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MGNT 3500

Test 1

Question	Answer
If a mandatory arbitration agreement is one sided, in favor of the person or entity offering it, it is deemed to be:	Substantively unconscionable
US employment law is	a fragmented work in progress
The role of HR managers with regard to employment law includes	-Taking action to avoid or prevent employment disputes -Enforcing legal requirements governing employment law -Recognizing and analyzing employment law issues
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:	Firing was permissible under employment at will, and did not violate the public policy of the State of Oklahoma
Tri-State Computers Inc. decided to institute a mandatory arbitration agreement policy so posted notice of the policy on its company website for all the employee to see. The policy, as described is	Unenforceable
An employer considering whether to use mandatory arbitration agreements to resolve employment disputes should be concerned about which of the following?	ALL OF THE ABOVE -Arbitration agreement require the appointment of a neutral arbitrator -Should not burden the employee with extra fees -Should not provide employees with remedies inferior to those available through litigation
When an employer drafts a mandatory arbitration agreement it should avoid which of the following?	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
Which of the following factors is relevant in determining what employment laws apply to a business?	A&B ONLY -Whether the business is public or private -What size the business is
The plaintiff has	the burden of proof
Stare decisis is:	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
Strict scrutiny is the most exacting one of these	a standard of review
Legal term for the process by which the parties to a lawsuit learn what evidence and information the other parties have is	discovery
If there is no question of material fact, the judge may decide the case by means of	summary judgement
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	a motion
Main reason employers would rather hire independent contractors than employees is	A&C ONLY -It's cheaper -The independent contractor has fewer rights under law than an employee
Regarding employees, actions within the scope of employment are those which	A THRU C ONLY -Relate to work the worker was hired to perform -Occur on company time at the usual place of work -Occur during work hours
In the case of the attorney who worked part time for the school district the issue was whether he was an employee or an independent contractor. The issue was important because	employees were eligible for pensions while independent contractors were not
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	whether this is a single integrated enterprise
Regarding independent contractor (IC) agreements, which of the following statements is NOT true?	There is no point in using an independent contractor agreement
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	NO
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:	for the employee, since she had proved a prima facie case that she was replaced by one outside her protected class, and had raised questions of material fact regarding the reasons for her firing
In pattern or practice cases:	the focus is on showing that discriminatory treatment occurred over time
The protected classes under the CURRENT Title VII law and other federal non-discrimination laws are:	Race, color, religion, sex, national origin, age, disability
Which of the following is a protected class characteristic?	religion
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.	disparate treatment
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.	the policy is neither legally nor ethically sound
The Age Discrimination in Employment Act makes it illegal to discriminate against workers over 40, and those under 20.	False
In disparate impact cases:	the focus is on showing the discriminatory effects of the employer’s actions
Which of the following is a type of disparate treatment?	Retaliation
Which of the following is among the things that a plaintiff must show in order to establish a prima facie case of disparate treatment in a pretext case	proof that the employer intended to discriminate
This kind of discrimination claim alleges a seemingly neutral policy which has a discriminatory effect.	disparate impact
In disparate treatment cases:	the focus is on proving the employer’s discriminatory intent
Which of the following must be shown in order to establish a prima facie case of retaliation?	that the employee lost an employment opportunity shortly after exercising legal right
"Retaliation" in an employment context is defined as	punishment of an employee's exercise of legal rights
In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that	there is an alternative practice that would have less discriminatory effects, but the employer declines to use it
The protected classes under the ORIGINAL Title VII law and other federal non-discrimination laws are:	Race, color, religion, sex, national origin
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?	proof that the employer’s stated motive is not credible
Which of the following is true regarding discrimination	discrimination has become more subtle and difficult to eliminate in recent years
Which of the following is true? Title VII of the Civil Rights Act:	applies to employers that have 15 or more employees
This kind of discrimination claim can be proven by statistical data showing discrimination over a long period of time	pattern or practice
Regarding medical inquiries in a job interview, it is correct to say that:	they may be made after a conditional offer of employment
Medical inquiries would include all of theses EXCEPT:	ALL OF THESE ARE MEDICAL INQUIRIES -Previous illness -Previous injury -Previous worker's compensation claims
Determining whether discrimination has occurred during recruitment requires an analysis of:	the relevant labor market
Which of the following inclusions in a want ad would be least likely to be considered discriminatory?	servers/waitstaff wanted
One may inquire about an applicant's protected status, as long as it is done indirectly.	False
Nepotism and word of mouth hiring:	tend to produce discriminatory effects unless the employer's workers are already diverse
Word of mouth advertising to one's employees may be discriminatory because:	people tend to associate with others like themselves
Which of the following is true regarding want ads and job announcements?	the wording of job announcements and ads must be neutral
During an employment interview, employers may:	not inquire about protected class characteristics
Employers who have put into action an Affirmative Action plan may track their progress by means of:	asking employees to voluntarily report to which protected classes they belong
During the application process, employers may decide all of these issues EXCEPT:	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
Which of the following statements is NOT true?	anti-discrimination laws do not apply to employment agencies
Employers conducting an interview for an open position:	must make a conditional offer of employment before asking health-related questions
Sex-linked job titles are	never neutral
In order to prevent discrimination against applicants of protected classes, your colleague decides to note the protected class characteristic of the applicants on their applications. What would be your best analysis and advice to her?	It’s NOT a good idea. Noting the protected class characteristic of the applicant on the application could be construed as discriminatory
