. none of the above

5. A valid background check should NOT include:
a. checking an applicants marital status
b. verifying an applicants military service
c. checking an applicants driving record
d. verifying an applicants degrees and/or licenses
e. none of the above may be validly inquired into

6. Which of the following is a defense to a defamation claim against an employer?
a. the employee gave his consent to make the statement
b. the statement was within the employer’s qualified privilege
c. the statement was truthful
d. all of the above
e. none of the above

7. In Sigal Construction v. Stanbury, a project manager sued because statements made by his former employer in the course of providing a reference untruthfully minimized his abilities. The court ruled that:
a. the employer did not defame the former employee because its statements were merely opinions and did not purport to be factual
b. the employer did not defame the former employee because he had consented to having information about him shared with the prospective new employer
c. the employer did not defame the former employee because the statements, although harsh, were truthful
d. the employer defamed the former employee because statements made in references are not subject to qualified privilege
e. the employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made

8. In M.P. v. City of Sacramento, a 24-year-old woman working as a photographer attended the “Porn Star Costume Ball.” A firefighter captain attended, and allowed other firefighters to attend, drive their trucks to the event, and “pick up” women. Some of the firefighters were on duty, and some were drinking. This was not the first time firefighters had been allowed to bring their fire trucks to bars and parties. The woman was asked to take pictures of the firefighters in the truck, and two of them (one of whom was on duty) sexually assaulted her. She sued, contending that the City of Sacramento was liable for the assault against her. The court ruled:
a. the city was not liable because under California law, a public employee who commits a sex crime on duty is not acting within the scope of employment, so that the employer is not vicariously liable
b. the city was liable because under California law, a public employee who commits a sex crime on duty is acting within the scope of employment, so that the employer is vicariously liable

9. Under the Fair Credit Reporting Act, employers must do which of the following?
a. notify an applicant that the employer plans to reject her based on information from a credit report
b. obtain the consent of an applicant before conducting any background check
c. verify that the information in a credit report reasonably appears to be accurate
d. all of the above
e. none of the above

10. Mike is the chair of the management department at a local university and Tom is an
ethics professor in that department. They dislike each other immensely due to a number
of professional and social disagreements. Mike calls Tom into his office and closes the
door. He then informs Tom that he believes that Tom is guilty of plagiarism and also
guilty of an improper sexual relationship with Kathy, a 19 year old management student.
In fact, Tom is a happily married man who is extremely well respected in the community
and has never committed adultery. Deeply believing in ethics, he has never committed
plagiarism in his life. Furthermore, he has always been absolutely professional with
regard to his student Kathy. Tom vehemently denies these charges and as he gets up to
leave, Mike states, “Give me any more trouble and I go public.” Tom goes right to his
attorney who files a defamation law suit that afternoon.
a. Tom will win because the statements are both lies, challenging his integrity and character
b. Tom will win because his reputation has been damaged
c. Mike will win because as chair, he has a qualified privilege to make these types of statements
d. Mike will win because the statements were not published

11. The Immigration Reform and Control Act:
a. requires that employers not hire or employ aliens
b. requires that employers not discriminate based on national origin and citizenship
c. allows employers to hire an unlimited number of foreign nationals under the H-1B visa program
d. all of the above
e none of the above

12. Which of the following is true regarding criminal background checks?
a. an employer is required to do a criminal background check for all applicants; otherwise, it may be deemed guilty of discrimination if it does checks for some types of jobs but not for others
b. a thorough criminal background check is required only when the applicant will be working with money
c. employers should consider the seriousness, recentness, and job-relatedness of convictions before denying employment on that basis
d. all of the above
e. none of the above

13. Which of the following is a true statement regarding employer compliance with the
Immigration Reform and Control Act?
a. employers must verify a person’s eligibility to work in the United States before the new employee begins work
b. employers are required to copy and retain copies of the documents used by the employee to prove eligibility to work in the United States
c. if they appear to be genuine, employers are not required to investigate or verify the authenticity of documents presented or supplied by the employee
d. employees must present certified copies of whatever documents they use to verify eligibility to work
e. all of the above

