Question 1 (5 points)
Employers must adopt policies accommodating LGBT employees in the workplace. It is the right thing to do, and besides non-LGBT employees don't have any real basis for disagreeing with such a policy.
Question 1 options:
1) True
2) False
Question 2 (5 points)
An individual reporting sexual harassment may request that their alleged harasser not be informed of the investigation out of fear of retaliation. The employer should not agree to this, and the alleged harasser should be informed of the investigation so that his/her side of the story is on the record too.
Question 2 options:
1) True
2) False
Question 3 (5 points)
If an employee develops a religious conflict during the course of his employment (i.e., it was not present when he first worked for the employer), then the employer is under no duty to find an accommodation for that employee's religious belief.
Question 3 options:
1) True
2) False
Question 4 (5 points)
Workers' compensation laws are generally no-fault, which means that workers injured on the job are entitled to recover from their injuries without having to prove who is at fault.
Question 4 options:
1) True
2) False
Question 5 (5 points)
Under the Equal Pay Act, the content of the job, rather than the job title or description, determines the comparison of whether two jobs are substantially the same.
Question 5 options:
1) True
2) False
Question 6 (5 points)
The Genetic Information Nondiscrimination Act (GINA) prohibits employers from collecting genetic information and from considering someone's genetic background in any employment-related decisions such as hiring or firing.
Question 6 options:
1) True
2) False
Question 7 (5 points)
The National Labor Relations Act created the National Labor Relations Board, an independent federal agency.
Question 7 options:
1) True
2) False
Question 8 (5 points)
The ADEA permits younger employees to pursue a kind of "reverse-discrimination" lawsuit, alleging that they were discriminated against in favor of an older worker.
Question 8 options:
1) True
2) False
Question 9 (5 points)
An individual must have an actual disability in order to be protected under the ADA.
Question 9 options:
1) True
2) False
Question 10 (5 points)
In hostile work environment sexual harassment any incident, no matter how seemingly small or insignificant, can constitute sexual harassment.
Question 10 options:
1) True
2) False
Question 11 (5 points)
In general, federal employees are permitted to bargain over wages, hours and benefits, but cannot bargain over things like the numbers, types and grades of positions.
Question 11 options:
1) True
2) False
Question 12 (5 points)
Prior to the Civil Rights Act of 1964, it was common for states to have laws that limited or prohibited women from working at certain jobs, under the theory that such laws were for the protection of women.
Question 12 options:
1) True
2) False
Question 13 (5 points)
ERISA (the Employee Retirement Income Security Act) contains provisions affecting retirement and welfare plans.
Question 13 options:
1) True
2) False
Question 14 (5 points)
Employers need to be concerned with the possibility of religious harassment in the workplace —for example, nonreligious employees complaining that they are being harassed by religious employees.
Question 14 options:
1) True
2) False
Question 15 (5 points)
The Defense of Marriage Act (DOMA) defined marriage, for federal purposes, as between any two individuals, regardless of their gender identities or sexual orientations.
Question 15 options:
1) True
2) False
Question 16 (5 points)
Fetal protection policies are designed to protect pregnant employees or their fetuses. They do not provide protection for men, even where a man may be adversely impacted by the same condition.
Question 16 options:
1) True
2) False
Question 17 (5 points)
The requirement of reasonable accommodation for a disabled employee means that an employer must create a new job, modify a full-time position to create a part-time position, or modify the essential functions of the job.
Question 17 options:
1) True
2) False
Question 18 (5 points)
In states that have not waived sovereign immunity, state employees are barred from suing their employers under ADEA.
Question 18 options:
1) True
2) False
Question 19 (5 points)
The Taft-Hartley Act identifies and prohibits unfair labor practices that can be committed by unions.
Question 19 options:
1) True
2) False
Question 20 (5 points)
Doug occasionally compliments his secretary when he arrives at the office, saying things like, "Mrs. Woods, you look nice today," or "That's a nice dress." In this case, Mrs. Woods would not have a claim for sexual harassment.
Question 20 options:
1) True
2) False
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Question 21 (5 points)
ADEA has strict recordkeeping requirements for employees and applicants.
Question 21 options:
1) True
2) False
Question 22 (5 points)
If a state child labor law is stricter than the federal law, the federal law supersedes the state law.
Question 22 options:
1) True
2) False
Question 23 (5 points)
One of the factors that the courts will look at when deciding if an employer has reasonably accommodated an employee's religious conflict is whether other employees are willing to assist in the accommodation.
