|
In an agency relationship involving two parties, the agent agrees to represent or act for the principal. |
a. True |
|
A familiar example of an agent is a: |
c. corporate officer who serves in a representative capacity for the owners of the corporation |
|
Agency A relationship between two parties in which one party, the agent, agrees to represent or act for the other, the principal., |
… |
|
Fiduciary As a noun, a person having a duty created by his or her undertaking to act primarily for another’s benefit in matters connected with the undertaking. As an adjective, a relationship founded on trust and confidence., |
… |
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Independent Contractor One who works for, and receives payment from, an employer but whose working conditions and methods are not controlled by the employer. An independent contractor is not an employee but may be an agent. |
… |
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With respect to their employers, employees who deal with third parties are generally deemed to be _____ |
Agents |
|
Agency relationships can exist outside an employer-employee relationship, and thus agency law has a broader reach than does employment law. |
a. True |
|
Courts will determine independent contractor status by asking several questions. These include the following: How much control does the employer exercise over the details of the work? Is the worker engaged in a(n) occupation or business distinct from that of the employer? Is the work usually done under the employer’s direction or by a(n) specialist without supervision? Does the employer supply the tools at the place of work? For how long is the person employed ? What is the method of payment , by time period or at the completion of the job? What degree of skills is required of the worker? |
… |
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Whether a worker is an employee or an independent contractor can affect the employer’s __________ for workers’ actions. If the Internal Revenue Service decides that an employee is misclassified as an independent contractor, the employer will be __________ for paying Social Security, withholding, and unemployment taxes. |
Liability, responsible |
|
Any copyrighted work created by an employee within the scope of her or his employment at the request of the employer is called a ________ |
Work for hire |
|
Agency relationships are normally consensual, coming about through voluntary consent and agreement between the parties. |
a. True |
|
Who can become a principal and who can become an agent? |
c. A person must have contractual capacity to be a principal, but any person can become an agent. |
|
Which of the following is NOT one of the four ways in which an agency relationship can arise? |
c. agency by federal law |
|
When a person who is not an agent makes a contract on behalf of a principal, the principal cannot benefit from the contract. |
b. False |
|
In agency law, ratification occurs when: |
c. a principal, by words or by actions, affirms a contract made by a person who in fact is not an agent. |
|
Agency by ________ is created when the _______ causes a third party to reasonably believe that an agency relationship exists. |
Estoppel, principal |
|
In which situations may the courts find an agency relationship in the absence of a formal agreement? Choose two. |
a. in family relationships c. in emergency situations |
|
The agency relationship is a fiduciary relationship based upon trust, and each party owes the other the duty to act with the utmost good faith. |
a. True |
|
Which of the following is NOT a duty the agent owes the principal? |
b. superior competence |
|
The degree of skill or care required of an agent is usually that expected of a(n) __________ person under similar circumstances. |
Reasonable |
|
Generally, the liability of the principal will depend on whether the agent was authorized to form a contract. |
a. True |
|
A gratuitous agent may be held liable for breach of contract. |
b. False |
|
The agent has the duty to act ______ for the benefit of the principal and not in the interest of the agent or a third party. |
Solely |
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An agent’s actions must be strictly for the benefit of the principal and must not result in any ________ profit for the agent. |
Secret |
|
Which of the following is NOT a duty the principal owes the agent? |
c. substantial ownership in the business |
|
When the principal grants an agent an exclusive territory, we say that the principal has created a(n) _______ . |
Exclusive agency |
|
When an agent fails to perform his or her duties, for what may the agent be liable to the principal? Choose two. |
a. breach of contract e. tort liability |
|
If the two parties in the agency agreement disagree about how much the principal owes the agent, the agent may suspend performance and demand __________ |
An accounting |
|
When the principal-agent relationship is not contractual, the agent may receive an order for specific performance from the court to ensure that the agency relationship may continue. |
b. False |
|
The principal has several remedies available, including contractual for breach of fiduciary duties and tort remedies if the agent engages in misrepresentation, negligence, deceit, libel, slander or trespass. Anything that the agent obtains by virtue of the agency relationship belongs to the principal and will be considered held in constructive trust for the principal. If the agent breaches the agreement, the principal also has a right of avoidance . Finally, if the principal is sued for the agent’s negligent conduct, the principal can sue the agent for indemnification . |
… |
|
Generally, the liability of the principal will depend on whether the agent was authorized to form a contract. |
a. True |
|
An agent’s authority to act for a principal: |
a. may be actual or apparent. |
|
Equal dignity rule In most states, a rule stating that authority given to an agent must be in writing if the contract to be made on behalf of the principal is also required to be in writing., |
… |
|
Express authority Power given by one party to another in clear and definite terms to act on that person’s behalf., |
… |
|