14. The Fair Credit Reporting Act refers to which two kinds of reports?
a. a consumer credit report, which reports only credit-worthiness, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like
b. a consumer credit report, which reports credit information and general character information, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like
c. a fair credit report, which guarantees accuracy, and a character reference report, based on personal interviews of neighbors, colleagues, and the like

15. After three weeks in your new position as Assistant Human Resources Director, the HR Director has asked you to take a candidate all the way through the process, from application to interview, to background check. The firm has an opening for an electrical engineer who is proficient with construction blueprints. The engineer will be helping to build the company’s new warehouse, which is about to begin construction. Which of the following steps would be necessary to take during the background check?
a. do a thorough criminal background check through all 50 states
b. check to see that the applicant has a degree in electrical engineering
c. check references at the applicant’s former places of employment
d. all of these
e. b and c only

16. You’ve now been on the job for a few months in your role as Assistant Human Resources Director, and have acquired some experience in interviewing and background checks. While doing a background check on a candidate for a secretarial position, you discover that the candidate was arrested several years ago while in college, and accused of damaging university property. What should you do?
a. disqualify the candidate for unfitness
b. talk to the candidate to find out what the report is all about
c. disregard the report, as it’s an arrest, and not a conviction
d. none of these

17. Which of the following steps could an employer take that would help to eliminate possible claims of defamation?
a. obtaining a signed consent from a former employee, authorizing the employer to provide information about her job performance
b. negotiating an agreed letter of reference for an employee who is leaving
c. giving only information that verifies that the former employee worked for the employer, the rate of pay, and the dates of employment
d. all of these

18. Which of the following statements is NOT true?
a. Employers must always perform a criminal background check before hiring an employee
b. Employers must always conduct a thorough and comprehensive background check of every applicant
c. Employers must obtain an applicant’s consumer credit report
d. all of these are true
e. none of these is true

19. “Knowledge” as an element of the tort of negligent hiring, means that:
a. the employer knew the employee was unfit
b. the employer should have known the employee was unfit
c. the employer would have known the employee was unfit if it had done an appropriate background check
d. any of these might constitute such “knowledge”
e. none of these constitutes such “knowledge”

20. While doing a background check on a candidate who is superbly qualified for the sales job for which he has applied, you learn that he was dishonorably discharged from the U.S. Army. When you ask him about it, he explains that he was 18 years old at the time, and the death of his father, whom he had only recently met, had a devastating impact on him. He began to drink to excess, often failed to report to his duty station. After his dishonorable discharge, he righted himself, started working, and got counseling. Everyone at your firm who has interviewed him found him to be very personable, and very able, and they’re eager for him to start. You’ve told them about the dishonorable discharge, and it’s made no difference to their decision. Should you tell other employees about the dishonorable discharge?
a. Yes
b. No

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Background checks must be more extensive when hiring for positions in which unfit employees could do serious harm to others.

b. Employers should document all efforts to obtain information on job candidates, even when those efforts are not successful.

c. Former employers should verify the identities of persons seeking information about former employees, such as by requiring that requests be made on company letterhead.

d. Employers should consider, on an individual basis, the seriousness, job relatedness, and recentness of any criminal convictions before using them as grounds for denying employment.

e. For all persons hired, employers must view documents establishing identity and eligibility to work in the U.S. and record the documents examined on I-9 forms.

Answer: Immigration Reform and Control Act – This is the mechanism through with the Act’s prohibition against hiring undocumented workers is implemented.

2. You have been hired as the assistant director of a company’s Human Resource Department. The director calls you in and tells you that she is considering a suggestion to the Board of Directors that the company adopt a policy of refusing to give substantive information on employee references. She asks you if adopting such a policy makes sense. What advice will you give to her?

