Employment Law
Mock Exam
Course Introduction
Employment Law provides an in-depth examination of the legal framework governing the relationship between employers and employees. The course covers key topics including employment contracts, workplace rights and obligations, anti-discrimination laws, wage and hour regulations, termination procedures, and health and safety standards. Students will explore landmark cases and statutory provisions affecting employees rights and employer responsibilities. Emphasis is placed on practical applications, dispute resolution, and current developments in employment standards and labor relations to prepare students for real-world workplace scenarios.
Recommended Textbook
Employment Law for Business 9th Edition by
Dawn D. Bennett-Alexander
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16 Chapters
800 Verified Questions
800 Flashcards
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Page 2
Chapter 1: The Regulation of Employment
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Q1) CMS,Inc.solicited bids from various contractors to develop and maintain the grounds of its new office complex.Roberta,the head of facilities management at CMS,told her secretary,LeAnne,that she will not accept any bids from a Russian contractor.She then rejected a bid made by a Russian contractor without any legitimate reason.If the Russian contractor brings a lawsuit against CMS for discrimination,what is the likely result?
A) Roberta's refusal to hire Russian contractors will be found to be a violation of the Social Security Act.
B) Roberta's refusal to hire Russian contractors will be found to be a violation of the Consumer Protection Act.
C) Roberta's refusal to hire Russian contractors will not be considered an offense because employers in the United States are free to discriminate against employees based on their race or national origin.
D) Roberta's refusal to hire Russian contractors will not be considered a violation of Title VII of the Civil Rights Act because that law does not cover discrimination against independent contractors.
Answer: D
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Chapter 2: The Employment Law Toolkit: Resources for Understanding
the Law and Recurring Legal Concepts
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Q1) Which of the following best relates to the employment-at-will doctrine?
A) An employer is free to discriminate against employees based on their gender, race, religion, or national origin.
B) Highly paid skilled workers in building and construction trades can pass their jobs on to a family member when they retire.
C) An employer can terminate an employee for any reason as long as the reason is not prohibited by law.
D) A government employee usually loses his or her constitutional rights when on the job.
Answer: C
Q2) If an employee in an Equal Employment Opportunity Commission (EEOC)case is successful,the employer will be liable for:
A) nonpecuniary compensatory damages up to $500,000 for gender discrimination and religious discrimination.
B) punitive damages under the disparate/adverse impact.
C) front pay for situations when reinstatement is not possible.
D) back pay of up to four years before the filing of the charge with the EEOC.
Answer: C
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Page 4
Chapter 3: Title Vii of the Civil Rights Act of 1964
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Q1) Describe the types of employees that are NOT covered by Title VII of the Civil Rights Act of 1964.
Answer: Employees not covered by Title VIIEmployees of employers having less than 15 employees. Employees whose employers are not engaged in interstate commerce. Non-U.S.citizens employed outside the United States. Employees of religious institutions,associations,or corporations hired to perform work connected with carrying on religious activities. Members of Communist organizations.
Employers employing Native Americans living in or around Native American reservations.
Employers who are engaged in interstate commerce but do not employ 15 or more employees for each of 20 or more calendar weeks in the current or preceding calendar year.
Q2) The moving force for enactment of Title VII of the Civil Rights Act of 1964 was:
A) Religious discrimination.
B) Gender discrimination.
C) Racial discrimination.
D) Discrimination based on education.
Answer: C
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Page 5
Chapter 4: Legal Construction of the Employment Environment
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Q1) The Eating Club,a five-star restaurant,advertises a job in the local newspaper as "Waiters needed.Experience required.Must look good in tuxedo." Ella has had experience working for a five-star restaurant and believes that she will look good in a tuxedo.However,when she applies for the job,she is rejected.Which of the following is true in this scenario?
A) Ella has no basis for a cause of action against The Eating Club as Title VII of the Civil Rights Act does not cover discrimination in recruitment or hiring practices.
B) Ella has a cause of action against The Eating Club as the advertisement contains language that indicates a preference based on sex.
C) Ella has no basis for a cause of action against The Eating Club because it is a private company.
D) Ella has a cause of action against The Eating Club for imposing restrictions that are not job related.
Q2) Discuss the factors that encourage workplace testing for ineligibility.What is the main criticism against polygraph testing?
Q3) What is eligibility testing? Why are eligibility tests conducted?
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Chapter 5: Affirmative Action
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Q1) Reverse discrimination is:
A) a claim brought by a woman in the workplace who feels she is a member of a protected class.
B) a claim brought by a majority member who feels he or she is a member of a protected class.
C) a claim brought by a majority member who feels he or she has been adversely affected by the use of an affirmative action plan.
D) a claim brought by a member of a protected class who feels he or she is underrepresented in the workplace.