Notary public A public official authorized to attest to the authenticity of signatures., |
… |
|
Power of attorney A written document authorizing another to act as one’s agent. This may be special, permitting the agent to do specified acts only, or general, permitting the agent to transact all business for the principal. |
… |
|
The equal dignity rule has several exceptions. For example, an executive officer of a corporation normally can conduct ordinary business transactions without written authority. Likewise, when an agent acts in the presence of a principal, the rule does not apply. Finally, when the agent’s signature is merely a formality , the agent does not need written authority to sign. |
… |
|
An ordinary power of attorney ends when: |
b. the person giving the power dies or becomes incapacitated. |
|
Apparent authority Authority that is only apparent, not real. In agency law, a person may be deemed to have had the power to act as an agent for another party if the other party’s manifestations to a third party led the third party to believe that an agency existed when, in fact, it did not., |
… |
|
Implied authority Authority that is created not by an explicit oral or written agreement but by implication. In agency law, implied authority of the agent can be conferred by custom, inferred from the position the agent occupies, or implied by virtue of being reasonably necessary to carry out express authority., |
… |
|
Ratification The act of accepting and giving legal force to an obligation that previously was not enforceable. |
… |
|
An agent’s implied authority can be inferred by ______________ |
The position the agent occupies |
|
When a third party reasonably believes a person has authority to act on another’s behalf, even if that person does not have such authority, the situation is known as ____________ |
Apparent authority |
|
Apparent authority usually comes into existence through a principal’s pattern of conduct over time. |
a. True |
|
A court can apply the doctrine of __________ when a principal has given a third party reason to believe that an agent has authority to act. |
Agency by estoppel |
|
An agent will have emergency powers: |
a. to protect the principal’s property and rights when the agent is unable to communicate with the principal. |
|
Ratification occurs when the principal accepts responsibility for the agent’s unauthorized acts. For ratification to be valid, the agent must have acted on behalf of an identified principal, that principal must know all of the material facts, must affirm the agent’s act in its entirety, and must have the legal authorization to ratify the transaction both at the time the agent engages in the act and at the time the principal ratifies it. The principal’s ratification must occur before the third party withdraws from the transaction, and the principal must observe the same formalities when ratifying the act as would have been required to authorize it initially. |
… |
|
When the principal does not ratify an unauthorized contract resulting in an unaccepted offer, the third party can: |
b. revoke the offer at any time without liability. |
|
Liability for contracts formed by an agent depends on how the principal is classified and on whether the actions of the agent were authorized or unauthorized. |
a. True |
|
Which of the following is not a classification of a principal? |
d. materially disclosed |
|
_____________ is required to inform any third parties who know of the existence of an agency that the agency has been terminated. |
The principal |
|
If an agent has authority to sign a contract on behalf of a disclosed principal, the third party may hold either the principal or the agent responsible to perform. |
b. False |
|
If an agent has no authority but nevertheless contracts with a third party, the principal cannot be held liable on the contract. |
a. True |
|
If the third party knows at the time the contract is made that the agent does not have authority, the principal nonetheless remains liable. |
b. False |
|
If an agent contracts with a third party without authority from the principal, the principal is not liable on the contract. If the third party knows of the existence of a principal, either disclosed or partially disclosed, then the agent is liable to the third party who relied on the agency status. In this situation, there is a breach of the implied warranty of authority. If the third party knows that the agent does not have authority, then the agent is not liable to the third party. |
… |
|
Today, standard agency principles also apply to e-agents. |
a. True |
|
A principal may be liable for the tortious conduct of an agent based on the principal’s own actions, including all of the following EXCEPT: |
c. providing explicit accurate written instructions to the agent. |
|
A principal who authorizes an agent to commit a tort may be liable to persons or property injured because the act is considered to be the principal’s. |
a. True |
|
A principal is always responsible for an agent’s _______ made within the scope of the agent’s authority. |
misrepresentations |
|
We all have a social duty that requires us to manage our affairs so as to not injure another. This duty applies even when we act through an agent. |
a. True |
|
In determining whether a particular act occurred within the scope of employment, courts will evaluate whether the employee’s act was authorized by the employer; the time, place, and purpose of the act; whether the act was one commonly performed by the employees on behalf of their employers; the extent to which the employer’s interest was advanced by the act; the extent to which the private interests of the employee were involved; whether the employer furnished the means by which an injury was inflicted; whether the employer had reason to know that the employee would perform the act in question, and whether the employee had done it before; and whether the act involved the commission of a(n) serious crime. |
… |
|
If an agent is on a ________ , the principal will be liable, but if the agent is on a ________ , the principal will not be liable. |
detour, frolic |
|
The employer is charged with knowledge of any dangerous conditions discovered by an employee and pertinent to the employment situation. |
a. True |
|