CHAPTER 6

EMPLOYMENT TESTING
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Drug testing in employment is used:
a. prior to hiring
b. as part of medical exams
c. to verify that employees who have been through drug rehab programs are “clean”
d. all of the above

2. Regarding drug testing, which of the following statements is NOT true?
a. No one rule applies to employers uniformly.
b. Drug testing laws vary from state to state.
c. About 10 states grant employers the right to drug test at any time.
d. Random drug testing of union members is subject to their CBA.

3. With some exceptions for certain industries, public employers may not use random drug-testing because:
a. of their union collective bargaining agreement
b. it violates the U.S. Constitution’s 4th amendment
c. it is unfair
d. none of these; public employers may use random drug-testing

4. Pursuant to the Genetic Information Nondiscrimination Act of 2008:
a. Employers are required to genetically test their employees for insurance purposes.
b. Employers are forbidden from genetically testing their employees.
c. Employees must disclose their genetic information to their employers.
d. None of these

5. Polygraphs may be administered by employers:
a. pre-hire, to determine the honesty of the applicant
b. after a theft or other serious event
c. randomly
d. all of these statements are true

6. Match each term to its correct definition.

Medical examination for example, an HIV test
Chain of custody tracking the location of a sample from the time its taken
Four-fifths rule an EEOC rule of thumb
Banding grouping similar scores together and treating them similarly
Drug-Free Workplace Act a federal law which applies to firms that do business with the federal government

CHAPTER 6
EMPLOYMENT TESTING
MULTIPLE CHOICE QUESTIONS

1. Which of the following statements is most correct about the legality of drug testing?
a. drug testing will usually be upheld, provided that the employer had reasonable grounds for suspecting that the individual employee was under the influence of drugs
b. drug testing will usually not be upheld if it is legally challenged
c. drug testing will be upheld for private sector employees, but not for public employees
d. drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge

2. Drug testing may include samples of all of the following EXCEPT:
a. blood
b. saliva
c. hair
d. fingernails

3. The Drug Free Workplace Act of 1988 requires that:
a. employees must be drug tested at the time of hire and whenever there is reasonable suspicion of drug use in the workplace
b. employers must develop and communicate polices prohibiting drug use, possession, or sale in the workplace
c. employers must terminate all employees who are found more than once to be using drugs in the workplace
d. all of the above
e. none of the above

4. Which of the following is considered a medical exam under the ADA?
a. drug test
b. genetic test
c. physical fitness/agility test
d. vision tests for ability to read or recognize objects
e. none of the above

5. Which of the following is true regarding medical exams under the ADA?
a. all medical exams must be voluntary
b. medical exams conducted following conditional offers of employment are unrestricted in scope
c. only if an employee’s condition makes him a direct threat to himself or others can he be denied an employment opportunity based on a medical exam
d. people who are disabled or look disabled may be singled out to receive medical exams based on their condition
e. none of the above

6. Which of the following is true regarding HIV tests?
a. they must not be given until after a conditional offer of employment has been made
b. forced testing of public employees will usually violate the Constitution
c. it will usually not be legal to deny an employment opportunity based on the fact that a job candidate or employee has tested positive
d. all of the above
e. none of the above

7. About half of the states have drug testing laws, some of which:
a. prohibit blood testing
b. require testing of certain employees, or under certain conditions
c. regulate more fully random drug testing
d. all of these
e. all of these except a

8. Employers must show that a test is job related and consistent with business necessity:
a. only if the test is having discriminatory effects
b. any time that a test is used
c. only if content validity cannot be established
d. none of the above

9. To determine if a test is having discriminatory effects:
a. see if the number of women and persons of color hired is at least four-fifth’s of the number of white males hired
b. see if the proportion of women and persons of color hired is roughly equal to the proportion of women and persons of color in the relevant labor market
c. compare the pass rates for different protected class groups and see if the pass rate for any group is less than four-fifth’s of the pass rate for the most successful group
d. compare the number of persons from different protected class groups that pass the test and see if the number of persons passing for any group is less than four-fifth’s of the number for the most successful group
e. examine the individual test questions looking for evidence of bias