Q2) AlphaOmega Defense is a federal contractor located in Chicago.It has noticed an underrepresentation of women and minorities in middle- and top-level jobs within the company.Should AlphaOmega adopt an affirmative action plan? If so,what should it consider?
Q3) The quantitative part of an affirmative action plan sets out a course of action for how to address any underrepresentation,underutilization,or other problems found in a federal contractor's workplace.
A)True
B)False
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Chapter 6: Race and Color Discrimination
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Q1) Zhu is the owner of Orchid Cleaning and Housekeeping Services.He never hires or promotes a black applicant to the position of supervisor because he believes that his predominantly Asian crew will not follow instructions from a black supervisor.Thus,Zhu is liable for:
A) reverse discrimination against an individual because of others' perceptions about the individual.
B) disparate treatment, and he cannot use the bona fide occupational qualification defense to protect himself.
C) constructive discharge, but he can use the business necessity defense to protect himself.
D) employment discrimination against an individual because of his or her association with someone of a particular race.
Q2) After slavery ended,the test used for many years to determine inclusion (or not)was the:
A) tea bag test
B) paper bag test
C) passing test
D) mixed-race test
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Page 8
Chapter 7: National Origin Discrimination
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Q1) Once an employee has articulated a prima facie case of discrimination based on national origin,the burden falls on his or her employer to:
A) identify a bona fide occupational qualification (BFOQ).
B) prove that there has been a violation of the doctrine of promissory estoppel.
C) establish that no other employee was subjected to such disparate treatment.
D) show that the employee belongs to a protected class.
Q2) The discharge of a teacher from her services is upheld when,although fluent in English,she spoke with such a thick accent that her students found it difficult to follow her.
A)True
B)False
Q3) Distinguish between national origin and citizenship.
Q4) Innocent or negligent discrimination is a defense to a claim of discrimination under the Immigration Reform and Control Act (IRCA).
A)True
B)False
Q5) Describe what must be shown in order to make a successful Title VII claim of national origin discrimination.
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Chapter 8: Gender Discrimination
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Q1) Jonah and Sally,recent graduates,are hired as computer analysts for ComputerWorld Inc.In a conversation over lunch,Sally discovers that Jonah's salary is 15 percent higher than hers.Assuming that she is being paid less because she is a female,Sally contacts the human resources department,demanding that her salary be increased by 15 percent.After a few days,however,she is informed that Jonah violated company policy by discussing his salary,and his salary would be reduced by 15 percent to maintain equality.In this scenario:
A) Sally does not have a discrimination claim under the Equal Pay Act because the company remedied the wage discrepancy by lowering Jonah's salary.
B) Jonah has a discrimination claim because the employer violated the Equal Pay Act by reducing Jonah's salary to match Sally's salary.
C) Sally has a claim under the Equal Pay Act only if she can show that she incurs more monthly expenses than Jonah.
D) Sally does not have a claim for discrimination under the Equal Pay Act because ComputerWorld is a private employer.
Q2) Describe "gender-plus" discrimination,and the issues that arise as a result of it.Give at least two examples.
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Page 10
Chapter 9: Sexual Harassment
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Q1) Sexual harassment doesn't have much tangible cost to a business; instead,it is a matter of business or employer reputation.
A)True
B)False
Q2) Elena works in a mostly-male workplace and each day is subjected to endless comments such as "you're doing men's work" or "you're taking the job away from a man." These types of comments may be the basis for a sexual harassment claim.
A)True
B)False
Q3) Doug occasionally compliments his secretary when he arrives at the office,saying things like,"Mrs.Woods,you look nice today," or "That's a nice dress." In this case,Mrs.Woods would not have a claim for sexual harassment.
A)True
B)False
Q4) Distinguish quid pro quo sexual harassment from hostile environment sexual harassment.
Q5) What are the elements of hostile environment sexual harassment?
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11
Chapter 10: Sexual Orientation and Gender Identity
Discrimination
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Q1) Employers have some flexibility in making workplace policies and decisions related to LGBT employees because:
A) the Equal Employment Opportunity Commission (EEOC) isolates gender identity from gender discrimination.
B) sexual orientation does not fall under the jurisdiction of state laws.
C) the Equal Protection Clause of the U.S. Constitution is limited to married, heterosexual couples.
D) sexual orientation is not a protected category under Title VII of the Civil Rights Act of 1964.
Q2) The Defense of Marriage Act (DOMA)defined marriage,for federal purposes,as between any two individuals,regardless of their gender identities or sexual orientations.
A)True
B)False
Q3) LGBT employees are not eligible to bring civil tort actions such as defamation or intentional infliction of emotional distress,and others.