Which of the following practices would be illegal?	ALL OF THESE -placing an ad for a waitress -placing an ad for a waiter -placing an ad asking for a recent college grad
Fraud is defined as:	a false representation of a material fact
"Relevant labor market" is defined as	the protected class composition of the qualified available workforce
"Neutral wording" is defined as:	want ads which do not mention any protected class
consumer credit report is defined as	information about one's creditworthiness, reputation and character
Foreseeable is defined as	knew or should have known
Which of the following is a defense to a defamation claim against an employer?	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
"Knowledge" as an element of the tort of negligent hiring, means that:	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
Which of the following steps would help to eliminate possible charges of defamation?	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
Under the Fair Credit Reporting Act, employers must do which of the following?	notify an applicant that the employer plans to reject her based on info from credit report
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.	FALSE
This common law doctrine makes employers liable for the wrongdoing of their employees while acting within the scope of the employment	respondeat superior
Which of the following is true regarding criminal background checks?	employers should consider the seriousness, recentness, and job-relatedness of convictions before denying employment on that basis
Which of the following statements is NOT true	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
A valid background check should NOT include	checking an applicants marital status
Which of the following is a defense to a defamation claim against an employer?	ALL OF THESE -statement was truthful -employee consented to employer making the statement -the statement was within the employer's qualified privilege
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:	the employer was liable for negligent hiring because it was foreseeable that an unfit person hired as apartment manager would harm others and the employer failed to conduct an adequate background check
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:	the employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made
A friend of yours started his own business, and is now ready to hire his first employee. What would be the best advice to give him concerning background checks?	His background check should be based on the type of job he is looking to fill
In labor law, random drug testing is a mandatory topic of bargaining if requested by either party.	TRUE
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	TRUE
A polygraph test measures changes in physiological responses.	TRUE
Testing procedures that screen out people who would be capable of performing the job following minimal amounts of on-the-job training and practice are not job-related and consistent with business necessity	TRUE
Banding is	grouping similar scores together and viewing them as equivalents
Which of the following is true regarding medical exams under the ADA?	medical exams conducted following conditional offers of employment are unrestricted in scope
EEOC's "four-fifths" rule is	a rule of thumb
Content validation studies:	examine whether behaviors and skills tested closely represent behaviors and skills used on the job
"Banding" of test scores means:	that tests scores are grouped together so that similar scores are deemed to be equivalent to one another
To avoid the problems associated with polygraphs tests, many employers now use	paper and pencil honesty test
Pre-employment test questions should be	based on the specific skills or knowledge needed for the job being applied for
Smart practice regarding drug testing would include: :	ALL OF THESE A. maintaining confidentiality of the results of employees' drug tests B. notify employees of the consequences of a positive test C. notifying employees that there will be drug-testing
An HIV test is or is not a medical examination	is
There are two primary ways to establish the validity of employment tests. They are:	content validation and criterion validation
With regard to HIV testing, employers should or should not perform HIV tests.	should not
A drug test is or is not a medical examination?	is not
Which of the following is NOT a requirement of most state drug-testing laws?	employers must fire employees who fail to pass the confirmatory test
A medical exam is	an HIV test
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	for the City, because the job was safety-related even though the employee did not drive the kind of vehicle which required a CDL
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:	for the applicant, because the job did not involve safety, there was no suspicion of wrongdoing, and the test could not be required.
This description defines which of the following terms? "These criteria are those for which the standards and means of assessment are not clearly specified, and are likely to vary across decision-makers."	subjective criteria
"Facially discriminatory" policies or practices are those which:	discriminated on the basis of protected classes
A subtle, but typical problem with the lack of promotion of women and minority candidates is	where promotions are not posted or announced they are less likely to be promoted
The use of "subjective criteria" in employment decisions is:	legal, but likely to vary across decision-makers
Jesperson v. Harrah's female bartender fired for not wearing make-up. Court ruled for:	Casino because the policy did not constitute sex stereotyping, and was within the company's right to control its business image
To establish a BFOQ, the employer must 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
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.	for the employee, because the employee had established a prima facie case of age discrimination, and the employer could not establish any subjective reason for their refusal to promote him
Regarding facially discriminatory policies or practice	there is a limited defense called a BFOQ
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:	promissory estoppel
One thing employers can do to help avoid the "glass ceiling" syndrome in their places of employment is to:	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
EEOC v. Catholic Healthcare pregnant x-ray tech. Court ruled:	ALL OF THESE A. the policy was facially discriminatory B. because the policy was facially discriminatory, the hospital would have to show a BFOQ in order to overcome the charge of sex discrimination C. the hospital was unable to show a BFO
One employer refused to hire women with children under the age of 5, but did hire men with children under the age of 5. This is an example of:	Sex-plus case
The use of subjective criteria by employers:	tends to result in the hiring of fewer women and persons of color
Match the term "sex-plus" to the phrase below which best defines or describes it.	i.e. inquiring of women, but not men, whether they have young chidlren
Match the term "authenticity" to the phrase below which best defines or describes it.	one legal reason for recognizing a BFOQ
Match the term "facially discriminatory" to the phrase below which best defines or describes it.	BFOQ is a defense
Match the term "promissory estoppel" to the phrase below which best defines or describes it.	not a breach of contract action, but designed to remedy a broken promise

Created by: bnmitchell

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