10. Which of the following is NOT true regarding the Employee Polygraph Protection Act?
a. it applies to voice stress analyzers, mechanical and electronic truth determining devices as well as polygraphs
b. it only applies to private sector employers but not to governmental agencies
c. it prohibits the use of polygraphs by private sector employers for any reason
d. it does not apply to, or prohibit, pencil and paper honesty tests

11. Content validation studies:
a. examine whether behaviors and skills tested closely represent behaviors and skills used on the job
b. examine test items to ensure that they measure what they purport to measure and do not include irrelevant or biased questions
c. demonstrate a statistical association between test performance and job performance
d. all of the above
e. none of the above

12. In Lanning v. SEPTA, female applicants for transit police jobs failed the physical fitness test at a much higher rate than male applicants and were rarely hired. The major conclusion to be drawn from this case is that______:
a. employers should reasonably accommodate women when conducting physical fitness tests
b. if physical fitness tests are professionally developed, they will usually not produce discriminatory effects
c. cut-off scores on physical fitness tests should reflect the minimum level of physical ability needed to successfully perform the job
d. employers must not establish different cut-off scores for men and women on physical fitness tests
e. none of the above

13. A criterion validation study must:
a. be based on a thorough job analysis
b. include a representative sample
c. demonstrate a statistical association between test performance and job performance
d. all of the above
e. none of the above

14. Regarding drug tests:
a. the employer must perform a second confirmatory test if requested by the employee
b. the employer must allow the employee access to samples so that the employee can have her own test done
c. a and b
d. none of the above; if the test is done by an independent certified laboratory and there is no evidence that the test was compromised or invalid, the original test is all that needs to be done

15. For union employers, drug testing is:
a. prohibited
b. permitted only under certain conditions
c. a subject of mandatory bargaining
d. none of these

16. Drug testing laws, both state and federal, require that:
a. employers use due care in conducting tests and handling samples
b. employers refrain from drug testing unless required by law
c. employers routinely drug test all employees
d. none of these

17. You have just concluded an employment interview with an applicant you like, who is qualified for the inside sales job you have been interviewing for, and have made a conditional offer of employment. You tell the applicant that you want her to take a medical exam, and if she passes, she has the job. She is at first obviously happy and seemingly relieved, but then breaks down in tears. She tells you that a medical will show that she is HIV positive. What should you do?
a. Tell her not to worry, and that if she otherwise passes the medical exam, she has the job
b. Tell her that you’re sorry to hear about her affliction, and obviously, you cannot hire her
c. Report her to the County Health authorities
d. none of these

18. You are the HR Manager of your firm, and you pride yourself on being up to date with legal requirements, and on the cutting edge of your field. You’ve just gotten a mailer about a new test kit which would perform genetic testing by pricking a finger, dripping the blood sample onto a tab, and mailing it in to a lab. You think how this could be applied to your employees and applicants, and what you might be able to save on health insurance costs. What should you do?
a. Order a gross of the genetic testing kits as soon as possible.
b. Call the company attorney to ask how you could test the entire staff without their knowledge
c. Throw the mailer in the trash; it’s use in this context would be illegal
d. none of these

19. Your firm’s lunchroom has been a congenial gathering place for employees while they are taking their lunch breaks, but lately, lunches that employees have brought from home and put into the refrigerator in the morning have disappeared by lunch time. This has happened several times, and the employees have now started to accuse one another of stealing lunches. Morale has fallen, and you must do something. Of the following, which is your best option?
a. conduct polygraph tests of all of the employees
b. conduct polygraph tests of all employees who use the lunchroom
c. install a video camera, and train it on the refrigerator in the lunchroom
d. prohibit use of the refrigerator by anyone

