Exam 1
1.
Best Possible Answer
In Case 1.6, DCS Sanitation Management v. Eloy Castillo, a) the court would not
enforce the noncompetition clause because it would stop the employee from working in
his field of expertise
b) the employees posed no threat of monetary harm to the employer
c) the employee would be prevented from using information that belonged just to his
employer for his own use or for the use of his new employer
d) all
e) a and b
2. In Case 1.3, Douglas Schultz v . Capital International Security, Incorporated, the
employer claimed the workers were independent contractors because the employer did
not want to a) pay benefits b) overtime pay c) withhold taxes d) be liable for the
workers’ actions.
3. In Michael J. Stalbosky v. Belew and Three Rivers Trucking
Company,Case Problem #5 Chapter 2 , a) employer was liable for the employee’s
actions
b) employee’s actions were outside the scope of employment c) victim was
not a customer of the employer d) employer was liable for hiring a worker with a criminal
past e) b& c
4. In Stabolsky, if victim was not murdered, but rather injured in a car accident, employer
would be liable .
5. In Human Resource Dilemma # 2 on page 58, a) employer was liable for age
discrimination b) employer was not liable for disability discrimination because the ability to
hear is essential to the job c) both d) neither
6. Sue applies for a job as an electrician with an electric utility. Bob applies for a job with
a municipal water company as a water tester. Jenn applies as a city bus driver . All three are
required to submit to a polygraph test. Which are legal? A) none b) all c) Sue and Bob d)
Sue and Jenn e) only Jenn
7. Drug testing in public schools is permissible in middle schools for a) student athletes
b) student athletes, band and choir c) student athletes, Academic team and Future
Homemakers of America d) all e) none, only high school students
8. On his desktop at work, Jim receives a pornographic email on his work email. He could
be disciplined if a) he forwards it to his home email b) he saves it c) he prints it and then
deletes it d) all e) a & b
9. If employers state that the phone conversation is being monitored, they may listen to
a)personal phone conversations on the office phone b) business conversation c) both d)
neither
10. If co-worker makes a false claim of harassment against an employee, the employee’s
best course of action is to a) sue the employer for interference with business relations b) sue
the co-worker for interference with business relations c) sue the co-worker for defamation
d) all e) b&c
11. In case 4.5, Wal-Mart, Inc. v. Elvis r. Stewart, a) Wal-Mart could check the bags of all
shoppers b) Wal Mart could check Stewart’s bag everytime if he had a prior theft c) both
d) neither
12.
In most states, an Employment Handbook is a contract.
13. The one state that does not enforce “employment at will” is a) NY b) Cal c) DC d)
Montana e) none
14.
An employer can mandate arbitration as a condition to employment.
15. The right to a jury trial is guaranteed for statutory rights even when an employer
requires arbitration for a) employee b) EEOC c) employer d) a&b e) none
16.
If a lawn maintenance company comprised of 5 legal workers and staff and 20 illegal
aliens is sued for race discrimination for refusing to hiring African Americans, it can be sued
under a) the Civil Rights Act b) Reconstruction Era Act c) both d) neither
17.
When the Chapter 7 McDonnell Douglas v. Green case was reheard in the lower
court, a) Green won b) Green could prove his prima facie case c) Green could show pretext
d) a&b e) none
18.
Which act was enacted by Congress following the Chapter 7 Griggs v. Duke Power
case? A) Civil Rights Act b) Race Discrimination Act c) Equal Employment Opportunity
Act d) Equal Pay Act e) Affirmative Action Act
19.
In the Chapter 8 Taxman v. Town of Piscataway case, a) the Supreme Court agreed
to hear the case b) the Supreme Court heard the case c) the case was settled d) a&c e)
a&b
20.
California does not have affirmative action in a) private employment
employment c) a&b d) state schools e) b&d
b) state