A)True
B)False
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Page 12
Chapter 11: Religious Discrimination
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Q1) Discuss the six factors that will be considered by the courts and the Equal Employment Opportunity Commission in determining whether an employer has successfully borne the burden of reasonably accommodating an employee's religious conflict.
Q2) An employee who has a religious conflict has no duty to assist with their employer's attempt to accommodate the conflict.
A)True
B)False
Q3) An employee may successfully sue for religious discrimination on the basis of all of the following except:
A) the employee is terminated because the employee refuses to work on a particular day because it is their Sabbath
B) the employee believes their religion requires them to dress in a particular way and they are terminated for not following the employer's dress code
C) the employee refuses to pay employment-based taxes because they believe that the government does not have the right to collect them
D) the employee is denied a request to take certain days off that represent religious holidays
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13
Chapter 12: Age Discrimination
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Q1) The Older Workers Benefit Protection Act (OWBPA)requires that a signed waiver of an employee's rights to file a claim under the ADEA be "knowing and voluntary".To be considered "knowing and voluntary",the waiver must satisfy each of the following requirements except:
A) the waiver must specifically refer to ADEA rights or claims.
B) the employee has sufficient time to review the waiver, and is directed to consult with an attorney before signing.
C) the waiver must be signed in the presence of two independent witnesses and a notary public.
D) in exchange for signing the waiver, the employee must receive consideration in addition to that which he is already entitled to
Q2) A(n)________ is the intentional relinquishment of a known right.
A) burden shift
B) equitable relief
C) waiver
D) pretext
Q3) Describe the four elements that an employee must establish to establish a prima facie case of age discrimination based on disparate treatment.
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Page 14
Chapter 13: Disability Discrimination
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Q1) An employer may defend a disability discrimination case with a claim of business necessity.
A)True
B)False
Q2) A person who is substantially limited in performing the unique aspects of a single,specific job will be deemed substantially limited in the major life activity of working.
A)True
B)False
Q3) If an employee is treated as disabled by the employer but has no disability,there can be a violation of the ADA.
A)True
B)False
Q4) In a disparate treatment case involving a disabled employee,one of the employer's defenses is to establish that the employment action was taken as a result of the employee's:
A) poor performance.
B) physical disability.
C) reluctance to request accommodation.
D) perceived disability.
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Chapter 14: The Employees Right to Privacy and Management of Personal Information
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Q1) The U.S.Constitution protects public employees from wrongful invasion of privacy by anyone acting on behalf of the government.
A)True
B)False
Q2) Which information below is NOT legally protected (i.e.,it can be legally accessed by the employer)under U.S.privacy law?
A) the contents of an employee's phone call made using the employer's phone, on the employer's premises, during working hours
B) an employee's criminal record
C) the contents of an employee's private e-mail, accessed on a work computer
D) that obtained by a search of the employee's body or physical space (so by a pat-down or body search)
Q3) There is no comprehensive federal workplace privacy legislation.
A)True
B)False
Q4) What steps can an employer take to ensure respect of employee information and privacy while also maintaining a balanced management of its workforce?
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Chapter 15: Labor Law
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Q1) The Landrum Griffin Act of 1959 includes provisions designed to safeguard union funds.
A)True
B)False
Q2) Explain how criminal conspiracy laws and injunctions were used against workers prior to the advent of modern labor law in the mid-20 century.
Q3) The exclusive representation clause sets forth the basis for grievances regarding conflicts over the meaning of the collective bargaining agreement and procedures for addressing them.
A)True
B)False
Q4) Which of the following statements is true of a shop steward according to the National Labor Relations Act?
A) He or she is elected by an employer to negotiate with the union.
B) He or she is not allowed to collect union dues from employees.
C) He or she is not allowed to be an union member.
D) He or she is permitted to recruit new workers.
Q5) List the six unfair labor practices that could be committed by organized labor under section 8 of the Taft-Hartley Act.
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Chapter 16: Selected Employment Benefits and Protections
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Q1) Workers' compensation laws are generally no-fault,which means that workers injured on the job are entitled to recover from their injuries without having to prove who is at fault.
A)True
B)False
Q2) Steven,an environmental enthusiast,volunteers to work as an intern at Green Trees,a non-profit organization dedicated to environmental protection.Green Trees hires Steven without any pay.Which of the following is most likely to be true in this case?
A) Green Trees violated the Fair Labor Standards Act because it is legally required to pay all hired employees.
B) Green Trees did not violate the Fair Labor Standards Act because unpaid internships at non-profit charitable organizations are generally permissible.
C) Green Trees may not be required to pay Steven any overtime compensation, but it is required to pay him a minimum wage for his services.
D) Green Trees is required to guarantee Steven a job at the conclusion of his internship if he is not being paid during the internship period.
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