Question 1

Which of the following was recognized by the U.S. Supreme Court in Oncale v. Sundowner Offshore Services, Inc., the case in the text addressing whether a plaintiff could prevail in a sexual harassment when the harassers were of the same sex?

Accepted Answer

A)   That same sex harassment states a claim under Title VII only if the harasser is a homosexual.
B)   That same sex harassment may never state a claim under Title VII.
C)   That same sex harassment may state a claim in the male to male context but not in the female to female context.
D)   That same sex harassment may state a claim under Title VII.
E)   That same sex harassment may state a claim only if there was also involvement by at least one person of the opposite sex in the harassment.F) A) and E)
G) None of the above

Question 2

Set forth the definition of sexual harassment as stated by the EEOC and accepted by the U.S. Supreme Court.

Accepted Answer

The definition of sexual harassment stat...

Question 3

Currently only one state prohibits discrimination on the basis of sexual orientation.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following consists of negotiations between an employer and a group of employees so as to determine the conditions of employment?

Accepted Answer

A)   Collective bargaining
B)   Mediation
C)   Arbitration
D)   Collusive dealings
E)   Mandatory negotiationsF) None of the above
G) A) and D)

Question 5

Which of the following does the National Labor Relations Board lack jurisdiction over?

Accepted Answer

A)   Employees covered by the Railway Labor Act
B)   Independent Contractors
C)   Agricultural workers
D)   Supervisors
E)   All of theseF) A) and E)
G) A) and D)

Question 6

In which of the following may men and women be paid different wages under the Equal Pay Act?

Accepted Answer

A)   When payment is made pursuant to a seniority system.
B)   When payment is made pursuant to a merit system.
C)   When payment is made pursuant to a system which measures earnings by quantity or quality of production.
D)   When payment is made pursuant to a seniority system, when payment is made pursuant to a merit system, and when payment is made pursuant to a system which measures earnings by quantity or quality of production.
E)   When payment is made pursuant to a seniority system or when payment is made pursuant to a merit system, but not when payment is made pursuant to a system which measures earnings by quantity or quality of production.F) A) and B)
G) C) and E) D

Question 7

Which of the following is true regarding an award of attorney fees under Title VII?

Accepted Answer

A)   Attorney fees are always awarded to the prevailing party in Title VII cases.
B)   Attorney fees are never awarded to the prevailing party in Title VII cases.
C)   Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust, but attorney fees are not awarded to prevailing defendants.
D)   Attorney fees are not awarded to prevailing plaintiffs; but if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney's fees to the prevailing defendant.
E)   Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust; and if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney's fees to the prevailing defendant.F) A) and E)
G) B) and C)

Question 8

Which of the following are laws governing labor-management relations in the U.S.?

Accepted Answer

A)   The Wagner Act
B)   The Taft-Hartley Act
C)   The Landrum-Griffin Act
D)   The Wagner Act, the Taft-Hartley Act, and the Landrum-Griffin Act
E)   The Wagner Act and the Taft-Hartley Act, but not the Landrum-Griffin ActF) A) and E)
G) D) and E)

Question 9

Reference - Surprise Arrival. Gracie was surprised and pleased to find she was pregnant. She worked as a waitress at Good Food and was aware that Groucho, her employer, had allowed employees who were ill for reasons that were not work related to take paid time off. For example, her friend Craig was off with pay for two months after suffering a mild heart attack, and her friend Bonnie was off of work for three months when she ran her personal watercraft into a dock and broke her leg. Gracie told her employer Groucho about her pregnancy. He very angrily told her that pregnancy was completely voluntary, that he was not paying her a dime when she was off work, and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. He also said that he serves families, and he does not want the kids to ask embarrassing questions of their parents regarding Gracie's condition. Gracie was very angry and threatened to sue. Groucho told her, however, that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII. The employee handbook did not address the issue. Which of the following is true regarding Groucho's comment that pregnancy-based discrimination is not covered by Title VII?

