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MGNT 3500 FINAL

Question	Answer
In responding to requests for reasonable accommodation for disability, employers should NOT:	discuss the disabled employee's need for accommodation with other employees
Regarding an employer's obligation to accommodate disability and religion, it is true that:	the obligation to accommodate in the areas of disability and religion is unique to the employment relationship
Which of the following would usually be considered a reasonable accommodation of disability?	providing a part time or modified work schedule
In order for a disabled person to be qualified, the disabled person must:	A & C only generally meet the same job-related education, skill and background requirements as other job candidates or employees for the position be able to satisfactorily perform the essential functions of the job
Which of the following is necessary to establish the existence of a disability under the ADA?	None of these
To be protected under the ADA, individuals must be	a&c A. disabled c. qualified
The americans with disabilities act	applies to private sector employers with 15 or more employees
Regarding the HIV status of employees in most jobs, its correct to say that	an employee who is HIV positive is owed a reasonable accommodation
Which of the following is NOT an element of a prima facie case of failure to reasonably accommodate religion?	specific reasonable accommodation was requested by the plaintiff
Under Title V11 the concept of "religion" is limited to	NONE OF THESE
An employee with evangelical Christian beliefs was terminated because she mailed letters to the homes of her coworkers conveying the basic sentiment that the employees were sinners who needed to repent.Court ruled:
A Catholic woman made a solemn vow to wear a large button graphically depicting an aborted fetus during all of her waking hours, until abortion was abolished. This disturbed a number of her co-workers and created an uproar in the workplace.
devout Christian objected to his employer's diversity posters, which the employee construed as the company's approval of homosexual activities the employee believed were sinful. In response, the employee posted two biblical passages	or the employer because in this circumstance, any accommodation would have been an undue hardship on the company.
Employee with cerebral palsy (Emory), low IQ, inability to learn w/out being shown. Past over for a promotion because he was unqualified the court ruled	because Emory had previously held the position of acting shift supervisor for 2 years, he had demonstrated that he was qualified
A sanitation worker suffered from "congenital stationary night blindness" which prevented him from driving at night, At the end of his probationary period the employee was terminated. The sanitation worker sued.	The employee should win because he was perceived as disabled and fired because of it.
A teacher at a public school was required to attend training sessions held at a local college sponsored by a Christian denomination. The sessions included a prayer.The superintendendent refused to stop the teacher sued.	The court should rule in favor of the teacher, since this was a public school.
Which of the following describes "regarded as disabled" under the ADA?	treated as disabled, even though not
Which of the following describes "essential functions" of the job under the ADA?	those tasks of a job for which the job was created
In an effort to defend against a lawsuit for wrongful termination brought by 3 professors, The Ave Maria Law School posed as a defense this argument:	The law school was a religious institution, and the professors' duties were "ministerial" so that Title VII did not apply.
