Course Introduction
Personnel Law
Test Questions
Personnel Law explores the legal principles and regulations that govern the employer-employee relationship in both public and private sectors. The course covers key topics such as hiring practices, workplace discrimination, wage and hour laws, employee rights, termination procedures, labor unions, occupational safety, and the impact of federal and state statutes like the Fair Labor Standards Act, Title VII of the Civil Rights Act, and the Americans with Disabilities Act. Students will learn to analyze legal cases, interpret employment contracts, and understand how personnel law affects organizational policies and human resource management.
Recommended Textbook
Employment and Labor Law 9th Edition by
Patrick J. Cihon
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22 Chapters
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Page 2
Chapter
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Q1) President Roosevelt threatened to increase the number of Justices on the Supreme Court, if the Court did not change its view of:
A) employment protection legislation.
B) employer protection legislation.
C) health-insurance reform.
D) family and medical leave legislation.
Answer: A
Q2) New Deal Legislation passed at the urging of:
A) the Supreme Court of the United States.
B) Franklin D.Roosevelt.
C) Herbert Hoover.
D) Harry S.Truman.
Answer: B
Q3) Which of the following issues or trends contributed to the gradual decline of organized labor?
A) Union abuse of power
B) Political scrutiny of illegal and unethical activity
C) Globalization
D) All of these answers.
Answer: D
Page 3
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Chapter 2: Employment Contracts and Wrongful Discharge
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Q1) What is the exception under employment-at-will?
Answer: The most common exception to the employment-at-will rule is the public policy exception.Under this although the employee is employed at-will, termination is illegal if a clear and significant mandate of law (statutory or common) is damaged if the firing is permitted to stand unchallenged.
Q2) Section 3(a) of the Model Employment Termination Act states "an employer may terminate the employment of an employee without good cause.
A)True
B)False Answer: False
Q3) Employees cannot be terminated under the public policy exception.
A)True
B)False Answer: False
Q4) The Sarbanes-Oxley Act amended the Employee Retirement Income Security Act (ERISA).
A)True
B)False Answer: True
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Chapter 3: Commonly Committed Workplace Torts
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Q1) What is qualified privilege and which kind of privilege is provided to public and private employees?
Answer: Immunity from a suit in the absence of malice is known as qualified privilege.Privilege can be absolute or qualified.Public employers may enjoy an absolute privilege or sovereign immunity from lawsuit.Private employers have a qualified privilege, meaning they are protected from lawsuit if they speak without malice.
Q2) Since business defamation is a ______, it can amount to strict liability once the plaintiff has proved that the damaging statement was ______.
A) criminal offence; heinous
B) misdemeanor; unreasonable
C) per se tort; published
D) negligence; intentional
Answer: C
Q3) One of the most commonly committed workplace torts is defamation.
A)True
B)False
Answer: True
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Page 5
Chapter 4: Employee Privacy Rights in the 21st Century
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Q1) Pre-employment drug testing is typically considered:
A) contractual.
B) mandatory.
C) illegal.
D) a company policy.
Q2) Surveillance and eavesdropping are techniques commonly associated with police, spies and military intelligence.
A)True
B)False
Q3) Monitoring of behavior from a distance by means of electronic equipment or other means of technology is known as surveillance.
A)True
B)False
Q4) If a former employer withholds relevant information about an employee from his or her new employer, this may actually expose the former employer to:
A) criminal liability.
B) tort liability.
C) civil liability.
D) absolute liability.
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Chapter 5: The Global Perspective:international
Employment Law and American Immigration Policy
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Q1) The Alien Tort Claims Act was enacted in 1789 as part of the original Judiciary Act.
A)True
B)False
Q2) A judicial authority in one contracting state may request its counterpart in another contracting state to facilitate such discovery activities as the taking of depositions or sworn statements in support of litigation, including labor and employment litigation.This is a convention on the:
A) service of judicial and extrajudicial documents in civil or commercial matters.
B) recognition and enforcement of Foreign Arbitral Awards.
C) civil aspects of international child abduction.
D) taking of evidence abroad in civil or commercial matters.
Q3) What is the purpose of the Immigration Reform and Control Act (IRCA) of 1986?
Q4) What steps did Brazil take in the eradication of child labor and slavery?
Q5) In Chamber of Commerce of U..v.Whiting, what act was examined?
A) Alien Tort Claims Act
B) Legal Arizona Workers Act
C) Torture Victim Protection Act
D) Immigration Reform and Control Act
Page 7
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Chapter 6: Title VII of the Civil Rights Act and Race Discrimination
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Q1) The Supreme Court held that a plaintiff must "offer statistical evidence of a kind and degree sufficient to show that the practice in question has caused the exclusion of applicants for jobs or promotions because of their membership in a protected group" in the case of:
A) International Brotherhood of Teamsters v.United States.