20. You are in the process of revising your pre-employment tests, as your current test is out of date, and may have discriminatory effects. A new company offering a pre-employment test has given you a sample of their test, which they tell you has had great success in screening to acquire only honest employees. Applicants are to agree or disagree with several statements, including this one: “I believe God wants us to conduct ourselves with honesty in all things, including at work.” Which of the following statements is most correct?
a. The test will have no discriminatory effect, and will successfully screen for honest employees
b. The test may have a discriminatory effect, and should not be used
c. You should wait to see how the test performs for other companies, so that you can decide whether or not to adopt it
d. none of these

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Supervisors should be well-trained at identifying signs of drug use and impairment.

b. Information about medications taken should be sought only after positive drug test results occur.

c. Drug testing programs should require confirmatory tests to verify positive results, provide for documentation of the chain of custody, use reputable labs and monitor their performance, and use a Medical Review Officer.

d. Employers should have evidence of validity for all of their tests, but must do so for tests that have discriminatory effects.

e. Content valid tests should be used to the extent feasible, but not to assess intangible characteristics and not for tasks that could readily be learned on the job.

2. Non-medical tests used for making employment selection decisions must be scored in some way. Name and discuss the various legal and illegal methods that employers utilize.

CHAPTER 7

HIRING AND PROMOTION DECISIONS
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. A “facially discriminatory policy or practice” is:
a. one that is discriminatory on its face
b. one that uses face recognition software to identify employees
c. one that is necessary to conduct business
d. all of the above

2. One defense to a claim of discrimination is:
a. Age Discrimination in Employment Act (ADEA)
b. bona fide occupational qualification (BFOQ)
c. a thorough background check
d. a collective bargaining agreement (CBA)

3. One employer refused to hire women with children under age 5, but did hire men with children under age 5. This is an example of what kind of case?
a. disparate impact
b. sex plus
c. retaliation
d. none of these

4. A person who was interviewed and hired, but the job offer was withdrawn before he/she began may have a cause of action for:
a. breach of contract
b. negligent hiring
c. promissory estoppel
d. all of these

5. The artificial barriers based on attitudinal or organizational bias that prevent qualified individuals from advancing in their organization into upper management positions are known as:
a. luck of the draw
b. the glass ceiling
c. seniority
d. subjective criteria

6. Match each term to its correct definition.

Authenticity required for believability even though discriminatory
BFOQ discrimination which is reasonably necessary to the business
Sex-stereotyping for example, women as homemakers and men as fighters
Subjective criteria measures without clear standards, about which people may disagree
Promissory estoppel one who relies to his detriment may have this cause of action

CHAPTER 7
HIRING AND PROMOTION DECISIONS
MULTIPLE CHOICE QUESTIONS

1. The bona fide occupational qualification (BFOQ) defense:
a. applies to intentionally discriminatory policies but not to neutral policies that result in discrimination
b. permits race or color to be used as selection criteria, but only under circumstances where employers can make a very strong case for why that is necessary
c. is the only means by which employers can avoid liability for facially discriminatory policies or practices
d. all of the above
e. none of the above

2. Which of the following is most likely a proper application of a BFOQ?
a. transferring pregnant women out of a department that worked with chemicals known to be harmful to a fetus
b. not hiring women for the night shift because the factory is in a very dangerous part of town and the company parking lot requires a ½ mile walk to the site
c. requiring airline pilots to retire at 60 years old
d. all of the above
e. none of the above

3. The machinery in a plant is old and was designed for use by an “average-sized male.” Citing safety concerns, the company hires only average-sized males for jobs working in the plant. If a female applicant for a job at the plant is not hired and sues, a court would most likely rule that:
a. the employer violated Title VII by facially discriminating based on sex
b. the employer violated Title VII by not attempting to accommodate women so that they could work in the plant
c. the employer violated Title VII because the selection criterion of size has an adverse impact on women and is not job related and consistent with business necessity
d. the employer did not violate Title VII because the employer could establish a BFOQ based on its safety concerns
e. the employer did not violate Title VII because any adverse impact its hiring criterion created was justified as job related and consistent with business necessity