In a recent case reported by a legal journal, a deaf patient sued her doctor for failure to accommodate her disability under the ADA, because he refused to provide her with a sign language interpreter for the deaf, and the case went to trial.	the jury found for the deaf patient, and awarded $400,000.00, a national record for such verdicts
"Serious health conditions" include:	"Serious health conditions" include: a.pregnancy, when it results in complication b. all conditions that require hospitalization
The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that:	employers must attempt to reinstate persons returning from military service into the positions that they would have attained had they not been absent, including any promotions
The accent of an employee or job applicant can lawfully be used as the basis for an employment decision when:	when communications are a significant part of the job in question, and the person's accent substantially interferes with the ability to communicate
The potential liability for employers of "English only" requirements in the workplace is:	in national origin discrimination
Under the Pregnancy Discrimination Act (PDA):	employers are prohibited from establishing uniform requirements for when pregnancy leave must begin or end
To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked:	at least 1250 hours during the previous 12 months
Under the FMLA:	pregnancy is not a "serious health condition" triggering the right to FMLA leave unless there are complications
Which of the following is a "qualifying event" under the FMLA?	birth of a child
In EEOC v. Premier Operator Services, an employer posted and enforced a strict English-only rule prohibiting the speaking of all other languages at any time in the workplace (except when assisting non-English speaking customers). The court ruled that:	Title VII was violated because the policy was overly restrictive and the Spanish-speaking employees were burdened by the policy despite being bi-lingual
In Rucker v Lee Holding Co, after working for the company for 5 years, leaving, then returning for 7 months, a car salesman was fired for being absent for treatment of a condition. He was denied FMLA leave bc he hadnt been employed at least 12 months	or the employee, because, given the ambiguity in the statute, regulations required that his previous service with the firm be included in calculating his eligibility for FMLA leave
An airline employee who has taken periods of FMLA leave in the previous two years was terminated for poor attendance. In deciding to terminate her, the employer counted her FMLA leave against her.	the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave
Which of the following describes a "key employee" under the FMLA?	one whose salary is in the top 10% of those in the firm
Which of the following describes a "serious health condition" under the FMLA?	usually, these involve inpatient care or continuing treatment by a health care provider
Which of the following describes the "escalator principle"?	employers must place returning veterans into the positions, including promotions, they would have earned if not absent for military service
The "rational relationship standard" is defined as:	rationally related to a legitimate governmental purpose
Which of the following describes a "qualifying event" under the family portion of the FMLA?	the placement with the employee of a child for adoption
Under the FMLA, a recent case held that which of the following might constitute "constructive notice" of the need for FMLA leave:	a radical change in behavior
Sweden has a law similar to the US's Family & Medical Leave Act. However, one major difference between the two laws is that under the Swedish law:	the Swedish law provides "daddy leave"
Regarding liability under the FMLA, which of the following statements is correct:	a&b A. a firm may be liable under the FMLA if it violates the terms of the Act B. the individuals responsible for decisions violating the FMLA may be personally liable under the Act
The current opportunity wage is how much for what period of time?	$4.25/hr for 90 days
The 3 primary types of exempt employees under the FLSA are:	executive, professional and administrative
The Migrant and Seasonal Agricultural Worker Protection Act requires that:	none of these
An employee who performs both managerial and clerical duties, in order to be classified as exempt, must devote this percentage of time to management duties:	none of these; it does not depend upon the percentage
One exception to the requirement of payment of a minimum wage is called the "opportunity wage." The correct description of the opportunity wage is this:	employers may pay workers under 20 years old as little as $4.25/hr for the first 90 days of employment
Name the two most effective things an employer can do to avoid overtime pay when employees are on call.	equip them with a cell phone or pager, and allow them a reasonable time to get to work if called
Considering our "What Would You Do" situation for this chapter, one thing an employer should always consider when faced with a potential legal claim is:	negotiating a settlement