Question 23 options:
1) True
2) False
Question 24 (5 points)
The Lewisburg Fire Department advertisement advertises for individuals to be a part of its next academy class. The ad states that applicants must be at least 5'8", and must be capable of carrying at least 100 lbs up a series of 6 steps. The Lewisburg Fire Department will not have any Title VII gender discrimination issues since neither criteria is gender related.
Question 24 options:
1) True
2) False
Question 25 (5 points)
Sexual harassment claims are covered under Title VII even if employees are of the same gender; however harassment based on sexual orientation is not covered under Title VII.
Question 25 options:
1) True
2) False
Question 26 (5 points)
An employer will not be held responsible under the Occupational Safety and Health Act (OSHA) for workplace hazards or injuries where the harm is the result of reckless behavior by an employee.
Question 26 options:
1) True
2) False
Question 27 (5 points)
Sexual harassment class action trials are rare mainly because:
Question 27 options:
1) most cases are settled rather than litigated as a means of avoiding bad publicity and the possibility of even greater damages if the matter goes to trial.
2) the Equal Employment Opportunity Commission has limited power to enforce sexual harassment claims.
3) the Civil Rights Act of 1991 is not clear about what constitutes sexual harassment and what does not.
4) claimants are not entitled to any compensatory damages on winning the claim.
Question 28 (5 points)
Carrie, aged 59, is employed as a makeup artist with a local department store. The company hires a new manager, Roger. Roger fires Carrie and gives her job to Kellie, aged 42. Under the Age Discrimination in Employment Act, Carrie:
Question 28 options:
1) does not have a valid claim because Carrie's replacement must be at least 20 years younger than Carrie.
2) has a valid claim because the employer did not correctly apply the provisions of the Old Workers' Benefit Protection Act.
3) has a valid claim even though her replacement is a member of the protected class.
4) does not have a valid claim because the person who hired her is not the one who fired her.
Question 29 (5 points)
An employee may successfully sue for religious discrimination on the basis of all of the following except:
Question 29 options:
1) the employee is terminated because the employee refuses to work on a particular day because it is their Sabbath
2) the employee refuses to pay employment-based taxes because they believe that the government does not have the right to collect them
3) the employee believes their religion requires them to dress in a particular way and they are terminated for not following the employer's dress code
4) the employee is denied a request to take certain days off that represent religious holidays
Question 30 (5 points)
Katie is a qualified carpenter who works for Kent Construction Inc. Kent Construction is losing business as most clients do not like the idea of female construction workers working on their project. They often complain that they cannot trust the work of a female employee. On this basis, Kent Construction fires Katie. Which of the following statements is true in this situation?
Question 30 options:
1) Kent Construction is not liable for gender discrimination as it can use the bona fide occupational qualification defense.
2) Kent Construction is liable for gender discrimination because Katie was hired for a job that requires being male as a bona fide occupational qualification.
3) Kent Construction is not liable for gender discrimination because of the business necessity defense.
4) Kent Construction is liable for gender discrimination as customer preference is not a legitimate reason to discriminate against employees.
Question 31 (5 points)
Which of the following statements is true of the Age Discrimination in Employment Act?
Question 31 options:
1) It only protects employees over 60 from discrimination.
2) It does not provide protection from reverse discrimination.
3) It only allows employees to pursue a claim if an employer discriminated against all of its older workers.
4) It is less lenient than Title VII of the Civil Rights Act of 1964 regarding the latitude afforded employers' reasons for adverse employment decisions.
Question 32 (5 points)
The term essential functions of a job, as used in the Americans with Disabilities Act (ADA), best refers to:
Question 32 options:
1) those tasks that are fundamental, and not marginal or unnecessary, to fulfillment of the job's objectives.
2) tasks so designated by the Equal Employment Opportunity Commission (EEOC).
3) those tasks that are required to be performed in case of any emergencies.
4) tasks so designated by an employer as ancillary to the achievement of the job's long-term goals.
Question 33 (5 points)
Each scenario below illustrates a worker who is terminated or demoted. Which scenario does NOT seem to be covered under the ADEA?
Question 33 options:
1) Sally's supervisor announces one day that he cannot stand all of the "menopausal" women in the room. Two days later, Sally (age 47) and two other employees over age 40 were fired.
2) Rhoda, age 41, was demoted from lead operator to a subordinate position. A male operator, age 32, with less experience was promoted to the position of lead operator.
3) Reggie, age 46, was terminated because his job was going to be eliminated. He later learns that another employee, age 34, was offered the job at approximately the same rate of pay.
4) Fun Times, a toy company, fires Alan, an employee who just reached age 30, because they feel he is too old to connect with the toy market.