Accepted Answer

A)   He is correct, and pregnancy-based discrimination is not prohibited by federal law.
B)   He is correct in that pregnancy-based discrimination is not prohibited by Title VII, but it is prohibited by Title IV.
C)   He is incorrect because Title VII was amended in 1980 to include pregnancy within its protection.
D)   He is incorrect because Title VII was amended in 1987 to include pregnancy within its protection.
E)   He is incorrect because Title VII was amended in 1997 to include pregnancy within its protection.F) B) and D)
G) C) and D)

Question 10

The issue of whether a hostile work environment exists is only considered by the courts in the area of harassment based upon gender.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following are the categories protected by Title VII?

Accepted Answer

A)   Race and color
B)   Race, color, and religion
C)   Race, color, religion, and sex
D)   Race, color, religion, sex, and national origin
E)   Race, color, religion, sex, national origin, and ageF) C) and D)
G) B) and C)

Question 12

The National Labor Relations Board is the administrative agency that interprets and enforces the National Labor Relations Act.

Accepted Answer

A) True 
 B)False

Question 13

At what age does protection against age discrimination arise under the Age Discrimination in Employment Act?

Accepted Answer

A)   60
B)   50
C)   45
D)   40
E)   35F) A) and B)
G) A) and C)

Question 14

In the U.S. at-will employment applied in all states with no exceptions until ______________.

Accepted Answer

A)   1920
B)   1932
C)   1944
D)   1959
E)   1964F) A) and C)
G) A) and D)

Question 15

The Fair Labor Standards Act mandates that employees who are not excluded who work more than ______________ hours in a week be paid no less than one and one half times their regular wage for all the hours beyond ______________ that they work during a given week.

Accepted Answer

A)   30; 35
B)   35; 40
C)   40; 40
D)   45; 45
E)   50; 50F) A) and B)
G) C) and E)

Question 16

Reference - Surprise Arrival. Gracie was surprised and pleased to find she was pregnant. She worked as a waitress at Good Food and was aware that Groucho, her employer, had allowed employees who were ill for reasons that were not work related to take paid time off. For example, her friend Craig was off with pay for two months after suffering a mild heart attack, and her friend Bonnie was off of work for three months when she ran her personal watercraft into a dock and broke her leg. Gracie told her employer Groucho about her pregnancy. He very angrily told her that pregnancy was completely voluntary, that he was not paying her a dime when she was off work, and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. He also said that he serves families, and he does not want the kids to ask embarrassing questions of their parents regarding Gracie's condition. Gracie was very angry and threatened to sue. Groucho told her, however, that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII. The employee handbook did not address the issue. Which of the following is true regarding Gracie's entitlement to be paid for time she is medically required to be off for pregnancy?

Accepted Answer

A)   Gracie is not entitled to be paid because courts have ruled that while an employer cannot fire a pregnant employee based on the pregnancy, employers do not have to pay the employee for time off because pregnancy is a voluntary condition.
B)   Gracie is entitled to be paid because all employers covered by Title VII must pay employees for the time they are medically required to be off work for pregnancy.
C)   Gracie is entitled to some pay because employers covered by Title VII must pay employees half their pay for the time they are medically required to be off work for pregnancy.
D)   Gracie is entitled to be paid because employers under Title VII must treat temporary disability caused by pregnancy the same as any other temporary disability and Groucho paid other employees who were off based upon temporary disabilities.
E)   Gracie is not entitled to be paid because courts have ruled that employers only have to pay employees for time they are medically required to be off for pregnancy if the employee handbook provides for such payments.F) A) and C)
G) A) and B) D

Question 17

Which of the following are employers required to provide to plan participants under ERISA?

Accepted Answer

A)   Plan information (i.e., features and funding) .
B)   A grievance and appeals process for participants to get benefits from their plans.
C)   The right to sue for benefits and breaches of fiduciary duty.
D)   Plan information (i.e., features and funding) , a grievance and appeals process for participants to get benefits from their plans, and the right to sue for benefits and breaches of fiduciary duty.
E)   Plan information (i.e., features and funding)  and a grievance and appeals process for participants to get benefits from their plans, but not the right to sue for benefits and breaches of fiduciary duty.F) A) and B)
G) A) and C)

Question 18

Which of the following is true regarding discrimination based on sexual orientation?