A principal will be liable for the intentional torts of an employee-agent in all of the following situations, except: |
d. if the agent committed the intentional tort while on a frolic. |
|
If an agent commits a crime, the employer-principal is not liable unless the principal participated in the crime by _________ . |
Conspiracy |
|
Agency law is similar to contract law in that both an agency and a contract may be terminated by the parties or by operation of law. |
a. True |
|
One or more parties may terminate an agency relationship by placing into the agreement a time period for termination. When that time lapses , the agency ends. In addition, the parties can specify that the agency is for a particular purpose . Once that is achieved, the agency ends. Alternatively, the parties can include a specific event as a trigger for termination; once that event occurs , the agency ends. The parties can terminate an agency relationship prior to any of the preceding events by mutual agreement, or revocation by either individual party. |
… |
|
Either party has the ______ to terminate the agency agreement, but they may not have the _______ to do so without legal consequence. |
Power, right |
|
An agency coupled with an interest involves a situation in which the agent has: |
c. some legal right or interest in the property that is the subject of the agency. |
|
An agency coupled with an interest is created solely for the principal’s benefit. |
b. False |
|
When an agency is terminated all of the agent’s authority is terminated as well. |
b. False |
|
To give adequate notice of the termination of the agency relationship, the principal (select two): |
a. must directly contact all persons who may have interacted with the agent. d. may give constructive notice, such as through publication in a newspaper, to any person who has not yet dealt with the agent but who may have heard about the agency relationship. |
|
Which of the following is NOT a valid reason for a termination of an agency by operation of law? |
d. prior engagement |
|
Generally, death or insanity of either party will automatically and immediately terminate the agency relationship. If performance becomes impossible , the agency relationship will terminate. A significant change in circumstances may trigger termination of the agency if the agent can reasonably infer that the principal will not want the relationship to continue. Bankruptcy of the principal most likely will terminate the agency, but bankruptcy of the agent may or may not terminate the agency. Finally, if the nationality of the two parties is different and those nations are at war , the relationship is terminated because there is no way to legally enforce the rights of either party. |
… |
|
Kim hires Michelle to go to the art gallery and purchase a specific painting for him. The painting costs $1,500. Because this is the purchase and sale of goods for more than $500, the contract for the painting must be in writing. In order to have a legal purchase of the painting, Kim: |
d. may have Michelle sign on his behalf if the agency agreement is in writing. |
|
Selma, an elderly widow, gives her young neighbor Steven written power of attorney. This means that Steven now: |
c. has express authority to act as Selma’s agent. |
|
Yakov hires Melina to be his Vice President for Marketing. The job description is pretty broad but does not include the ability to hire or terminate lower level employees in the Marketing division. If Melina has this power, it is based on her: |
c. implied authority. |
|
Dean is not Paul’s agent, but Paul tells Charlie that Dean has always been a good friend and can "handle any of my business affairs." If Dean were to later enter into a contract with Charlie on Paul’s behalf, Dean would be acting under an: |
c. apparent authority. |
|
Lizzie works for Gary in his dance supply shop and is authorized to sell inventory but not to order new merchandise. Rena, a sales representative for a new line of dance wear, comes into the store and Lizzie places an order with her. When Gary learns the details of Lizzie’s purchase he wants to ratify the contract. The one condition that is NOT necessary for ratification is: |
d. Rena must withdraw from the transaction before Gary ratifies it. |
|
Gina buys a piece of pottery from Woodward for her principal, Kelvin. If Woodward knows that Gina is buying the pottery on behalf of someone other than herself but does not know the identity of that person, Kelvin is: |
c. a partially disclosed principal. |
|
Maureen knows that her friend Kramer collects duck memorabilia. One day, she spots a carved wooden duck she is sure he will love. She tells the shop owner that Kramer will pay her for the duck as soon as he sees it, and she takes the duck with her to show it to Kramer. Kramer is: |
b. not liable. |
|
Patricia hires Albert to sell Patricia’s expensive sports car. Albert agrees on a sale with Zeke, who wants to purchase the car for its powerful engine and well-kept condition. Albert does not disclose Patricia’s identity to Zeke. Albert also does not disclose the fact that Albert is an agent for someone else. Zeke tenders the purchase price to Albert, but Patricia refuses to deliver the car as agreed. In this situation: |
d. Patricia is bound to perform. |
|
Jason instructs his agent Miguel to obtain a piece of artwork from Martina by threatening to beat her if she refuses to sell the artwork. Miguel follows Jason’s instruction and beats Martina when she refuses to sell the item. In this situation: |
c. both Jason and Miguel are liable for Martina’s injuries. |
|
Donald is a new financial analyst for a large stock-brokerage company. On the way to work, Donald collides with Yolanda, injuring her. Donald would normally be considered to be acting: |
c. outside the scope of employment. |
|
Francis drives a delivery truck for Weston Industries. In the middle of his delivery route, Francis stops to have a two-hour lunch with friends twenty miles away. While in the restaurant, Francis spills some water and another person falls on it. That person sues Weston Industries. To determine liability, a court would likely decide that Francis was acting: |
a. outside the scope of employment. |
|
