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52. A "closed shop" is:
a. the same as a "runaway" shop.
b. one in which a union once existed but has since been voted out.
c. one in which a union is barred.
d. outlawed by the Taft-Hartley Act.
53. In a "closed shop," an employee:
a. cannot be hired if he is a union member.
b. cannot agitate for union representation.
c. must be a union member before being hired.
d. need not be a union member to work but must pay the union an amount equal to normal dues.
54. Which of the following are prohibited under Title VII of the 1964 Civil Rights Act?
a. Seniority systems
b. Affirmative action programs
c. Disparate impact
d. Merit based promotions
55. Challenges to affirmative action plans adopted by private employers are tested under:
a. the Equal Protection Clause of the U.S. Constitution.
b. Title VII of the Civil Rights Act of 1964.
c. guidelines developed under President Johnson’s executive order related to affirmative action programs for
federal contractors.
d. No regulations; due to the absence of state action, challenges cannot be made to affirmative action plans
adopted by private employers.
56. It would NOT be a violation of Title VII of the Civil Rights Act of 1964 if an employer refuses to hire an applicant
for a job because the person is:
a. a Mormon.
b. a woman.
c. sixty-four years old.
d. Hispanic.
57. Title VII of the Civil Rights of 1964:
a. is enforced by the FTC.
b. applies to employers engaged in an industry affecting commerce and having fifteen or more employees.
c. has been displaced by the Civil Rights Act of 1991.
d. forbids discrimination in the workplace involving hiring, promotion, and retention, but does not cover transfer
and retirement discrimination.
58. ABC Company sells nursery products. It hires only women as sales representatives because it thinks that its
customers relate better to women. This is:
a. a violation of Title VII of the 1964 Civil Rights Act.
b. an example of a bona fide occupational qualification.
c. a violation of the Equal Pay Act.
d. an allowable personal preference.
59. Which of the following is prohibited under federal labor laws?
a. Union shops
b. Open shops
c. Yellow dog contracts
d. Collective bargaining contracts
60. The Labor-Management Relations Act:
a. hampers employer free speech, although it encourages employee free speech.
b. is also known as the Taft-Hartley Act.
c. prohibits union shops.
d. specifies certain employer activities as unfair labor practices.
61. Which of the following is NOT true about Social Security?
a. Disability insurance is one program within the system.
b. Employees pay for Social Security when they file their federal income tax returns.
c. Contributions made by the employer are tax deductible.
d. Employees and employer pay matching contributions.
62. All of the following are true concerning the Occupational Safety and Health Act EXCEPT:
a. penalties for violations are civil only.
b. OSHA develops standards, conducts inspections, monitors compliance with standards, and institutes
enforcement actions against those not in compliance.
c. a stated purpose of the Act is to encourage state participation in regulating safety and health.
d. the Act prohibits an employer from discharging an employee who exercises rights under the Act.
63. Which of the following is NOT covered by the Fair Labor Standards Act?
a. Minimum wages
b. Hours of employment
c. Child labor
d. Defined benefit plans
64. Fixit Co., a four-person business, employs Wesley as a full-time mechanic. One day while welding a frame
modification on a sports car, Wesley paid no attention to a clearly visible oil leak dripping from the engine
compartment of the car. The welding torch ignited the oil causing a fire in which Wesley was badly burned. Which
of the following BEST describes the rights of the parties?
a. Fixit is liable to Wesley under a workers' compensation statute despite the fact Wesley may have been
contributorily negligent when he ignored the oil leak.
b. Wesley cannot recover workers' compensation since federal law requires that an employer have at least 15
employees before he must provide workers' compensation benefits.
c. Fixit is not liable to pay Wesley workers' compensation since Wesley fell below a recognized standard of care
by auto mechanics.
d. Wesley cannot recover workers' compensation benefits, but can sue Fixit for failing to provide a safe working
environment.
65. Claims of unequal pay for jobs of comparable worth may be brought under:
a. Title VII.
b. The Equal Pay Act.
c. OSHA.
d. The Civil Rights Act.
66. The National Labor Relations Act is also known as the:
a. Taft-Hartley Act.
b. Wagner Act.
c. Landrum-Griffin Act.
d. Norris-La Guardia Act.
67. The Landrum-Griffin Act would protect against:
a. a union officer keeping a member from giving his opinion at a union meeting.
b. an employer forbidding union workers from meeting.
c. an NLRB representative influencing elections.
d. an employer requiring all its employees to be union members.
68. The Civil Rights Act of 1964 would scrutinize which of the following situations?
a. A woman engineer was denied a job for which she was qualified.
b. A short man was denied employment as a busboy.
c. A two-man partnership with two employees refused to hire a qualified black attorney.
d. A black woman was hired as a secretary instead of an equally qualified white woman.
69. IBM has two manufacturing facilities-one in New York City and one in Evergreen, Oklahoma. Marjorie has worked
in the Oklahoma plant for 15 years assembling resistors. Her sister, Ellen, has worked at the same plant for 15 years
also. Their brother, Hank, has worked there for 10 years in the same job as his sisters. Ellen transfers to the New
York facility. Their salaries are now as follows:
Marjorie-$12.00 per hour
Ellen-$19.50 per hour
Hank-$14.00 per hour
Is there a violation of the Equal Pay Act?
a. Yes, because Ellen's pay is higher than Marjorie's.
b. Yes, because Ellen and Hank's pay is higher than Marjorie's.
c. Yes, because Hank's pay is higher than Marjorie's.
d. No, since they are different people with different personalities.