Accepted Answer

A)   There is a federal law specifically prohibiting discrimination based on sexual orientation providing back pay, attorney fees, and punitive damages as available remedies.
B)   There is no federal law specifically prohibiting discrimination based on sexual orientation, but it is considered by most courts to be included within Title VII's ban of discrimination based on gender.
C)   There is a federal law specifically prohibiting discrimination based on sexual orientation, but it only provides for back pay as an available remedy.
D)   There are no federal and no state laws specifically prohibiting discrimination based on sexual orientation.
E)   While there is no federal law specifically prohibiting discrimination based on sexual orientation, some states do have laws prohibiting discrimination based on sexual orientation.F) A) and B)
G) C) and D)

Question 19

Reference - Dogs and Formals. Paul owns a dog grooming business and needs patient people to work there. He gives all applicants a test he obtained from a management firm that has been proven to measure psychological traits such as patience. Penny alleges sex discrimination after she fails the test miserably and Paul refuses to hire her. Paul tells her that there is no way he is giving her a dime because he is entitled to protect his client's dogs. Upon learning that her state lacked a state office representing the Equal Opportunity Commission, Penny immediately sues him in federal court alleging a violation of Title VII. Paul, who is getting tired of the dog grooming business, also opens a new formal wear shop and needs to hire employees there as well. He wants to appeal to high-school and college age young ladies attending proms and formals. Paul decides that he does not want older sales clerks to assist in choosing formal dresses. He only wants young, attractive ones. Paul runs an ad in the local paper seeking applicants for sales clerks and stating that a qualification for the job is computer training while in high school. Tina, age 60, applies and tells Paul that while she sees no reason that computer training should be required, she attended computer training in adult education and has excellent computer as well as sales skills. Paul refuses to hire her telling her that unless he follows the ad, he may be seen as practicing discrimination. Deciding that formal wear is more trouble than dogs, Paul shuts down the formal wear store. Which of the following is true involving Paul's plan to require computer training in high school in order to eliminate older workers?

Accepted Answer

A)   He is not guilty of any violation without additional evidence of an intent to discriminate.
B)   He is not guilty of any violation because common sense tells us that younger people make better sales clerks.
C)   He is not guilty of any violation unless he can establish through a survey that most people prefer younger sales clerks.
D)   He is not guilty of any violation unless he can establish through a survey that most of the formal wear store's customers prefer younger sales clerks.
E)   He is guilty of violating the Age Discrimination in Employment Act.F) B) and D)
G) A) and D)

Question 20

Which of the following was the result on appeal in Brown v. Sabre, Inc., the case in the text in which the plaintiff sued on the basis that, after acquiring his employer's business, the new employer failed to honor its statement to employees that the company would honor accrued vacation benefits?

Accepted Answer

A)   That the acquiring employer was bound by federal law to honor the accrued vacation benefits regardless of whether it expressly promised to do so.
B)   That the acquiring employer was bound by federal law to honor the accrued vacation benefits only because it had initially agreed to do so.
C)   That the acquiring employer was bound by state law to honor the accrued vacation benefits regardless of whether it expressly promised to do so.
D)   That the acquiring employer was bound by state law to honor the accrued vacation benefits only because it had initially agreed to do so.
E)   That the acquiring employer was not bound to honor the accrued vacation benefits and had reserved the right in its employee handbook to change company policy.F) A) and E)
G) C) and D) E

Exam 24: Employment and Discrimination Law

Which of the following was recognized by the U.S. Supreme Court in Oncale v. Sundowner Offshore Services, Inc., the case in the text addressing whether a plaintiff could prevail in a sexual harassment when the harassers were of the same sex?

Correct Answer
verified

Set forth the definition of sexual harassment as stated by the EEOC and accepted by the U.S. Supreme Court.

Correct Answer
verified
The definition of sexual harassment stat...
View Answer

Currently only one state prohibits discrimination on the basis of sexual orientation.

Correct Answer
verified

Which of the following consists of negotiations between an employer and a group of employees so as to determine the conditions of employment?

Correct Answer
verified

Which of the following does the National Labor Relations Board lack jurisdiction over?