What is the minimum amount a "highly compensated" employee must earning to be qualified as exempt?	455/week
The current Federal minimum wage is:	7.25/hr
Which of the following is among the things that must be shown in order for two jobs to be considered "equal work?"	there must be substantial similarity in the duties and tasks performed
In order to be classified as an exempt employee based upon the duties test, an employee:	must perform the duties of an executive, administrator or professional
The maximum number of hours that an employee can work in a workweek under the Fair Labor Standards Act is:	not limited for employees 16 years of age and over
The opportunity wage is:	for the first 90 days, $4.25/hr
The minimum wage is:	$7.25/hr
Which of the following describes "pay docking"?	not to be used to reduce the pay of a salaried employee
Which of the following describes "pay secrecy policies"?	a violation of the NLRA
In a very recent US Supreme Court decision, the court decided in an FLSA retaliation case that:	the employee won even though he "filed his complaint" orally
In a recent Illinois case, when diners paid by credit card and included a tip, restaurant owners deducted the credit card processing fees of tips from the tip paid to the server. The practice was declared by the court to be:	legal under Illinois law, because the tips were "received" when the employer paid them to the servers
In a recently reported case regarding the practice of tip-pooling, an $86 million verdict against Starbucks for violation of wage and hour laws was:	reversed on appeal
In one recent case, Northwestern Mutual Life Insurance, in order to avoid paying overtime, classified its workers as:	independent contractors
The acronym "ERISA" stands for:	The Employee Retirement Income Security Act
One purpose of HIPAA is:	to restrict an insurer's use of pre-existing condition exclusions
Under ERISA, the Employee Retirement Income & Security Act, covered employers:	a and b only A. must have a fiduciary duty to manage employee benefits for the benefit of employees B. must inform employees about their benefits
Which of the following statements regarding ERISA is NOT true?	employers must apply the same standards for all claims, including pension, health, and welfare plans
In the case of Vallone v CNA Financial, the court ruled that:	A&C A.a "lifetime" Health Care Allowance was revocable since the employer included in the agreement a clause retaining a right to change the terms of the agreement C."lifetime" benefit could mean, "good for life, unless revoked or modified"
The problem with a Cash Balance or Hybrid pension plan is:	that because of the way benefits are calculated, older employees may receive less than younger employees
Employers are legally required to pay on behalf of their employees:	ALL OF THESE A. SS B. Unemployment C. Worker's comp
In the case of Pegram v Herdrich, a woman suffering from abdominal pain was told to wait 8 days for an ultrasound at an HMO facility 50 miles away, rather than be tested immediately at a local hospital	HMOs do not act in a fiduciary capacity toward their insured patients when making "mixed" decisions, based partly on the doctor's opinion
Fought v. UNUM Life Insurance Co seemed to be recovering, but then was re-hospitalized with a staph infection which left her disabled. She applied for benefits under her employer's LT disabilitiy plan, but was denied	for the employee, essentially because the staph infection, and not the coronary artery disease caused the disability
Which of the following are not covered by ERISA?	college scholarship plans
Concerning pension plans, it is correct to say that:	B&C B. a defined contribution plan calls for a set amount to be invested for the employee, whose initial investment bears the risk of loss C. defined benefit plan results i amount to be paid to the retiree, and the employer bears the risk of loss
ERISA governs which two types of benefit plans?	pension and welfare plans
Regarding ERISA, one significant difference is the treatment of pension plans and welfare plans. For example:	pension plans must vest, but welfare plans need not vest
An employer's obligations under ERISA include:	all of these employers provide a reasonable claims and appeal process, inform employees ab benefit by Summary Plan Description, employers Must deliver on their promised benefits
Regarding health insurance as a benefit for employees, it is correct to say that:	all of these;control costs have resulted in a transition from traditional health insurance coverage plans to managed care plans, the transition to managed care plans raises several legal issues, health insurance is the single most important benefit
Regarding the Pension Benefit Guarantee Corporation (PBGC), which of the following statements is true?	A&C; a)The PBGC is an agency that insures defined benefit pension plans. c.)The PBGC's fund is running out of money, due to the increase in the failure of the pension plans it insures.