Sarah asks Sergio to mow her lawn. Sergio, who is overloaded with work, contracts with Dan to do the work for him as an independent contractor. As Dan is mowing, Sarah walks out of her house and the lawnmower throws a rock and hits Sarah, causing serious injuries. In this situation, Sergio is: |
b. probably not liable for Sarah’s injuries. |
|
Ernest signs a listing agreement with Lisa to sell his house. Before Lisa finds a buyer, the house is destroyed by flooding. In this case, the agency agreement between Ernest and Lisa: |
a. terminates based on impossibility. |
|
Selena signs a power of attorney appointing Kim, for the sole purpose of signing paperwork on her behalf that relates to the sale of her house. The power of attorney will automatically terminate based on: |
b. the purpose being achieved. |
|
Samantha borrows $10,000 from John to start her business. She gives John her stock in AT&T, authorizing him to sell it if she defaults on her loan. If she later attempts to terminate his authority to sell the stock, she will not be successful because she gave John an agency: |
c. coupled with an interest. |
|
To a large extent, statutory law has displaced common law doctrines that apply to employment relationships. |
a. True |
|
… |
… |
|
Minimum wage The lowest wage, either by government regulation or union contract, that an employer may pay nonexempt employees., |
… |
|
An employer may be held liable for the wrongful discharge of an employee if the discharge violated: _____________ |
The common law or statutory law |
|
The federal government began to regulate wages and working hours of employees _______ |
In the 1930’s |
|
Wrongful discharge An employer’s termination of an employee’s employment in violation of an employment contract or a statutory law protecting employees. |
… |
|
Which of the following laws does NOT relate to the regulation of wages and working hours? ___________ |
The national recovery act |
|
The most common exception to the employment-at-will doctrine is made on the basis that the employer’s reason for firing the employee violates a fundamental public policy of the jurisdiction. |
a. True |
|
The Fair Labor Standards Act (FLSA) does NOT: ____________________ |
restrict the power of federal courts issuing injunctions against unions |
|
Federal rules concerning worker safety are enforced by ______ |
OSHA |
|
What can OSHA compliance officers do with respect to facilities of establishments covered by the act? ____________ |
Enter and inspect the facilities |
|
Children under fourteen years of age are allowed to do only certain types of work, such as delivering newspapers or working for their parents. Youths between the age of fourteen and fifteen cannot be employed in hazardous occupations. Any employee who works more than forty hours per week must be paid no less than 1.5 times her or his regular pay for all hours over forty. |
… |
|
One of the major federal laws dealing with layoffs is the: |
c. Worker Adjustment and Retraining Notification Act (WARN). |
|
The WARN Act applies to employees with at least _____ full-time employees. |
100 |
|
A mass layoff is defined as one that involves at least ____ of the full-time employees at a particular job site. |
1/3 |
|
The Family and Medical Leave Act (FMLA) supersedes all state and local laws that provide more generous protection. |
b. False |
|
The FMLA affects employers who have ______ or more employees. |
50 |
|
Under the Fair Labor Standards Act, eligible employees may take up to twelve weeks of leave within a twelve-month period to care for the employee’s spouse, child, or parent who has a serious health condition. |
a. True |
|
Which of the following reasons is an employee NOT able to use as unpaid leave granted by the Family and Medical Leave Act? |
c. For routine annual medical checkups and general maintenance. |
|
With respect to a worker’s health-care coverage, when an employee takes FMLA leave, the employer: |
a. must continue the worker’s health-care coverage on the same terms as if the employee had continued to work. |
|
If an employer violates the FMLA, the employer may be required to provide all of the following remedies EXCEPT: |
d. permanent employment. |
|
The key federal law dealing with employee protection from the financial impact of retirement is the _____________ |
Social security act |
|
Whenever a work-related injury or disease occurs, employers must make reports directly to OSHA. |
a. True |
|
Vesting Under the Employee Retirement Income Security Act of 1974, a pension plan becomes vested when an employee has a legal right to the benefits purchased with the employer’s contributions, even if the employee is no longer working for this employer., |
… |
|
Workers’ compensation laws State statutes establishing an administrative procedure for compensating workers’ accidental injuries that arise out of—or in the course of—their employment, regardless of fault. |
… |
|
The act that regulates private pension funds is ________ |
ERISA |
|
If an employee recovers benefits from a workers’ compensation claim, he or she: |
b. is normally barred from suing the employer for negligence. |
|
In order to recover benefits under state workers’ compensation laws, there must be the existence of an employment relationship and an accidental injury that occurred on the job or in the course of employment. |
… |
|
In order for a worker to recover benefits under state workers’ compensation laws, the worker must not be at fault for the injury that occurred on the job or in the course of employment. |
b. False |
|
To qualify for workers’ compensation benefits, an injured employee must notify her or his employer usually within ______ days of the accident. |
30 |
|
The federal law that provides continued access to health insurance to workers who have been terminated from their employment is known as __________ |
COBRA |
|
The Social Security Act provides for all BUT the following: |
a. dental care insurance. |
|
In order to comply with current immigration laws, employers must verify a new hire’s right to work through completion of: ____________ |
An I-9 employment eligibility form |
|
The ______________ Act created a state-administered unemployment compensation system. |
Federal unemployment tax |
|