Correct Answer
verified

In which of the following may men and women be paid different wages under the Equal Pay Act?

Correct Answer
verified
D

Which of the following is true regarding an award of attorney fees under Title VII?

Correct Answer
verified

Which of the following are laws governing labor-management relations in the U.S.?

Correct Answer
verified

Correct Answer
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The issue of whether a hostile work environment exists is only considered by the courts in the area of harassment based upon gender.

Correct Answer
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Which of the following are the categories protected by Title VII?

Correct Answer
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The National Labor Relations Board is the administrative agency that interprets and enforces the National Labor Relations Act.

Correct Answer
verified

At what age does protection against age discrimination arise under the Age Discrimination in Employment Act?

Correct Answer
verified

In the U.S. at-will employment applied in all states with no exceptions until ______________.

Correct Answer
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The Fair Labor Standards Act mandates that employees who are not excluded who work more than hours in a week be paid no less than one and one half times their regular wage for all the hours beyond that they work during a given week.

Correct Answer
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Correct Answer
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D

Which of the following are employers required to provide to plan participants under ERISA?

Correct Answer
verified

Which of the following is true regarding discrimination based on sexual orientation?

Correct Answer
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Correct Answer
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Which of the following was the result on appeal in Brown v. Sabre, Inc., the case in the text in which the plaintiff sued on the basis that, after acquiring his employer's business, the new employer failed to honor its statement to employees that the company would honor accrued vacation benefits?

Correct Answer
verified
E

Exam 24: Employment and Discrimination Law

Which of the following was recognized by the U.S. Supreme Court in Oncale v. Sundowner Offshore Services, Inc., the case in the text addressing whether a plaintiff could prevail in a sexual harassment when the harassers were of the same sex?

Correct AnswerverifiedShow Answer

Set forth the definition of sexual harassment as stated by the EEOC and accepted by the U.S. Supreme Court.

Correct AnswerverifiedThe definition of sexual harassment stat...View AnswerShow Answer

Currently only one state prohibits discrimination on the basis of sexual orientation.

Correct AnswerverifiedShow Answer

Which of the following consists of negotiations between an employer and a group of employees so as to determine the conditions of employment?

Correct AnswerverifiedShow Answer

Which of the following does the National Labor Relations Board lack jurisdiction over?

Correct AnswerverifiedShow Answer

In which of the following may men and women be paid different wages under the Equal Pay Act?

Correct AnswerverifiedD

Which of the following is true regarding an award of attorney fees under Title VII?

Correct AnswerverifiedShow Answer

Which of the following are laws governing labor-management relations in the U.S.?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The issue of whether a hostile work environment exists is only considered by the courts in the area of harassment based upon gender.

Correct AnswerverifiedShow Answer

Which of the following are the categories protected by Title VII?

Correct AnswerverifiedShow Answer

The National Labor Relations Board is the administrative agency that interprets and enforces the National Labor Relations Act.

Correct AnswerverifiedShow Answer

At what age does protection against age discrimination arise under the Age Discrimination in Employment Act?

Correct AnswerverifiedShow Answer

In the U.S. at-will employment applied in all states with no exceptions until ______________.

Correct AnswerverifiedShow Answer

The Fair Labor Standards Act mandates that employees who are not excluded who work more than ______________ hours in a week be paid no less than one and one half times their regular wage for all the hours beyond ______________ that they work during a given week.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedD

Which of the following are employers required to provide to plan participants under ERISA?

Correct AnswerverifiedShow Answer

Which of the following is true regarding discrimination based on sexual orientation?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following was the result on appeal in Brown v. Sabre, Inc., the case in the text in which the plaintiff sued on the basis that, after acquiring his employer's business, the new employer failed to honor its statement to employees that the company would honor accrued vacation benefits?

Correct AnswerverifiedE

Correct Answer
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Correct Answer
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The definition of sexual harassment stat...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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D

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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The Fair Labor Standards Act mandates that employees who are not excluded who work more than hours in a week be paid no less than one and one half times their regular wage for all the hours beyond that they work during a given week.

Correct Answer
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Correct Answer
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D

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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E