B) Watson v.Fort Worth Bank & Trust.
C) Connecticut v.Teal.
D) United Steelworkers of America v.Weber.
Q2) A method of demonstrating that an employment selection device reflects the content of the job for which employees are being selected is:
A) constructive validity.
B) content validity.
C) disparate impact.
D) criterion-related validity.
Q3) Title VII is administered by the:
A) Securities and Exchange Commission.
B) Department of Justice.
C) Supreme Court.
D) Equal Employment Opportunity Commission.
Page 8
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Chapter 7: Gender and Family Issues:title VII and Other Legislation
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Q1) An employer may require a second or third medical opinion at the employee's expense when the employee applies for leave under serious health condition.
A)True
B)False
Q2) Explain the provision of the Equal Pay Act.
Q3) In which of the following cases did the court hold that an employer who requires women to wear a uniform but has no such requirement for men violates Title VII?
A) Fountain v.Safeway Stores, Inc.
B) Carroll v.Talman Federal Savings & Loan Assoc.
C) Baker v.California Land Title Co.
D) Willingham v.Macon Tel.Publishing Co.
Q4) When the pay differentials between the male and female employees are due to a seniority system, a merit pay system, a productivity-based pay system, or "a factor other than sex," the pay differentials do not violate Title VII.
A)True
B)False
Q5) Which state legislation provides pregnancy leave?
Q6) Explain the coverage of the Equal Pay Act.
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Chapter 8: Discrimination Based on Religion and National
Origin and Procedures Under Title VII
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Q1) An employer may violate _____ by discriminating against an applicant or employee whose education or training is foreign.
A) the Sarbanes-Oxley Act
B) disparate impact
C) Title VII
D) disparate treatment
Q2) Complaints by federal of violations of Title VII may choose to pursue the complaint with the:
A) state court.
B) U..Supreme court.
C) federal apex court of the state.
D) EEOC or file suit in federal court.
Q3) What does Title VII of the Civil Rights Act of 1964 deal with?
Q4) Awarding of back pay and seniority is a:
A) principle reversed by the Supreme court.
B) remedy under Title VII.
C) state employment policy.
D) federal employment policy.
Q6) Explain the policy regarding English-Only Rules. Page 10
Q5) What are the remedies provided under Title VII?
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Chapter 9: Discrimination Based on Age
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Q1) What are the exemptions and defenses available for employers when a plaintiff establishes a prima facie case of age discrimination?
Q2) Fifty-five year old Mark has worked with an organization for 20 years and was looking forward to his impending promotion.During his annual appraisal, his supervisor stated that he had "put in enough time" and suggested he step down from his post since most executive employees retired at the age fifty five.In this instance, Mark does not need to resign since:
A) he is physically fit to work.
B) under Age Discrimination in Employment Act mandatory retirement of such executives prior to sixty-five is still prohibited.
C) retirement will violate Americans with Disabilities Act.
D) it is mandatory for his organization to hand him the promotion considering his age and level of experience.
Q3) The Equal Employment Opportunity Commission administers and enforces the Age Discrimination in Employment Act (ADEA).
A)True
B)False
Q4) What are the provisions of the Age Discrimination in Employment Act?
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Page 12
Chapter 10: Discrimination Based on Disability
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Q1) Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability by:
A) states executive.
B) private agencies.
C) companies.
D) federal executives.
Q2) The Americans with Disabilities Act (ADA) considers a drug test to be a medical examination, and it prohibits an employer from administering drug tests to its employees or from making employment decisions based on the results of such tests.
A)True
B)False
Q3) Discrimination on the basis of disability against otherwise qualified individuals with a disability by persons or entities operating or administering any federally funded programs is prohibited under the:
A) Civil Rights Act, section 501.
B) Americans with Disabilities Act, section 503.
C) Rehabilitation Act, section 504.
D) Title VII, section 505.
Q4) What are the defenses available under the ADA?
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Chapter 11: Other EEO and Employment Legislation:federal and
State Laws
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Q1) The federal and state legislation generally prohibits employers from requiring employees to take:
A) honesty tests.
B) polygraph tests.
C) psychometric tests.
D) physical fitness tests.
Q2) Persons who are affected by alleged violations of the USERRA must file written complaints with the U..Attorney General.
A)True
B)False
Q3) By refusing to bargain in good faith, employers and unions that negotiate, or attempt to negotiate, discriminatory provisions in seniority systems, pay scales, or promotion policies could be committing unfair labor practices in violation of Section 8(a)(5) or Section 8(b)(3).