Acceptable documents verifying legal eligibility to work include all of the following EXCEPT: ______ |
A drivers license |
|
The Affordable Care Act (Obamacare) applies to most employers with ____ or more full-time employees. |
50 |
|
The First Amendment’s protection of free speech prevents private and public employers from restraining speech by blocking Web sites. |
b. False |
|
If employees have been informed that their communications are being monitored, they cannot reasonably expect those interactions to be private. |
a. True |
|
A common name for an I-551 Alien Registration Receipt is a: _______ |
Green card |
|
The first step in creating a union is to: ________ |
Have the workers sign authorization cards |
|
Individuals with H-1B visas can stay in the United States for _______ to ______ years and can work only for the sponsoring employer. |
Three, six |
|
The National Labor Relations Act established the right to: __________ |
Engage in collective bargaining and to strike |
|
All of the following are employer practices unfair to labor under the National Labor Relations Act EXCEPT: |
d. Discrimination in the payment of wages and benefits according to the skill and ability of the workers employed by the employer. |
|
Cease-and-desist order An administrative or judicial order prohibiting a person or business from conducting activities that an agency or court has deemed illegal., |
… |
|
Closed shop A firm that requires union membership as a condition of employment. The closed shop was made illegal by the Labor Management Relations Act of 1947., |
… |
|
Hot-cargo agreements An agreement in which employers voluntarily agree with unions not to handle, use, or deal in goods of other employers produced by nonunion employees., |
… |
|
Right-to-work laws A state law providing that employees must not to be required to join a union as a condition of obtaining or retaining employment., |
… |
|
Union shop A place of employment in which all workers, once employed, must become union members within a specified period of time as a condition of their continued employment. |
… |
|
The federal agency that monitors compliance with Title VII is the _______ . |
Equal Employment opportunity commission |
|
What is one way for a plaintiff to prove a disparate impact? __________________ |
By comparing the employers workforce to the pool of qualified individuals available in the local market |
|
Only employees are covered by the National Labor Relations Act. |
b. False |
|
Union shops are technically illegal in the states that have right-to-work laws. |
a. True |
|
The Labor-Management Reporting and Disclosure Act creates reporting requirements for _______ . |
union activities |
|
The practice of featherbedding involves a union requiring: |
b. employers to hire more employees than necessary. |
|
Collective bargaining The process by which labor and management negotiate the terms and conditions of employment, including working hours and workplace conditions., |
… |
|
Lockouts Occurs when an employer shuts down to prevent employees from working typically because it cannot reach a collective bargaining agreement with the union., |
… |
|
Secondary boycott A union’s refusal to work for, purchase from, or handle the products of a secondary employer, with whom the union has no dispute, for the purpose of forcing that employer to stop doing business with the primary employer, with whom the union has a labor dispute., |
… |
|
Strike An extreme action undertaken by unionized workers when collective bargaining fails. |
… |
|
Which of the following is NOT considered bad faith collective bargaining? |
e. Utilizing bargainers who have the authority to enter into agreements of behalf of the employer. |
|
If necessary, strikers may legally remain in the plant without working and engage in secondary boycotts in order to encourage good faith bargaining. |
b. False |
|
What rights do strikers have after a strike ends? |
c. They are guaranteed to return to their jobs after the strike if no satisfactory replacement workers have been found. |
|
An employer may not use a lockout as a tool to break a union and pressure employees into decertification. |
a. True |
|
Erin works for a dry-cleaning company that has a contract with the U.S. government. To save on cleaning fluid, her boss orders her to wash some clothes that are supposed to be dry-cleaned in a washing machine. When the courier hired to pick up the cleaned garments arrives, Erin tells him about her boss’s actions. Erin tells no one else about what is going on and is later fired. Erin: |
a. is not protected by the whistleblower statute because she failed to inform the proper party of the contract violation. |
|
Abigail works for a large pharmaceutical company as a scientist. While testing a potential new drug, she learns that company managers are illegally falsifying results that are being sent to the Food and Drug Administration (FDA) in order to streamline drug approvals. Abigail reports this practice to federal law enforcement. Company managers learn about Abigail’s disclosures and fire her. Abigail: |
a. is protected from wrongful discharge by the exception based on public policy. |
|
John works at San Marino Food Store as an assistant store manager. John’s boss, Michael, does not approve of John’s interest in football. Michael believes that baseball is the better sport. As a result, Michael fires John. Assuming no other contractual relationship exists between John and his employer, John: |
a. is not protected from discharge because he is an employee at will. |
|
The Scooter Store notified its employees at 5 p.m. on Friday that it is laying off two-thirds of its workforce as of today, and told them not to come in on Monday. It failed to provide advance notice to anyone and in doing so likely violated: |
b. the Worker Adjustment and Retraining Notification Act. |
|
Kera is an hourly employee of Xeon, Inc., who earns a wage of $10.00 an hour. During a busy season, Kera works fifty hours in one week. Xeon pays Kera $11.00 an hour for her overtime pay. Xeon is: |
a. not in conformance with the Fair Labor Standards Act because Xeon is obligated to pay no less than 1.5 times Kera’s regular pay for hours she worked over forty in one week. |
|