The purpose of COBRA is:	to permit an employee to continue her health insurance coverage after leaving her place of employment
Match the term "managed care" to the phrase below which best defines or describes it.	a system in which an MCO receives a sum of money to provide health care, and profits to the extent that costs can be minimized
Match the term "HIPPA" to the phrase below which best defines or describes it.	restricts the use of pre-existing condition as a reason for denying insurance coverage
Match the term "welfare plan" to the phrase below which best defines or describes it.	a benefit plan covered by ERISA which is not a pension plan
Regarding the "general duty clause," it is correct to say:	that it is necessary because it is not possible to issue regulations applying to every hazardous workplace situation
OSHA's general industry standards apply to:	all industries
Which of the following statements regarding OSHA regulations is true?	they are adopted only after a lengthy process of public hearings and documentation
The OSH Act differs from Workers' Compensation laws in which of the following ways?	ALL OF THESE; OSH Act is to prevent workplace accidents, OSH is federal & worker comp state, workers comp is to recomp injured workers
There are significant monetary penalties for an employer's failure to report which of the following kinds of accidents?	all of these; accidents resulting in lost time from work, accidents resulting in death, accidents resulting loss of consciousness
Which of the following is true? Once an OSHA regulation has been issued:	All of these; possible to be excused from compliance, possible to get a temporary variance, possible to get a permanent variance
Regarding OSHA inspections, which of the following statements is NOT correct?	OSHA visits each workplace for a routine inspection every year
The best thing an employer can do to avoid OSHA violations is:	All of these; be proactive in assessing workplace hazards, try to prevent workplace injuries, create a comprehensive workplace safety program
Payments to injured workers under worker's compensation laws are made for which of the following purposes?	b&c only B. compensate for time lost from work C. Payment of medical bills for the employee's injury
Regarding OSHA regulations, which of the following statements is NOT true?	employers are exempt from compliance with OSHA standards unless they have been advised by OSHA that certain standards apply to their firms
Regarding OSHA's enforcement process, which of the following statements is NOT true?	employers are required to allow the inspector access for any inspection as long as the inspector shows his OSHA Identification Card
The OSH Act created which of the following federal agencies?	a. the occupational safety and health administration b. national institute of occupational safety and health c. occupational safety and health review commission
Which of the following constitutes a defense to an OSHA violation?	none of these constitutes a defense to an OSHA violation
In Safeway v OSHRC. The employees cooking on the grill attempted to increase the flow of propane, and a fireball erupted, burning several employees. The court determined:	that the event, under employer supervision, constituted a workplace event, and the employer was liable for an OSHA violation
Which of the following describes, "NIOSH?"	the agency that provides technical and scientific support
Which of the following describes, "variance?"	an exception from the applicable rule
Which of the following describes, "abatement?"	correction of the problem
Which of the following describes, "safety standard?"	some are issued for agriculture
If you tell a reporter that you will check out the situation and call her back, then you should:	if no one else can call at the time you promised, call her back to keep your promise, even if you have no new information yet
If you receive a call from a reporter while at work, the first thing you should say is:	what is your deadline?
In Helisek v. Dearborn Public Schools, a gym teacher was suspected of stealing money from students. School officials placed video surveillance cameras in his office.teacher sued, and the court ruled:	for the teacher, because his 4th amendment rights were violated
Most states recognize which of the following privacy torts under the common law?	ALL OF THESE Appropriation of name or likeness, private disclosure of public facts, intrusion upon seclusion
What should a new employer know regarding searches of employees' workplaces?	A&B; A. searches may be limited by the 4th amendment and several privacy torts B. employees should be notified if searches will occur, and under what circumstances
In Dietz v Finlay Fine Jewelry, The employee sued for defamation and false imprisonment, but summary judgment was entered against her. On appeal, the court ruled:	for the employee, because the employee had raised genuine issues of material fact precluding summary judgment
Regarding privacy in the workplace, it is correct to say that:	A&C A-public employees and private employees both have an expectation of privacy, though the extent may differ C-whether there is a reasonable expectation to privacy will depend on the facts of the case, applicable policies, practices, circumstances
Which of the following statutes does not address privacy issues?	all of these address privacy issues; National Labor Relations Act, Americans with Disabilities Act, Occupational Safety and Health Act
Regarding the gathering and keeping of medical information regarding employees, which of the following statements is NOT true?	after hire, an employer may seek information that is not job-related and consistent with business necessity
employees change into gear before going out on floor, the Pres of your firm wants you to install camera in the changing rooms.	NO
In U.S. v. Zeigler, an employee was accused of accessing and storing child pornography, in violation of criminal laws. When the FBI approached his employer, the employer copied the contents of the employee's hard drive and turned the data over to the FBI	for the government, finding that the FBI did not conduct an illegal search
Regarding constitutional privacy protections on the job, which of the following is/are true?	rights to privacy on the job derive from the 4th amendment to the U.S. Constitution which prohibits unreasonable searches and seizures
Regarding an employer's handling of employees' personnel records, which of the following is NOT true?	most states' laws contain similar and comprehensive requirements for an employer's handling of employees' records
Under the OSH Act, which of the following is NOT required of employers regarding the medical records of their employees?	all of these are required under the OSH Act; info must be available to employees and union reps, provided within 15 days, exposure to toxins must be kept for 30 years
Your boss has told you that he suspects that his wife (whose desk is next to yours) is cheating on him, and having an affair with another man. he has asked you to check her computer for evidence of this when she steps away	Don't do it, even though your boss may not understand. Tell him that if the situation were reversed, that is, if she was asking you to spy on him, you wouldn't do that, either..