A)True
B)False
Q4) What are remedial affirmative action plans?
Q5) What are the exceptions under EPPA to allow polygraph testing?
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Q6) What is the role of Uniformed Services Employment and Reemployment Rights Act?
Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
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Q1) The NLRB adopted an administrative organization that made it prosecutor, judge, and jury with regard to complaints under the act because the Wagner Act gave little guidance concerning the administrative structure of the agency.
A)True
B)False
Q2) Antitrust laws provided legal weapon for employers in the form of the Sherman Antitrust Act of 1890.Which of the following acts appeared to provide the relief sought by the laborers?
A) The Railway Labor Act
B) The Norris-La Guardia Act
C) National Labor Relations Act
D) Clayton Act
Q3) The National Labor Board established the principles of _____ and _____ in a particular bargaining unit.
A) injunctions; ex parte agreement
B) majority rule; exclusive representation
C) rules of evidence; appellate rules
D) miranda warning; negotiation
Q4) Discuss the socialist movement and its political influence.
Page 15
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Chapter 13: The Unionization Process
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Q1) In National Steel Supply, Inc.and International Brotherhood of Trade Unions, Local 713, the NLRB ordered the employer to cease and desist from engaging in:
A) whipshaw strikes.
B) criminal conspiracy.
C) unfair labor practices.
D) monopoly practices.
Q2) A bargaining representative election was held in Smith Electronic Company against the will of the employer.The employer threatened to terminate those employees who cast their vote during representative election.In this situation, the employer has violated:
A) administrative regulations.
B) the contract bar rule.
C) the silent period.
D) the forty-eight-hour rule.
Q3) What happens if the union loses the election due to employer's illegal actions?
Q4) Unfair labor practice strikers are not eligible to vote in any election held during the strike.
A)True
B)False
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Chapter 14: Unfair Labor Practices by Employers and Unions
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Q1) What are the criteria for employer rules limiting soliciting activities?
Q2) According to NLRB v.Johnnie's Poultry Co.and Wisconsin Porcelain Co, an interrogation must include reassurances that participation in the interrogation is:
A) performance related.
B) mandatory.
C) fair labor practice.
D) voluntary.
Q3) If an employer asks any employee to be filmed for use in an antiunion video then it amounts to violation of the NLRA.
A)True
B)False
Q4) As remedy for violation of Section 8(a)(2), the NLRB may order the employer:
A) to cease recognizing the union.
B) not to cancel any agreements reached with the union.
C) give support or assistance to the union.
D) not to disband an in-house or captive union.
Q5) Weingarten rights are not available to nonunion employees.
A)True
B)False
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Chapter 15: Collective Bargaining
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Q1) In H.K.Porter Co.v.NLRB, the dispute mainly revolves around the union's desire to have the company agree to "check off" the dues owed to the union by its members, that is, to deduct those dues periodically from the company's wage payments to the employees.The evidence shows, and the court found, that the company's objection was not because of inconvenience, but solely on the ground that the company was:
A) not agreeing to the union's demands.
B) having direct contacts with the individual employees.
C) not furnishing the requested financial information.
D) not going to aid and comfort the union.
Q2) Section 8(b)(3) allows a union representing a group of employees to refuse to bargain with their employer.
A)True
B)False
Q3) Employees who go on an economic strike during the sixty-day "cooling-off" period lose their status as employees and the protections of the NLRA.
A)True
B)False
Q4) Explain the concept of duty to furnish information.
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Chapter 16: Picketing and Strikes
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Q1) A union that unilaterally delays the start of a strike beyond the time specified in the written notice violates _____ of the NLRA.
A) Section 9(a)
B) Section 8(a)(1)
C) Section 8(g)
D) Section 8(a)(5)
Q2) Secondary boycott prohibitions were intended to protect _____ from union pressure.
A) private employers
B) neutral employers
C) the federal government
D) health-care providers
Q3) Consumer picketing is also known as:
A) product picketing.
B) union picketing.
C) in situs picketing.
D) organizational picketing.
Q4) Section 8(e) allows the negotiation and enforcement of hot cargo clauses.
A)True
B)False
Page 19
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Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) An implied no-strike clause does not cover any dispute that is subject to arbitration under the agreement.
A)True
B)False
Q2) 11 U.. Section 1114 creates a procedure for modification or rejection of retiree benefit obligations.Explain this statement by stating the provisions covered under Section 1114.
Q3) In In re AMR CORPORATION, what section of the Bankruptcy Code was at issue?