Julie’s father has been diagnosed with dementia, and Julie needs to be home to take care of her father for six consecutive weeks. Julie asks her employer, BigCo, for six weeks of medical leave under the Family and Medical Leave Act (FMLA) and her regular salary paid. Is BigCo obligated to grant this request? |
c. Partially yes, the Family and Medical Leave Act requires granting employees twelve weeks of medical leave per year for a qualifying reason. However, that leave does not have to be paid leave. |
|
Grocer’s Choice is the largest employer in the Pacific Northwest. It is covered by numerous federal employment laws. As such, it is required by the Family and Medical Leave Act of 1993 to provide employees with up to: |
a. 12 weeks of unpaid family or medical leave during any 12-month period. |
|
Byron works at Stich-Rite Clothing Factory. The company is required to maintain safe working conditions under the: |
a. Occupational Safety and Health Act. |
|
When Kimberly begins working for Pharmco Industries the company tells her that at a future date, based upon her years of employment with the company, she can receive retirement pay. Her rights to receive pay upon retirement would be considered: |
a. vesting. |
|
Maria works for MegaCorp, a large privately owned company specializing in sales of ball bearings. MegaCorp introduces filtering software to block access to certain non-work related Web sites, as well as sites containing sexually explicit images. Can Maria legally challenge the new policy? |
a. No, because private employers generally are free to use filtering software to block access to certain Web sites. |
|
Josh works for a federal governmental agency that requires drug testing as a condition of employment. He wants to challenge the constitutionality of the testing in court. For his case, Josh will attempt to rely on: |
d. the Fourth Amendment. |
|
Jonah owns a food processing company. His business was recently raided by U.S. Immigration and Customs Enforcement agents based on a tip that he was employing undocumented workers. In defending against this charge, Jonah may assert any of the following except: |
d. failure to maintain proper paperwork evidencing the right to work. |
|
Meg needs an electrician to do some work at her home. Her father advises her to make sure that the firm she plans to hire is not a closed shop. Meg is not sure what this means, but later learns that the "closed shop" that her father was referring to is: |
c. a firm that requires union membership by its workers as a condition of employment. |
|
Forest Products is a mill that has always successfully resisted unionization of its workers by offering better pay and benefits than other employers. Nevertheless, Wilson and several others would like to unionize. The first step they will need to take is to: |
d. have workers sign authorization cards. |
|
Which of the following is NOT covered by the Civil Rights Act of 1964, but may be covered under other statutes? |
e. Age. |
|
Disparate-impact discrimination A form of employment discrimination that occurs when a protected group of people is adversely affected by an employer’s practices, procedures, or tests, even though they do not appear to be discriminatory., |
… |
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Disparate-treatment discrimination A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of a protected class., |
… |
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Employment discrimination Treating employees or job applicants unequally on the basis of race, color, national origin, religion, gender, age, or disability. This is prohibited by federal statutes., |
… |
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Protected class A class of persons with identifiable characteristics who historically have been victimized by discriminatory treatment for certain purposes. Depending on the context, these characteristics include age, color, gender, national origin, race, and religion. |
… |
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The most important federal statute prohibiting employment discrimination against members of a protected class is: |
d. Title VII of the Civil Rights Act of 1964. |
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When labor practices discriminate against those in the majority it is called ________ |
reverse discrimination |
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Title VII applies to employers with _____ or more employees. |
15 |
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In 2011, the United States Supreme Court limited the rights of employees to bring discrimination claims against their employers as a group in the form of a class action lawsuit. |
a. True |
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In order to show disparate-treatment discrimination, a person must show that she or he is a member of a protected class, applied for and was qualified for the job in question, was then rejected by the employer, and the employer continued to seek applicants for the position, or filled the position with a person not in a protected class. |
… |
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When USERRA-covered employee returns from service, they are to ________________ |
be reemployed in the jobs that they would have attained had they not been absent for military service |
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A legitimate requirement of a job that discriminates against a protected class of people would be considered a(n) _______ |
Business necessity |
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In addition to the Civil Rights Act of 1964, victims of racial or ethnic discrimination may also have a cause of action under ______ |
42 U.S.C. Section 1981 |
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Employers cannot treat their employees more or less favorably based on their ______ beliefs or practices. |
Religious |
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Title VII of the Civil Rights Act prohibits government employers, private employers and unions from discriminating against persons because of their religion. |
a. True |
|
. The Equal Pay Act requires equal pay for male and female employees working at the same establishment doing similar work. |
a. True |