Amanda is an employee in the HR Department at a high end department store, and has been in her office all day. After a pair of diamond earrings which were present that morning are discovered to be missing manager conducted an investigation? which are true	none of the above; strip-search because items are small, go through contents of her purse, can search amanda's desk
ou go to your doctor's office for a routine checkup, and after the doctor has finished examining you,On the screen of the computer are medical records for a woman whose name you do not recognize. Has HIPAA been violated?	YES
You go to your doctor's office for a routine checkup, and after the doctor has finished examining you On the screen of the computer are medical records for a woman whose name you recognize. Has HIPAA been violated?	YES
"Intentional infliction of emotional distress" is defined as:	intentional behavior so outrageous that it shocks the conscience resulting in severe emotional distress or harm
"Appropriation" is defined as:	the intentional use of another's name or likeness for commercial gain
"Public disclosure of private facts" is defined as:	an intentional public disclosure of private facts of no legitimate concern to the public which would be highly offensive to a reasonable person
"Intrusion upon seclusion" is defined as:	an intentional intrusion into something private which would be highly offensive to a reasonable person
In Lloyd v Drake University, Lloyd, a white university security guard, was discharged from his at-will position after unrest occurred following his subduing and apprehending of a black student that he believed to be assaulting a white female student.	for Drake because the right of security guards in enforcing the criminal laws of the state are not clearly defined and were not proven in this case
A disclaimer which is included in an employee handbook should be acknowledged by each employee:	in writing
Just cause is required for the discipline or discharge of unionized employees because:	the union contract requires it
In order to prevent employee handbooks from being interpreted as contractual promises, the company should:	use a disclaimer
This occurs when a party takes action in reliance on the promise of another, who then breaks that promise.	promissory estoppel
Upon which legal grounds may terminations be challenged as wrongful?	terminations can be challenged on all of these grounds
Regarding the termination of individual employees, it is NOT correct to say that:	employers can avoid the legal consequences of termination by effectively (but not officially) discharging employees
One of the following is NOT a valid description of employment status. Which one is it?	no employment at will
a manager at Microsoft says, "You know, just between you and me, it might not have been the worst thing in the world if the court had ordered the company to break up. We really are too big." manager is fired for making the statement, sues court rule	for Microsoft because she is employed at will and none of the exceptions to employment at will apply in this case
You are the HR Manager for your company. One employee has been actively involved in demonstrations at city hall.If you decide to permit the employee to exercise his legal rights while also protecting the company, your best course of action would be to:	ask the employee to wear some other shirt while protesting, so that people don't think the company is also protesting
Jeopardy clue: The employee bears the burden of proof under this legal standard regarding employment.	What is employment at will with exceptions?
Jeopardy clue: After whether the employer is public or private, the most relevant question to ask in determining the appropriate standard for employment termination.	What is whether the employer is unionized?
Jeopardy clue: The most relevant question to ask in determining the appropriate standard for employment termination.	What is whether the employer is public or private?
