MGT 434 EMPLOYMENT LAW COMPREHENSIVE QUESTIONS AND ANSWERS GRADED A WEEK 5 FINAL EXAM 2

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1. Mike wants a divorce. He has read in a magazine that men tend to get more favorable settlements when they have a female attorney. Mike goes into a large firm with a 13 member domestic relations dep... artment (8 men & 5 women) & asks to speak with female attorneys only. If the law firm complies with his request: A. there may be a Title VII gender discrimination issue because the firm might be construed as hindering the opportunities of male attorneys. B. there is no discrimination because the customer/client has stated a valid reason C. there is no discrimination because the law is still a predominantly male dominated industry so males have no standing to sue in this situation. D. there may be a Title VII issue based on gender-plus discrimination issues. 2. Title VII A. prohibits discrimination & affirmative action. B. prohibits discrimination but requires reverse discrimination. C. prohibits discrimination & requires affirmative action. D. prohibits discrimination & permits affirmative action. 3. In Rowe v. General Motors Corp., three black employees sued claiming that foreman-based recommendations used for promotions were unlawful & racially discriminating. The court did not find: A. that the foremen were given no direction in terms of what qualities to look for regarding promotions. B. that blacks may have been hindered in obtaining satisfactory recommendations. C. that Title VII requires that procedures used be fair in both form & in operation. clear intent to create a situation resulting in a disparate impact. 4. An employer who fails to properly investigate potential employees may be liable to injured third parties under the following legal theory: A. OSHA B. Workers Compensation C. Negligent Hiring D. Assault 5. Acir Manufacturing Company runs a plant in the worst part of town. Despite adequate lighting & security patrolling the parking lot, it is still considered very dangerous to walk to or from your car at night. The plant operates 3 shifts & is open 24 hours a day. Due to the high risk, women are only hired for the 8:00 am to4:00 pm shift. A. the company has a right, if not a duty, to maintain this hiring policy to protect its female employees. B. women should be at home at night so no true discrimination exists. C. since the hours don't relate to a true ability to do the job, Acir is discriminating. D. safety, in terms of walking through the parking lot, is a valid BFOQ of the job so there is no discrimination. 6. The Family & Medical Leave Act applies to: A. all employees of all businesses. B. employees who have worked for a company for 12 months, regardless of hours worked. C. employees who have worked for a company for 12 months, & have worked a minimum of 1250 hours during that time. D. employees who have worked a total of 1250 hours, regardless of the duration of their employment.. 7. The law requires that unions & management bargain: A. until a resolution is reached. B. until the union is satisfied. C. until management is satisfied. D. in good faith. 8. Philip has been employed at his company for 3 years. The new head of human resources wants all employees to agree to waivers allowing the company to search the employee's hard drives for illegal and/or anti-company material without exposing the company to liability: A. they can force Philip to sign the waiver as a condition of employment. waiver. C. as long as the waiver is voluntary, consideration is not required. D. waivers of privacy rights are void, consideration or not, due to violations of public policy constraints. 9. An accommodation, under ADA, is reasonable if: A. it is feasible. B. it has been provided by other employers. C. it does not cause a burden on the employer. D. it does not cause an undue burden on the employer. 10. In terms of sexual harassment, an employer is liable for the following: A. acts of a supervisory employee only should the employer know or should have known that harassment was occurring. B. acts of a supervisory employee whether or not the employer knew or should have known that harassment was occurring. C. acts of a non-supervisory employee whether or not the employer knew or should have known that harassment was occurring. D. employers are always liable for any sexual harassment that occurs regardless of who the harasser is or what they knew or should have known. MGT 434 Final Exam 3 1. The list of twenty factors used to distinguish between employees & independent contractors are known as: a. The IRS Test b. The FLSA Test c. The Common Law Test d. The OSHA Test e. The FMLA Test 2. The agency relationship is a legal relationship in which an agent acts under the direction of a principal for the principal’s benefit. a. True b. False 3. The Civil Rights Act of 1991 added to Title VII of the Civil Rights Act of 1964. a. Judicial Review b. EEOC c. Anti-retaliation provisions d. Jury trials e. 706 agencies 4. Which of the following is a jdicial requirement for an affirmative action plan? a. It is inflexible & immediate t in its approach b. It is used to address a conspicuous imbalance in traditionally segmented job categories c. It is a permanent pland. It is used to maintain a balanced workforce e. It must implement theuse of hiring quotas 5. Which of the following is not an unfair labor practice on the part of the employer? . Management requires employees to sign agreements that they will not join unions b. Management offers pay increases to employees if they don’t unionize . Management tells employees that they will be better off without a union . Management fires employees who talk to union representatives e. Management asks candidates in interviews about their views on unions 6. An employee’s right to form unions, bargain collectively, & strike was established by which f the following?a. The Wagner Act b. The Norris LaGuardia c. The Landru-Griffin Act d. The Taft-Hrtley Act e. The Fair Laor Relations Act 7. The discriminatory effect of a performance appraisal can be actionable because: a. Of the way in which the appraisal is conducted, but not the way in which the evaluation is used b. Of the way in which the appraisal is used, but not the way in which the evaluation is onducted c. Of the racial, religious, gender, color, or national origin of the appraiserd. Of the way in which the appraisal is conducted, & the way in which the evaluation isused e. The employee did not agree with the criteria 8. Employers may freely ask an employee about which of the following? . Any existing medical conditions b. Past experience performing a similar job . Whether they currently live with someone at home . Current marital status . All of the above [Show More]

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