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The Lily Ledbetter Act states that an employee who claims she has received discriminatory wages has a limited time period with which to file a complaint in federal court. |
b. False |
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Constructive discharge occurs when the employer causes the employee’s working conditions to be so intolerable that a reasonable person in the employee’s position would feel compelled to quit. |
a. True |
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Quid pro quo harassment Harassment that occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases or other benefits., |
… |
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Hostile-environment harassment Harassment that occurs when a pattern of sexually offensive conduct runs throughout the workplace, and the employer has not taken steps to prevent or discourage it. |
… |
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For an employer to be held liable for a supervisor’s sexual harassment of a subordinate, the supervisor normally must take a(n) ____ employment action against the employee. This is defined as a(n) _____ change in employment status. The Ellerth/Faragher defense allows an employer to decrease or eliminate liability if the employer took _____ care to prevent and correct the behavior and if the plaintiff ______ failed to take advantage of any employer-provided opportunities to avoid the harm. |
Tangible, significant, reasonable, unreasonably |
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In a retaliation claim, an individual asserts that he or she has suffered harm as a result of making a Title VII complaint, or testifying or participating in an investigation or proceeding. |
a. True |
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When sexual harassment is between co-workers, the employer generally is liable only if the employer _______ or _______ known about the harassment and failed to take action. |
Knew, should have |
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Punitive damages are always awarded to successful plaintiffs in sexual harassment claims, because in order to win the plaintiff must show at least negligence by the employer in handling the situation. |
b. False |
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The most widespread form of discrimination may be ______ discrimination. |
age |
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For the Age Discrimination in Employment Act of 1967 (ADEA) to apply to an employer, that employer must have at least how many employees? |
b. 20 |
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In an age discrimination lawsuit, the employee has the burden of establishing that age was the actual reason for the discrimination. |
a. True |
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To establish a prima facie case of age discrimination, the plaintiff must show membership in a _____ class, meaning the plaintiff is at least _____ years old. In addition, the plaintiff must show ______ the position and that age was the ______ cause of the adverse employment |
Protected, 40, qualification for, "but for" |
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Once the plaintiff in an ADEA case has demonstrated the prima facie case, the employer has what? |
b. The burden to raise a legitimate nondiscriminatory reason for the adverse action. |
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Generally, states are immune from lawsuits brought by private individuals in federal courts for discrimination under the ______ Amendment. |
Eleventh |
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The primary law dealing with disability discrimination is the: |
a. ADA. |
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The Americans with Disabilities Act (ADA) requires an employer to accommodate a disability, even to extreme costs. |
b. False |
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To show a prima facie case under the ADA, a plaintiff must show the presence of a _____ that falls under the ADA, ______ for the position, and that the disability was ______ reason for the adverse employment action. |
Disability, qualification, the sole |
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Unlike Title VII, the ADA does not require the plaintiff to first file with the Equal Employment Opportunity Commission. |
b. False |
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The ADA defines the term "disability" very broadly . It includes any physical or mental impairment that substantially limits one or more of the major life activities of the affected individual. It also includes any record of having such an impairment. Finally, it includes being regarded as having such an impairment. |
… |
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An employer cannot discriminate against a disabled person, but can refuse to hire a caretaker of a disabled person. |
b. False |
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Whether a plaintiff is disabled is determined on a(n) ______ basis. |
case-by-case |
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The ADA has a provision that requires protecting and keeping confidential the medical information of an employee. |
a. True |
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The ADA requires that employers ________ accommodate disabilities unless it will create a(n) ______ . In addition, employers are required to modify their ______ for applications. |
Reasonably, undue hardship, processes |
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Substance addiction is considered a disability under the ADA, but the act does not protect those who are using illegal drugs. |
a. True |
|
Workers with disabilities may be given modified health-insurance plans to reduce the expense to other employees. |
b. False |
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The USERRA protects civilian job rights and benefits for members of the military, former military personnel, and reservists. It also provides additional protections for veterans who are disabled. |
a. True |
|
The Uniformed Services Employment and Reemployment Act of 1994 (USERRA) specifies that veterans remain employees at will in their private workplaces. |