4. Which of the following would NOT be considered a sex-plus policy issue?
a. hiring women only after they have gone through menopause
b. requiring men, but not women, over 40 years old to have annual physicals
c. hiring male newlyweds but not hiring female newlyweds
d. asking men and women about childcare arrangements during a pre-employment interview
e. none of the above

5. xxA female teacher who worked for a school district alleged that she was discriminated against and denied tenure because she was a young mother who her superiors felt could not do a good job and be a good mother simultaneously.
a. the teacher was successful because they proved that in the year Back was hired, 85% of the teachers employed were women and 71% of these women had children
b. the school district was successful because Back did not prove or even allege that males with children were treated more favorably than she was treated
c. Back was successful because a jury could find that the justifications for the negative tenure recommendation and evaluation offered by Back’s superiors were pretextual and that discrimination was a motivating factor for the negative recommendation
d. Back was successful because Hastings did not establish that not having young children was a legitimate BFOQ for her administrative position

6. Which of the following is true regarding grooming and appearance standards for employees?
a. applying different standards to men and women does not automatically constitute sex-plus discrimination
b. standards that are sex-stereotypical in nature are likely to be discriminatory
c. dress requirements that result in harassment are likely to be discriminatory
d. all of the above
e. none of the above

7. The use of subjective criteria by employers:
a. is legal as long as the criteria can be systematically measured and quantified
b. tends to result in the hiring of fewer African-Americans and Latinos
c. requires a formal validation study to be conducted if the criteria produce adverse impact
d. all of the above
e. none of the above

8. Which of the following statements is most correct regarding the interviewing process:
a. the degree of subjectivity in interviewing applicants tends to be low
b. the use of a structured interview may provide more uniform results, and fewer charges of discrimination
c. the degree of subjectivity in interviewing applicants tends to be uniform
d. interviewers generally know when they are responding negatively based on stereotypes

9. Trends in jobs and hiring criteria raise new legal questions because:
a. increased emphasis on “soft skills” that are assessed subjectively limits employment opportunities for persons of color
b. increased emphasis on flexible job descriptions and teamwork limits employment opportunities for older workers
c. increased emphasis on organization-fit limits employment opportunities for disabled persons
d. all of the above
e. none of the above

10. The bona fide seniority system (BFSS) defense:
a. applies to facially discriminatory policies or practices
b. will not succeed if it results in the limitation of employment opportunities for lower seniority women or persons of color
c. is one of two statutory defenses to discrimination charges included in Title VII
d. all of the above
e. none of the above

11. Which of the following is an element necessary to establish the existence of a contract?
a. a written document signed by both parties and reviewed by lawyers
b. a written document signed by both parties and whether reviewed by lawyers or not
c. face to face negotiations over contract terms
d. a clear offer and acceptance of the offer

12. Promissory estoppel claims:
a. arise when employment contracts are breached
b. require evidence of intent to deceive
c. require reasonable reliance on a clear promise
d. all of the above
e. none of the above

13. xxIn Everson v. Michigan Department of Corrections, the defendant claimed that hiring
only female Corrections and Residential Housing Unit Officers was justified as a BFOQ.
The court:
a. agreed based on prisoner’s privacy concerns
b. agreed based on prisoner’s preference concerns
c. disagreed based on perceived security concerns
d. disagreed because there were reasonable alternatives shown that would allow both men and women to perform the officer positions without adversely affecting the institution or the prisoners

14. “Glass ceilings”:
a. are primarily a problem for women rather than persons of color
b. have been the focus of enforcement actions by the OFCCP
c. are primarily a problem in the financial sector
d. all of the above
e. none of the above

15. Regarding promotions, which of the following would NOT constitute good information and advice for managers?
a. assessing who is eligible for a promotion may begin with the jobs to which people are assigned when they are hired
b. training and development programs should be developed, and made available to all
c. since not all are qualified to be promoted, it is not advisable to post or announce possible promotion opportunities; rather one should advise only the people who may be qualified
d. one should consider applications for promotion from all who are interested, even if they do not appear to qualify.