Question 34 (5 points)
Laura applies for the job of a firefighter. She is 5 feet 2 inches tall and weighs 110 pounds. Laura is denied the position because she does not meet the height and weight requirements. The fire department's height and weight requirements are:
Question 34 options:
1) not discriminatory because firefighters have mostly been tall.
2) discriminatory if it can be shown that height and weight requirements are a business necessity. (Incorrect)
3) not discriminatory because Title VII of the Civil Rights Act of 1964 does not cover jobs such as guards, police officers, and firefighters.
4) discriminatory if it can be shown that the requirements are not directly correlated to ability to do the job.
Question 35 (5 points)
Mr. Tompkins of Lawlor& Tompkins Law Firm was conducting an interview for a junior associate attorney. He asked Macy, an applicant, if she was married and when she intended, if ever, to have children. His second interview was with Scott. He did not ask Scott either of these questions. Which of the following is true in this situation?
Question 35 options:
1) Macy has a claim for gender discrimination as it is illegal to ask questions in a job interview that are only asked of one gender.
2) Macy does not have a claim for gender discrimination because she was not yet employed by the law firm.
3) Macy has a claim for gender discrimination only if she in unmarried.
4) Macy does not have a claim for gender discrimination because of the bona fide occupational qualification defense available to employers.
Question 36 (5 points)
Employers must promptly consider an employee's request for accommodation. Factors the courts look to in determining whether the employer has been timely include all of the following except:
Question 36 options:
1) what the employee did during the delay, i.e., how well did the employee function during the period of the delay
2) whether the accommodation requested was simple, or more complex
3) length of the delay
4) whether the employee contributed to the delay
Question 37 (5 points)
The Older Workers Benefit Protection Act (OWBPA) requires that a signed waiver of an employee's rights to file a claim under the ADEA be "knowing and voluntary". To be considered "knowing and voluntary", the waiver must satisfy each of the following requirements except:
Question 37 options:
1) in exchange for signing the waiver, the employee must receive consideration in addition to that which he is already entitled to
2) the waiver must specifically refer to ADEA rights or claims.
3) the waiver must be signed in the presence of two independent witnesses and a notary public.
4) the employee has sufficient time to review the waiver, and is directed to consult with an attorney before signing.
Question 38 (5 points)
Which type of workplace injury must be reported to OSHA within eight (8) hours of occurrence?
Question 38 options:
1) An injury requiring immediate transport to a hospital
2) An injury requiring an employee to change jobs
3) A workplace fatality
4) An injury requiring any sort of medical treatment
Question 39 (5 points)
Which of the following groups may be responsible for sexual harassment in a workplace (i.e., are the "harassers")?
Question 39 options:
1) Coworkers
2) Clients or customers
3) Supervisors or managers
4) All of the above
Question 40 (5 points)
In the context of unwelcome sexual activity, if the activity started out being consensual and one employee calls a halt to it and the other continues:
Question 40 options:
1) it cannot be termed sexual harassment as it was once consensual in nature.
2) it is sexual harassment only if the harassee is a female employee.
3) it can become sexual harassment at the time the activity is no longer consensual.
4) it is sexual harassment as the law strives to totally devoid workplaces of sexuality.
Question 41 (5 points)
Charles, aged 63, was a manager at the Exotic Wood Corp. His supervisor, Dee, frequently made derogatory age-related comments about Charles to other workers. Dee encouraged Charles' co-workers to be uncooperative toward him and not talk to him as she believed that older people gossip a lot and reduce productivity. Charles filed a complaint under the Age Discrimination in Employment Act against Dee. In this case, Charles can make a prima facie case for ________.
Question 41 options:
1) hostile environment
2) Disparate impact discrimination (Incorrect)
3) quid pro quo
4) reverse discrimination
Question 42 (5 points)
Which of the following groups of employees are NOT covered by the FLSA?
Question 42 options:
1) Federal, state and local government employees
2) Employees of a small business (generating $250,000 per year) producing goods for interstate commerce
3) Full-time and part-time employees of a business involved in interstate commerce
4) Employees of a hospital making less than $500,000
Question 43 (5 points)
The three possibilities for a disability determination under the ADA include all of the following except:
Question 43 options:
1) a record of a physical or mental impairment that substantially limited a major life activity
2) when an employer takes an action prohibited by the ADA because of an actual or perceived impairment that is not both transitory and minor
3) a physical or mental impairment that substantially limits one or more of the major life activities of an individual
4) a physical or mental impairment that is not known to an individual's physician and rarely impacts that individual's work or family life
Question 44 (5 points)
Shayna, a Jewish woman, applied for a baker's job with the Golden Crust Bakery. After she was hired, Shayna told her manager at Golden Crust that she could not work on Friday night because the Sabbath begins on Friday night. The manager replied that she was the only Jewish baker, and all of the other bakers work on Friday night. He also added that she would be fired if she refused to comply with company policies. Which of the following is most likely to be true in this case?
