Chapter 42. Employment Law
1. The Norris-La Guardia Act gave federal courts the power to issue injunctions in nonviolent labor disputes.
a. True
b. False
2. The Taft-Hartley Act protects the employer from unfair practices by the union.
a. True
b. False
3. The Equal Pay Act requires that employees of American Indian ancestry and employees of Italian ancestry be paid
equally for equal work.
a. True
b. False
4. The EEOC allows discrimination in employment because of differences in bona fide occupational qualifications.
a. True
b. False
5. The Rehabilitation Act prohibits discrimination on the basis of handicap in federal programs but does not require
federal contractors and agencies to take affirmative action to hire qualified handicapped persons.
a. True
b. False
6. The purpose of Federal Contract Compliance Programs is to require affirmative steps to provide opportunities for
handicapped people in federal programs.
a. True
b. False
7. The Norris-La Guardia Act prohibited “yellow dog contracts,” through which employers coerced their employees
into promising they would not join a labor union.
a. True
b. False
8. Social Security programs are funded completely through employer taxes.
a. True
b. False
9. Social Security now has four major benefit programs: OASI, DI, Medicare, and SSI.
a. True
b. False
10. Traditionally, labor law opposed concerted activities by workers to obtain higher wages and better working
conditions, and at various times such activities were found to constitute criminal conspiracy, tortious conduct, and
violation of antitrust law.
a. True
b. False
11. Unemployment insurance is funded by employer taxes; federal taxes generally pay administrative costs and state
contributions pay for the actual benefits.
a. True
b. False
12. An employer’s interference with the employee’s right to bargain collectively is not an unfair labor practice.
a. True
b. False
13. The LMRA prohibits the closed shop, although it permits the existence of a union shop.
a. True
b. False
14. Under the NLRA, an employer can legally refuse to bargain with the union as a means of applying economic
pressure.
a. True
b. False
15. Sexual harassment is covered by Title VII.
a. True
b. False
16. Title VII prohibits discrimination based on age.
a. True
b. False
17. A major defense to the Age Discrimination in Employment Act is compliance with a bona fide seniority system.
a. True
b. False
18. Title VII applies only to employers with 15 or more employees.
a. True
b. False
19. At common law, an employee at will can be dismissed either with or without cause at any time unless the employee
has a special circumstance, such as being represented by a labor union.
a. True
b. False
20. Although most statutory enactments relating to employment are federal laws, state statutes sometimes cover areas
of employment law.
a. True
b. False
21. In recent years, the courts have unanimously reinforced the common law doctrine of employment at will.
a. True
b. False
22. Workers’ Compensation Acts have been adopted by all states in an effort to provide speedier and more certain relief
to injured workers than was available through litigation.
a. True
b. False
23. Under the Federal Unemployment Tax Act, unemployment benefits are paid to workers who have lost their jobs,
usually through no fault of their own.
a. True
b. False
24. The FLSA is not the federal minimum wage statute.
a. True
b. False
25. Old-Age and Survivors Insurance is one of the programs under the Social Security system.
a. True
b. False
26. The Pregnancy Discrimination Act of 1978 extended the benefits of Title VII to pregnant women.
a. True
b. False
27. Once a plaintiff has established a prima facie case of discrimination on a disparate treatment theory, and the
defendant has articulated a legitimate and non–discriminatory reason for the discrimination, a plaintiff may still win.
a. True
b. False
28. The Civil Rights Act of 1991 provides that all victims of intentional discrimination, except victims of disparate impact,
can recover compensatory and punitive damages.
a. True
b. False
29. The Americans with Disabilities Act applies to all employers with ten or more employees.
a. True
b. False
30. In a disparate impact case, the Civil Rights Act of 1991 now provides that even if an employer can prove the
“business necessity” of a challenged employment practice, the plaintiff can still win if the employer’s interest could be
met in a non–discriminatory manner.
a. True
b. False
31. The ADA provides for remedies that are generally the same as those available under Title VII.
a. True
b. False
32. Privacy protection for employees is limited to remedies available in tort law.
a. True
b. False
33. Comprehensive federal legislation now governs drug and alcohol testing by employers.
a. True
b. False
34. The Constitution has recently been held to prevent all employers from subjecting employees to drug testing without
first obtaining a search warrant.
a. True
b. False
35. Under federal law, employers may require any employee to undergo a lie detector test.
a. True
b. False
36. The Pregnancy Discrimination Act protects the job reinstatement rights of women returning from maternity leave.
a. True
b. False
37. Employers are required to treat pregnancy like any other temporary disability.
a. True
b. False
38. The Americans with Disabilities Act requires businesses to make special accommodations for handicapped workers
and customers unless the cost is unduly burdensome.
a. True
b. False
39. Under the Americans with Disabilities Act (ADA), an employer may not use qualification standards, tests, or
selection criteria that screen out disabled workers.
a. True
b. False
40. The Fair Labor Standards Act regulates employment of child labor inside agricultural settings.
a. True
b. False
41. The Age Discrimination in Employment Act currently protects employees between the ages of:
a. 40 and 65.
b. 40 and infinity.
c. 50 and 65.
d. 18 and 70.
42. The basic enforcement mechanism of is a system of on-site inspections by safety and health inspectors.
a. OSHA
b. Social Security
c. workers’ compensation laws
d. FLSA
43. Social Security benefits are funded by:
a. legally required assessments on employers.
b. taxes paid by both employers and employees, or by self-employed persons.
c. the federal tax on corporations.
d. a combination of federal and state taxes.
44. Well-established defenses that were available to the employer for a negligence suit filed by injured employees at
common law included all of the following except:
a. the fellow servant rule.
b. contributory negligence on the part of the employee.
c. the employee’s assumption of the risk.
d. strict liability
45. Sexual harassment:
a. includes unwelcome sexual advances or requests for sexual favors when submission is implicitly a condition of
employment.
b. is less serious than and may not constitute illegal sexual discrimination in violation of Title VII.
c. may not be charged against an employer who has no knowledge of or reason to know of a supervisor’s
harassing action against a subordinate employee.
d. is offensive, but not illegal.
46. A union’s “secondary activity” is a:
a. boycott or strike of an employer with whom a union has no labor dispute to persuade the employer to cease
doing business with the company that is the target of the labor dispute.
b. union’s picketing, in addition to a strike, of a company that is the target of the labor dispute.
c. recognized union’s request for an injuction against an employer who refuses to bargain in good faith.
d. refusal to represent one of its members in a grievance against the employer because the member did not
engage in a strike called by the union the previous year.
47. The is responsible for enforcing federal anti-discrimination laws.
a. OSHA
b. Social Security Administration
c. EEOC
d. NLRB
48. Who administers the federal unemployment compensation laws?
a. The Social Security Administration
b. The states
c. The federal courts
d. The NLRB
49. Active recruitment of minority applicants to meet hiring goals is termed:
a. reverse discrimination.
b. affirmative action.
c. comparable worth.
d. BFOQ.
50. The Worker Adjustment and Retraining Notification Act requires an employer to provide how much advance notice
of a plant closing or mass layoff?
a. Two weeks
b. Thirty days
c. Sixty days
d. Ninety days
51. When a state government adopts an affirmative action plan that is challenged as constituting illegal reverse
discrimination, the plan is subject to:
a. a rational basis test under the Equal Protection Clause of the Fourteenth Amendment.
b. strict scrutiny under the Equal Protection Clause of the Fourteenth Amendment.
c. Due Process Clause scrutiny.
d. a disparate treatment test under the Civil Rights Act.