Berman, Bowman, West, & Wart, Human Resource Management in Public Service, Sixth Edition
SAGE Publishing, 2020
Study Questions
Chapter 2: Legal Rights and Responsibilities: Laws Governing the
Workplace
1. Explain the following paradox: “Managers must embrace the law to avoid the law.” (54)
2. What are the reasons a manager should be familiar with basic legal principles? (54–55)
3. What are three competing interests that need to be kept in balance? (56)
4. Describe the overarching paradox in the legal arena and list some of the reasons for it.
(55–56)
5. How can managers stay up-to-date with legal changes? (57–58)
6. What is a common law system? (57)
7. What is a civil law system? (57, 60)
8. Explain the difference between a binding precedent and a persuasive precedent? (60)
9. Define the principle of “stare decisis.” (60)
10. Define at-will employment? (62)
Unless the parties have agreed to a specific duration of employment, either party may
11. Which institutions are responsible for most federal employment laws? (60)
12. What two trends have increased individual rights and eroded the at-will doctrine? (63)
13. List some of the federal employment laws. (54–55)
14. What is the implication of having property interests in a job? (63)
15. What did the Supreme Court seek to do in Board of Regents v. Roth (1972)? (61)
16. What are Loudermill rights? (63)
17. Define “adverse action” and explain who is affected by it. (64)
Formal discipline of an employee involving suspension, salary reductions, demotions, and
18. What did the court seek to do in the Pickering case? (66)
19. Whom does the Whistleblower Protection Act of 1989 protect? (66–67)
20. What is the Hatch Act? (67)
21. The U.S. Office of Special Counsel that publishes guides to the Hatch Act has divided
federal employees in two groups. List them and explain how they differ. (67)
22. Identify the key finding in Branti v. Finkel (1980)? (67)
23. What is the overtime pay requirement under the FLSA of 1938? (68)
24. What is the white-collar exemption? (68)
25. What does the 1963 Equal Pay Act requires? (65)
26. Are public employers legally obligated to provide health insurance to employees?
27. What coverage is provided under the workers’ compensation acts? (70)
28. How are retirees and same-sex domestic partners treated in terms of health
insurance? (71)
29. What is required under the FMLA of 1993? (71)
30. What does the Affordable Care Act require? (71)
31. What is qualified immunity and absolute immunity? To whom do they apply? (72)
32. Define official immunity. (72)
It is a common-law doctrine that shields government employees from individual liability. It is
33. How does the “balance doctrine” apply to matters of privacy? (73)
34. How can employers remove expectations of privacy? (70)
35. What is Executive Order 12564? (73)
36. What questions should not be asked in preemployment checks? (77)
37. What approach should be adopted by agencies in matters of grooming and dress?
(75)
38. When is it OK to use medical tests? (78)
39. When it is OK to administer AIDS tests? (78)
40. Define BFOQ? (82)
41. When does defamation occur in post-employment references? (77)
42. Who is protected under the Civil Rights Act of 1964? . . . the Age Discrimination in
Employment Act? . . . the ADA of 1990? (80)
43. In which ways can intentional discrimination be proved? (80–81)
44. What did the U.S. Supreme Court say about the University of Michigan’s law school
admissions policy? Why? (86)
Berman, Bowman, West, & Wart, Human Resource Management in Public Service, Sixth Edition
SAGE Publishing, 2020
45. What is the reason for the harassment? (84)
46. What is reverse discrimination? (84)
47. What is the paradox contained in affirmative action programs? (84)
48. What is the 80% rule? (86)
Discrimination is any selection process that results in qualification rates of protected groups
49. What is race norming and what purpose did it serve? (87)
50. What constitutes “reasonable accommodation” regarding employer actions and
religious freedom? (88–89)
51. Would an employee with cancer be covered under the Americans with Disabilities
Act? Which functions are expected to be carried on by the employee? (87)