Question 44 options:
1) Shayna does not have a claim for religious discrimination because she did not inform Golden Crust that she was Jewish when she applied for the job.
2) Shayna has a claim for religious discrimination because Golden Crust has no other Jewish employees.
3) Shayna has a claim for religious discrimination because Golden Crust failed to make an attempt to reasonably accommodate her religious practice.
4) Shayna does not have a claim for religious discrimination because she did not provide a suggestion as to how her religious practice could be accommodated.
Question 45 (5 points)
The requirements for hostile work environment sexual harassment include all of the following except:
Question 45 options:
1) the employee does not like the project they were just assigned.
2) the harassment is based on gender.
3) the harassment is not welcomed by the employee.
4) the employer has knowledge of the harassment but took no action.
Question 46 (5 points)
How will the Employment Nondiscrimination Act (ENDA) affect Title VII of the Civil Rights Act of 1964 if enacted?
Question 46 options:
1) It will provide employers with greater flexibility in making workplace policies and decisions related to LGBT employees.
2) It will omit same-gender sexual harassment from Title VII's protection.
3) It will make gender reassignment surgery illegal under Title VII.
4) It will extend Title VII's coverage to include discrimination on the basis of sexual orientation and gender identity.
Question 47 (5 points)
Roger is a customer service representative at FlyAway Airlines. He confided in one of his co-workers that he tested positive for HIV, but the co-worker spread the news around the office. Soon, several of Roger's co-workers ostracized him and refused to work with him. He was also constantly subjected to verbal abuse by his co-workers. Roger reported these incidents to his supervisor, and his supervisor fired him. Which of the following holds true in this case?
Question 47 options:
1) Roger has a claim for hostile work environment harassment under the Americans with Disabilities Act because he did not request any accommodations from his employer.
2) Roger does not have a claim for hostile work environment harassment under the Americans with Disabilities Act because the act does not cover employees working for private employers.
3) Roger has a discrimination claim based on hostile work environment under the Americans with Disabilities Act because FlyAway took an adverse employment action by firing him.
4) Roger does not have a discrimination claim based on hostile work environment under the Americans with Disabilities Act because his disability is not outwardly evident.
Question 48 (5 points)
A management security clause gives an employer the right to:
Question 48 options:
1) require the union to represent all employees fairly and without discrimination based on union membership.
2) run the business and make appropriate business decisions as long as management complies with applicable laws and agreements.
3) require employees to sign an agreement stating that they do not belong to an union and will not join one.
4) refuse to sign a written agreement to which the contracting parties orally agreed.
Question 49 (5 points)
Title VII (of the Civil Rights Act of 1964) requires employers to accommodate an employee's religious practices and beliefs:
Question 49 options:
1) to the extent that the religion is recognized by society.
2) provided the employee gives an assurance in writing that his or her practices will not affect the policies of the company.
3) provided the employee can produce a member of the clergy who will vouch for the religious practices and beliefs.
4) to the extent that it does not cause undue hardship.
Question 50 (5 points)
There is no federal legislation protecting LGBT employees from employment discrimination. However:
Question 50 options:
1) Employers need to be aware that Title VII of the Civil Rights Act prohibits same-gender sexual harassment based on sexual orientation. (Incorrect)
2) they cannot be prevented by employers from wearing clothing, jewelry, or makeup of their choice.
3) employers need to be aware that state and local ordinances may prohibit job discrimination against homosexuals.
4) they can use the bona fide occupational qualification defense to make a discrimination claim.
Question 51 (5 points)
The piece of legislation that established the right of employees to form unions, to bargain collectively, and to strike is the:
Question 51 options:
1) Norris-LaGuardia Act
2) National Labor Relations Act
3) Landrum-Griffin Act
4) Taft-Hartley Act
Question 52 (5 points)
Steven, an environmental enthusiast, volunteers to work as an intern at Green Trees, a non-profit organization dedicated to environmental protection. Green Trees hires Steven without any pay. Which of the following is most likely to be true in this case?
Question 52 options:
1) Green Trees is required to guarantee Steven a job at the conclusion of his internship if he is not being paid during the internship period.
2) Green Trees may not be required to pay Steven any overtime compensation, but it is required to pay him a minimum wage for his services.
3) Green Trees violated the Fair Labor Standards Act because it is legally required to pay all hired employees.
4) Green Trees did not violate the Fair Labor Standards Act because unpaid internships at non-profit charitable organizations are generally permissible.