A) Section 103
B) Section 301
C) Section 1113
D) Section 1114
Q4) According to the amendment of the Bankruptcy Code to deal with the rejection of a collective agreement, the bankruptcy court is required to hold a hearing on the employer's petition within _____ days.
A) ten
B) fourteen
C) twenty
D) thirty
Page 20
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Chapter 18: The Rights of Union Members
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Q1) The legal controls on unions are the result of actions by the courts, the National Labor Relations Board (NLRB), and Congress.
A)True
B)False
Q2) In Glover v.St.Louis-San Francisco Railway, the Supreme Court held that employees _____ when the union and employer are cooperating in the violation of employee rights.
A) have to revise the labor contract
B) must seek intervention of a third party
C) need not exhaust contract remedies
D) need to exhaust internal remedies
Q3) Section 8(b)(1)(A) of the NLRA allows union actions that restrain, coerce, or interfere with employee rights under Section 7 of the NLRA.
A)True
B)False
Q4) Union security clauses generally involve either a unilateral clause or a bilateral clause.
A)True B)False
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Chapter 19: Public Sector Labor Relations
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Q1) The management-rights clause contained in the Federal Service Labor-Management Relations Act (FSLMRA) state that decisions to assign work, contract out work, or select candidates to fill positions are:
A) subject to arbitration under the NLRA.
B) not subject to negotiation.
C) guided by fair labor practices.
D) restricted in the case of government employers.
Q2) What happens when a complaint alleging unfair labor practices is filed with the Federal Labor Relations Authority?
Q3) Consultation rights entitle the union to be informed of any substantive change in employment conditions proposed by the:
A) Secretary of Labor.
B) senate.
C) employer.
D) Court.
Q4) What does the collective bargaining for the public sector employees involve?
Q5) Briefly explain the role of the Federal Service Labor-Management Relations Act.
Q6) What does the Hatch Act prohibit?
Q7) What is the duty of the Merit System Protection Board (MSPB)?
Page 22
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Chapter 20: Occupational Safety and Health
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Q1) The Occupational Safety and Health Act requires employers to furnish their employees a workplace that is free from recognized hazards that cause, or are likely to cause, serious injury or death.
A)True
B)False
Q2) Sheila, a physically-challenged employee at National Steel Manufacturing Company, informs her supervisor about the lack of ventilation in the assembly unit, but the supervisor takes no action on her suggestion.In this scenario, it may be concluded that National Steel Manufacturing Company has violated the:
A) Civil Rights Act.
B) Occupational Safety and Health Act.
C) Americans with Disability Act.
D) Equal Employment Opportunity Act.
Q3) In Marshall v.Barlow's Inc. the Supreme Court held that an employer subject to an OSHA inspection may insist upon a(n):
A) search warrant.
B) injunction.
C) court order.
D) indictment document.
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Page 23
Chapter 21: The Employees Safety Nets:unemployment and Workers Compensation, Social Security, and Retirement Plans
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Q1) Explain the concept of a fiduciary.
Q2) Define willful misconduct.
Q3) What are the two types of benefit plans established under the Employee Retirement Income Security Act (ERISA)?
Q4) Which are the two enactments that predated the National Labor Relations Act and Workers' Compensation laws?
Q5) In the 1990 case of Adams Fruit Co. Inc.v.Barrett, the Supreme Court held that workers could bring suit for violations of specific federal legislation despite the fact that:
A) the employer has filed for bankruptcy protection.
B) the employer was willing to provide reemployment to retrenched employees.
C) the injury inflicted was not proven to be work-related.
D) they had received benefits under the state workers' compensation law.
Q6) Unemployment compensation litigation starts with the active worker's application for benefits.
A)True
B)False
Q7) Discuss workers' compensation. Page 24
Q8) What are the three major benefits that fall under the Social Security system?
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Chapter 22: The Fair Labor Standards Act
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Q1) Mathew is an outside salesperson employed by ABC Distributors.His payment was below minimum wages and he was not entitled to get the overtime pay, even if he worked for extra hours.Can Mathew file a suit against the employer claiming minimum wages and overtime pay?
A) No, because outside salespeople are exempted from both the overtime and minimum wage provisions.
B) Yes, because outside salespeople are not exempted from the overtime and minimum wage provisions.
C) Yes, because outside salespeople are allowed to claim only the overtime pay and not the minimum wages.
D) No, because outside salespeople are allowed to claim only the compensatory offs and the back pay.
Q2) As on July 24, 2009 the minimum wages for nonexempt employees is _____ per hour.
A) $ 5.5
B) $ 7.5
C) $ 6.5
D) $ 4.5
Q3) Describe the coverage of the FLSA.
Q4) What was impact of the first federal law against child labor?
Page 26
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