70. The Recreation and Parks Agency of the state government has six employees and is interviewing for a person to
teach gymnastics and arts and crafts to 3-5 year olds. Ed, age 68, applies but is told he is too old. If he sues under
the Age Discrimination in Employment Act, the agency's best defense would be:
a. it is not subject to the Act since it only has six employees.
b. the Act only protects people from 40-66 years of age.
c. Ed is not able to do gymnastics.
d. this is not a salary dispute.
71. A defense available to the employer in an action for workers' compensation is that:
a. the employee assumed the risk.
b. the employee's injury happened before he came to work.
c. the employee was contributorily negligent.
d. a co-worker caused the injury.
72. The Fair Labor Standards Act would concern which of the following?
a. Working hours for a fifteen-year-old
b. Overtime pay for managers
c. Attorney fees
d. Overhead charged on contracts
73. Compliance with the affirmative action requirement for contractors:
a. is the same for construction and nonconstruction contractors.
b. demands nonconstruction contractors with 50 or more employees or with contracts for more than $50,000 to
have a written affirmative action plan.
c. means that federal contractors need only implement affirmative action in promoting employees, not in
recruiting.
d. affects only federal construction contractors and subcontractors.
74. Under the Pregnancy Discrimination Act,
a. family leave must be given to pregnant women and mothers of newborns.
b. employers may not refuse to hire a pregnant woman, fire her, or force her to take maternity leave.
c. employers must give family leave to fathers of newborns as well as to mothers.
d. the BFOQ defense is not available.
75. Under the Civil Rights Act of 1991,
a. only victims of racial discrimination can recover compensatory and punitive damages for intentional
discrimination.
b. victims of intentional religious discrimination are entitled to receive compensatory and punitive damages.
c. victims of disparate impact sex discrimination can recover punitive damages.
d. victims of disability discrimination have no remedy, but must seek redress under disability law.
76. Under the Americans with Disabilities Act,
a. only governmental employees are protected.
b. punitive and compensatory damages are not recoverable.
c. employers with fewer than 15 employees did not have to comply until mid-1994.
d. punitive damages for intentional discrimination are subject to a ceiling depending on company size.
77. Employee privacy:
a. is not protected by the common law "invasion of privacy" torts.
b. does not relate to drug and alcohol testing.
c. relates to polygraph testing.
d. is automatically waived by an employment contract.
78. The common law of torts protects employees from all of the following except:
a. an unreasonable intrusion into their private lives by employers.
b. unreasonable disclosure by employers of private information.
c. unreasonable publicity putting them in a false light.
d. monitoring of employer-provided e-mail systems.
79. Regarding drug and alcohol testing of employees by employers:
a. the NLRB makes it a mandatory subject of collective bargaining in a union setting.
b. the constitutional protection from unwarranted search and seizure protects private sector employees from the
practice.
c. the Constitution prohibits any public sector employer from testing its employees under any circumstances
without a warrant.
d. federal legislation sets forth comprehensive guidelines for the practice.
80. The Federal Employee Polygraph Protection Act:
a. prohibits private employers (with some exceptions) from using lie detector tests, test results, or the refusal to
be tested as grounds for adverse employment decisions.
b. only prohibits the federal government's use of polygraphs for making employment decisions.
c. allows polygraphs of employees only to determine illegal drug use by them.
d. completely prohibits all use of polygraphs by employers.
81. The Family and Medical Leave Act:
a. applies to private employers with 5 or more employees.
b. applies only to non-governmental employers.
c. allows up to twelve weeks per year of leave for childbirth, adoption, or serious health conditions of a spouse,
child, or parent.
d. states that the leave must be paid leave.
82. The Equal Employment Opportunity Commission (EEOC) is empowered to:
a. only file legal actions in its own name.
b. try to resolve alleged violations through informal means, but not bring suit in federal or state courts.
c. investigate all charges of discrimination.
d. issue binding orders on employers who unfairly discriminate.
83. Which of the following is not a remedy for violation of the American's with Disabilities Act (ADA)?
a. Injunctive relief
b. Reinstatement
c. Triple back pay
d. Compensatory and punitive damages
84. Remedies for the Equal Pay Act would include:
a. recovery of future wages.
b. an award of punitive damages.
c. enjoining the employer from further unlawful conduct.
d. employer fines.
85.
a. Discuss the common law rights of an injured employee against the employer.
b. How have Workers' Compensation Acts changed this? Explain your answer.
86. Elmer has been a faithful worker at the Middle America Manufacturing Company for over 30 years. One day when
he comes to work, he gets called into the supervisor's office and is told that the company has decided to lay off all of
its current employees and move the plant to India.
a. Does Elmer have any protections under the common law doctrine of employment at will?
Explain.
b. Does Elmer have any protections under employment discrimination law? Explain.
87.
a. What is the difference between equal pay for equal work and equal pay for comparable worth?
b. How is it possible to establish a claim for equal pay for comparable worth if the jobs are
different jobs?
c. Is equal pay for comparable worth covered by the federal employment discrimination laws?
Explain.
88. What are the remedies available for violations of the Civil Rights Act of 1964?
89.
a. Is employment discrimination based on sex prohibited by federal law? Explain.
Can an employer refuse to hire a married woman for a job? Explain. Can an employer refuse to
b. hire a pregnant woman for a job? Explain. Can an employer fire a single woman because she is
pregnant? Explain.
90. Delbert is 55 years old and was recently laid off from his job at the Middle America Corporation. He has applied for
30 different jobs, but has been told that he is too old and that companies prefer younger workers. Does Delbert have
any recourse under federal law?
91. What are the powers of the Equal Employment Opportunity Commission (EEOC)?
92. What is the difference between a "closed shop" and a "union shop"? What is their legal status?