a. True |
|
Discrimination that is not based on ability to perform the functions of the job, but that is societally necessary (meaning the class of people being denied employment could perform the functions of the job, but for some reason society requires that they not be hired) is justified by: |
b. a BFOQ. |
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For several reasons, an employer may want to promote from within based on performance and time in position. For those employers who used to discriminate, this ________ system would be a valid defense to charges of discrimination so long as discrimination is not still occurring at the entry level. |
Seniority |
|
Sometimes employers discover evidence of employee misconduct after someone has sued them for discrimination. Employers may try to use this evidence to completely avoid liability for the wrongful discrimination. While they cannot eliminate liability with this information, they may be able to limit the amount of damages they might have to pay. |
… |
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Title VII originally required all employers to implement affirmative action programs if they had a record of discrimination. |
b. False |
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Affirmative action programs ______ than Title VII by attempting to _______ past discrimination. |
Go further, make up for |
|
Affirmative action programs: |
c. are controversial because they are seen as reverse discrimination. |
|
One of the possible legal challenges to affirmative action programs is that they violate the equal protection clause of the Fourteenth Amendment. Because this amendment is at play, any affirmative action program that uses race or ethnicity as a basis for decision making is reviewed by the courts using strict scrutiny. |
… |
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Because discrimination law is primarily federal, states are not allowed to pass laws that ban affirmative action or protect classes other than those in the federal laws. |
b. False |
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Min applies for a job as a receptionist at an accounting firm. If she is denied a job because she is of Asian origin, she may be a victim of: |
b. disparate-treatment discrimination. |
|
Julio lives in an area with a high percentage of Hispanic workers. Many of these workers are legal immigrants who have relatively little college training. If, when Julio applies for his job, he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail to pass the test, the employer: |
b. might be engaged in disparate-impact discrimination. |
|
Carl tells Jenny that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms, this is known as: |
d. quid pro quo harassment. |
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Tammy, age sixty-three, works for Westcon, Inc. Tammy has been showing up for work late, and has a habit of placing confidential work files on her personal computer in violation of company policy. Jack, Tammy’s manager, fires Tammy for these reasons. Jack also considers an incidental benefit of Tammy’s discharge the fact that they can get someone younger in Tammy’s position. If Tammy files an Age Discrimination in Employment Act (ADEA), she will: |
a. be unsuccessful in court because Tammy’s age was not the "but for" reason for her discharge. |
|
Kurt is fifty-two years old and has worked for a company covered by the Age Discrimination in Employment Act (ADEA) of 1967. He wants to bring a claim of age discrimination against his employer because he was replaced by a younger, lower-paid worker. To make out a prima facie case of age discrimination, Kurt does not have to establish that he: |
a. was replaced by someone who was below the age of forty. |
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Mary is a data-entry employee at Computer Services, Inc., a small computer company. Mary’s sole job is to input information into a computer from paper invoices and spreadsheets. Mary develops chronic carpel tunnel syndrome, rendering her unable to type. As a reasonable accommodation, she requests that her employer hire a new employee to do the data entry on her behalf. Mary’s request: |
c. is not a reasonable accommodation because Mary’s request would place an undue hardship on the company. |
|
Wally is blind and would like to work for the Dairy Times writing articles on the dairy industry. Wally uses voice-recognition software that allows him to dictate articles to his computer. His computer is specially designed for visually impaired individuals. The Dairy Times interviews Wally but offers the job to a sighted person instead. Dairy Times may have violated: |
b. the ADA. |
|
Sarah is employed at Tulip Factory, Inc., as an accountant. Sarah takes military leave and two months later returns from military service. Tulip Factory managers offer Sarah a new job as a junior bookkeeper. This decision: |
a. violates the USERRA because returning service members are to be reemployed in the jobs that they would have attained had they not been absent for military service. |
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Executives at MegaCorp refuse to promote Nora, and then fire her, because of a preference to have only men in top leadership positions. Nora files a lawsuit against MegaCorp claiming sex discrimination. During the lawsuit, MegaCorp learns that Nora had been stealing company assets for five years. A possible outcome of this information may: |
a. limit the amount of damages for which the employer is liable |
|
Eastminster Presbyterian Church has an opening for a new head pastor. Mohammed, who is a Muslim, applies for the job. The church declines to hire him and continues to look for other applicants. If Mohammed files a claim of illegal discrimination against the church, the church: |
a. may assert a bona fide occupational qualification (BFOQ) defense. |
|
The University Smyth has an admissions policy that requires a certain number of points to be automatically awarded to minority applicants. This type of policy is likely a violation of the: |
c. equal protection clause. |
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