HRM 510 Week 5 Midterm Exam –
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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
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