Test 1
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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| show | Substantively unconscionable
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| US employment law is | show 🗑
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| show | -Taking action to avoid or prevent employment disputes
-Enforcing legal requirements governing employment law
-Recognizing and analyzing employment law issues
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| In Shero v Grand Savings Bank, an employee was sued by the city (a bank customer) and countersued. His employer, the bank demanded that he withdraw his suit. He refused and was fired. The court ruled: | show 🗑
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| show | Unenforceable
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| An employer considering whether to use mandatory arbitration agreements to resolve employment disputes should be concerned about which of the following? | show 🗑
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| show | NONE OF THESE
-a company chosen arbitrator who works for the company
-great reduced remedies for any violation, in order to save the firm money
-a sizeable filing fee an employee must pay, inorder to keep down the number of requests for arbitration
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| Which of the following factors is relevant in determining what employment laws apply to a business? | show 🗑
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| show | the burden of proof
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| show | ALL OF THESE
-a way to decide cases without resorting to statute
-a way of providing consistency in court rulings
-the foundation of the common law
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| show | a standard of review
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| show | discovery
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| show | summary judgement
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| Legal term for a request by a party to a lawsuit for the judge to make a certain ruling or take certain action is known as | show 🗑
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| show | A&C ONLY
-It's cheaper
-The independent contractor has fewer rights under law than an employee
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| Regarding employees, actions within the scope of employment are those which | show 🗑
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| show | employees were eligible for pensions while independent contractors were not
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| 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 | show 🗑
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| Regarding independent contractor (IC) agreements, which of the following statements is NOT true? | show 🗑
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| 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, in | show 🗑
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| In Vincent v Brewer, the female employee who was fired and replaced by a more qualified male employee, lost in the court below when summary judgment was entered for her employer. Upon appeal, the court decided: | show 🗑
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| show | the focus is on showing that discriminatory treatment occurred over time
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| show | Race, color, religion, sex, national origin, age, disability
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| Which of the following is a protected class characteristic? | show 🗑
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| This kind of discrimination claim alleges that plaintiff was a member of a protected class who was qualified, but not hired, while another was hired. | show 🗑
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| 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. | show 🗑
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| show | False
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| show | the focus is on showing the discriminatory effects of the employer’s actions
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| show | Retaliation
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| show | proof that the employer intended to discriminate
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| This kind of discrimination claim alleges a seemingly neutral policy which has a discriminatory effect. | show 🗑
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| In disparate treatment cases: | show 🗑
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| Which of the following must be shown in order to establish a prima facie case of retaliation? | show 🗑
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| show | punishment of an employee's exercise of legal rights
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| show | there is an alternative practice that would have less discriminatory effects, but the employer declines to use it
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| The protected classes under the ORIGINAL Title VII law and other federal non-discrimination laws are: | show 🗑
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| Which of the following must a plaintiff show in rebuttal in a pretext case if the defendant has offered evidence to show cause for an adverse employment action? | show 🗑
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| Which of the following is true regarding discrimination | show 🗑
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| show | applies to employers that have 15 or more employees
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| This kind of discrimination claim can be proven by statistical data showing discrimination over a long period of time | show 🗑
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| Regarding medical inquiries in a job interview, it is correct to say that: | show 🗑
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| show | ALL OF THESE ARE MEDICAL INQUIRIES
-Previous illness
-Previous injury
-Previous worker's compensation claims
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| Determining whether discrimination has occurred during recruitment requires an analysis of: | show 🗑
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| Which of the following inclusions in a want ad would be least likely to be considered discriminatory? | show 🗑
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| One may inquire about an applicant's protected status, as long as it is done indirectly. | show 🗑
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| show | tend to produce discriminatory effects unless the employer's workers are already diverse
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| show | people tend to associate with others like themselves
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| show | the wording of job announcements and ads must be neutral
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| show | not inquire about protected class characteristics
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| Employers who have put into action an Affirmative Action plan may track their progress by means of: | show 🗑
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| show | EMPLOYER MAY DECIDE ALL OF THESE
-period of time for which applications will be accepted
-what must be done to apply
-whether applications will be accepted
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| show | anti-discrimination laws do not apply to employment agencies
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| Employers conducting an interview for an open position: | show 🗑
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| Sex-linked job titles are | show 🗑
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| show | It’s NOT a good idea. Noting the protected class characteristic of the applicant on the application could be construed as discriminatory
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| show | ALL OF THESE
-placing an ad for a waitress
-placing an ad for a waiter
-placing an ad asking for a recent college grad
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| show | a false representation of a material fact
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| show | the protected class composition of the qualified available workforce