Jeopardy clue: This state eliminated employment at will with exceptions and replaced it with a "just cause" standard.	What is Montana?
Jeopardy clue: Constitutional, statutory, common law contract and tort claims.	What are the sources of legal protection from wrongful discharge?
Jeopardy clue: Feels stress and potential danger; anticipates litigation.	What is an employer who has terminated an employee?
Jeopardy clue: Used in an employee handbook, it means that no contract of employment will be formed by handbook language.	What is a disclaimer?
Jeopardy clue: A quit is construed as a termination if this kind of person would have felt compelled to quit.	What is reasonable?
Jeopardy clue: The case of the employee who was promised lifetime employment raises this legal issue.	What is breach of implied contract?
Which of the following is true of a trade secret?	a&b a. it creates economic value from not being known to others b. the owner must take steps to preserve its secrecy
Which of the following employees is most likely eligible for unemployment insurance?	Kathy quits her job because of a pervasive and continuing hostile environment
Under the WARN Act and/or the NLRA, which of the following is true?	large employers are prohibited from closing some plants or laying off some employees for the purpose of discouraging unionization
Which of the following is a type of restrictive covenant?	ALL OF THESE a. non-disparagement agreement b. non-competition agreement c. non-solicitation agreement
Regarding non-competition agreements, which of the following is correct?	will be enforced as long as they are reasonable in scope and time, and protect a valid business interest
Roquet v. Arthur Anderson;sued for an alleged violation of the WARN Act's notification provisions. Arthur Anderson defended by saying that they should not be held to the 60 day requirement because of the particular business circumstances in this case.	the 60 day notice requirement does not apply if the layoff is caused by business circumstances that were not reasonably foreseeable
To be eligible for unemployment insurance:	the employee must have been involuntarily discharged
A 55 year old supervisor who has always received good performance appraisals is downsized. Two younger (42 and 45 year old) supervisors from the same department, whose performance had been rated lower, were nonetheless retained. Court decided	for the employer because it had a lawful, non-discriminatory motive for the termination
Jeopardy clue: These are mandatory topics of bargaining, requiring employers to negotiate in good faith.	What are decisions to downsize?
Jeopardy clue: This euphemism is the employment term used to describe involuntary termination from employment.	What is "downsizing?"
Regarding the WARN Act, which of the following is NOT true?	NONE OF THESE ARE TRUE a. does not apply when circumstances are not reasonably foreseeable b. multiple notification may be required c. provides an incentive for employers to transfer rather than lay off d. does not apply to temporary closures
Jeopardy clue: In Boeing's RIF, an evaluation excluded a factor in which the older employee excelled. What other evidence was significant?	What is the fact that the employee had previously been evaluated as "doing a great job?"
Jeopardy clue: Generally, the WARN act applies to employers with this many employees.	What is 100?
Jeopardy clue: An employee was given the choice of retiring with a severance package, or a 30-day evaluation with no room for error. He retired. Was it constructive discharge?	NO
Jeopardy clue: This particular type of speak nicely "non-" clause is becoming more and more common in employment agreements	What is a non-disparagement clause?
Jeopardy clue: The employee handbook contained a "no contract" disclaimer, but the firm did not comply with its progressive discipline policy when it fired her. What legal issue is raised?	What is breach of implied contract?
Regarding retirement from employment, it is correct to say:	employers may not legally require their employees to retire at a certain age (although there are some exceptions)
Jeopardy clue: Your employer may ask you to sign one of these, which limits your employment opportunities when you leave.	What is a restrictive covenant?
Jeopardy clue: If there are "waves" of layoffs, employment losses over this period of time will be combined to determine coverage under WARN.	What is 90 days?
Legal issues concerning downsizing include:	ALL OF THESE -decision to downsize -manner in which downsizing is implemented -decision about which individuals to downsize -prior notification of downsizing

Created by: bnmitchell

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