16. Which of the following statements is NOT true as to discrimination against caregivers?
a. sex stereotyping is a common form of discrimination against caregivers
b. the EEOC has highlighted the issue of discrimination against caregivers
c. “caregiver” is a new protected class under EEOC guidelines
d. disparate treatment is the most common form of discrimination against caregivers

17. You are the manager of your division at a large technology firm, and have been waiting to get approval to hire a new person. You have someone in mind: your long-time friend and college roommate, who you know would be a terrific fit with your team. But you are also aware that the company wants to increase its diversity, especially with regard to women. You worry about this, since your team is all male, and adding a woman would change the dynamics considerably. You’ve now advertised the new position, as required, and the two best candidates are your friend, and a Latina woman you have never met before. Neither candidate has met your team. Of the following, which would be the best decision?
a. hire your friend; you know he’ll fit with the current team
b. hire the woman; the firm will be happy that you’ve improved diversity
c. have both candidates meet with your team, each one separately, and get their input on the candidates; then decide based on their preference
d. have both candidates meet with your team, each one separately, and get their input on the candidates; then make the decision on your own, objectively

18. Your firm has been repeatedly accused of discrimination, and your boss, knowing that you just graduated from college with a degree in Management, and a certificate in Human Resources Management, has asked you to review the company’s practices and procedures with regard to hiring and promotion, and eliminate those that could lead to discrimination. Which of the following practices would likely lead to discrimination?
a. evaluating candidates based upon technical skills (30%) and interviews (70%)
b. having the interviewers meet as a group to “coordinate” their interview scores
c. weighting the answers to some questions over others
d. all of these would likely lead to discrimination
e. none of these would likely lead to discrimination

19. With regard to the situation in # 18, above, which of the following practices would you recommend to help avoid discrimination, and what is the basis for your recommendation?
a. change the weight given to the evaluation of candidates to rely more heavily on technical skills than on the interview, because this would make the assessment more objective
b. do not allow the interviewers to change their scores developed during the interview, as this will remove score manipulation
c. continue to weight the answers to those questions which are more important, because this is necessary to acquiring compatible workers, and does not discriminate
d. all of these would help avoid discrimination
e. only a and b would help avoid discrimination

20. Your firm has been wanting to hire another engineer for some time, and your supervisor has just made an offer to someone from out of state. The hiree is in the process of selling his house, and moving his family to your city. But you are well aware that the economic downturn has sharply curtailed business, and you don’t see how the current level of business can support another engineer. In fact, you are all a little concerned about layoffs. You know that your supervisor also knows all of this, but he has told you that he won’t withdraw the offer until he absolutely has to. By that time, the hiree may well have sold his home and moved his family, but have no new job with your firm. If the offer is withdrawn under these circumstances, and the hiree sues, which causes of action, if any, might be successful?
a. breach of contract and promissory estoppel
b. promissory estoppel and fraud
c. fraud only
d. breach of contract only
e. none of these

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Rather than use protected class characteristics to identify persons with desired abilities, employers should find more individualized means of assessing job-related abilities.

b. Employers must not exclude older employees from safety-sensitive jobs based on assumptions about health status, unless there is evidence that older employees pose greater risk and it is not feasible to adequately assess the health of individuals.

c. Employers must not establish employment requirements that apply to one protected class group but not others.

d. Employers should give substantial weight to subjective assessments only if they are specific and clearly grounded in statements or actions of job candidates.

e. Employers should, with the help of legal counsel, put employment offers in writing.

2. What rules and procedures should employers establish with regard to interviews of job applicants?