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| "Neutral wording" is defined as: | show 🗑
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| show | information about one's creditworthiness, reputation and character
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| Foreseeable is defined as | show 🗑
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| show | ALL OF THESE
-employee gave his consent for the employer to make the statement
-the statement was within the employer's qualified privilege
-the statement was truthful
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| show | ANY OF THESE MIGHT CONSTITUTE KNOWLEDGE
-employer would have known employee was unfit if it did a background check
-employer knew employee was unfit
-employer should have known the employee was unfit
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| show | ALL OF THESE
-signed consent by an applicant authorizing former employer to provide info
-negotiated letter of reference for an employee who is leaving
-a name, rank and serial number reference
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| Under the Fair Credit Reporting Act, employers must do which of the following? | show 🗑
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| In order to authorize an employer to get an applicant's credit report, the firm needs to include a short note authorizing this on the application. | show 🗑
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| This common law doctrine makes employers liable for the wrongdoing of their employees while acting within the scope of the employment | show 🗑
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| show | employers should consider the seriousness, recentness, and job-relatedness of convictions before denying employment on that basis
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| show | NONE OF THESE ARE TRUE
-employers must obtain an applicant's consumer credit report
-employers must always perform a criminal background check
-employer must always conduct a thorough background check before hiring
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| show | checking an applicants marital status
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| show | ALL OF THESE
-statement was truthful
-employee consented to employer making the statement
-the statement was within the employer's qualified privilege
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| In Ponticas v. K.M.S. Investments, the resident of an apartment was sexually assaulted by the apartment manager. The manager had been hired quickly and with only a credit check. The court ruled that: | show 🗑
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| In Sigal Construction v. Stanbury, a project manager sued because statements made by his former employer in providing a reference untruthfully minimized his abilities. The court ruled that: | show 🗑
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| show | His background check should be based on the type of job he is looking to fill
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| In labor law, random drug testing is a mandatory topic of bargaining if requested by either party. | show 🗑
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| Under the Americans with Disabilities Act, an employee who has been treated for drug addiction and is no longer using illegal drugs is considered "disabled" under teh ADA | show 🗑
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| A polygraph test measures changes in physiological responses. | show 🗑
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| show | TRUE
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| show | grouping similar scores together and viewing them as equivalents
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| Which of the following is true regarding medical exams under the ADA? | show 🗑
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| EEOC's "four-fifths" rule is | show 🗑
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| Content validation studies: | show 🗑
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| "Banding" of test scores means: | show 🗑
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| show | paper and pencil honesty test
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| show | based on the specific skills or knowledge needed for the job being applied for
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| Smart practice regarding drug testing would include: : | show 🗑
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| An HIV test is or is not a medical examination | show 🗑
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| show | content validation and criterion validation
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| With regard to HIV testing, employers should or should not perform HIV tests. | show 🗑
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| show | is not
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| Which of the following is NOT a requirement of most state drug-testing laws? | show 🗑
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| A medical exam is | show 🗑
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| Krieg v Seybold, the City's policy called for random, unannounced drug tests of all streets and santation workers. One worker refused, since he did not drive the kind of equipment which required mandatory testing, and did not have a CDL. was fired & sued | show 🗑
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| Lanier v City of Woodburn,applied for a part-time job as a page at the library. She was conditionally hired, and told she would have to take a pre-employment drug test. She refused, the offer of employment was withdrawn, and she sued. The court ruled: | show 🗑
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| show | subjective criteria
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| "Facially discriminatory" policies or practices are those which: | show 🗑
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| A subtle, but typical problem with the lack of promotion of women and minority candidates is | show 🗑
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| show | legal, but likely to vary across decision-makers
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| show | Casino because the policy did not constitute sex stereotyping, and was within the company's right to control its business image
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| show | that only persons with the specified protected class characteristic can do the job, and that the job is integral to the operation of the business
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| In Medina v Ramsey Steel, employee was three times turned down for promotion to a sales position, despite his experience, younger employees with no experience were promoted. The employer said he was unqualified. He sued, claiming age discrimination. | show 🗑
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| Regarding facially discriminatory policies or practice | show 🗑
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| A engineering firm offered a job to an engineer, who sold his house and moved to the location of the engineering firm, only to discover that the offer had been withdrawn. The engineer has a cause of action for: | show 🗑
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| show | BOTH OF THE ABOVE
A. encourage women and minorities to apply for promotions
B. examine the protected class characteristics of the positions from which promotions are made, to ensure that is diverse
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| EEOC v. Catholic Healthcare pregnant x-ray tech. Court ruled: | show 🗑
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| show | Sex-plus case
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| The use of subjective criteria by employers: | show 🗑
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| Match the term "sex-plus" to the phrase below which best defines or describes it. | show 🗑
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| show | one legal reason for recognizing a BFOQ
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| Match the term "facially discriminatory" to the phrase below which best defines or describes it. | show 🗑
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| Match the term "promissory estoppel" to the phrase below which best defines or describes it. | show 🗑
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Created by:
bnmitchell