Course Textbook
Bennett-Alexander, D. D., & Hartman, L. P. (2009). Employment law for business (6th ed.).
New York, NY: McGraw-Hill.
Question 1
1.
Which of the following is not covered by the EEOC's definition of contingent worker?
Answer
an employee hired through a staffing firm.
a temporary, seasonal, or part-time worker.
an applicant.
an independent contractor.
4 points
Question 2
1.
The employment-at-will doctrine means that
Answer
An actor must agree to follow the instructions by the play's director in order to be cast in a play by William
Shakespeare.
Highly paid skilled workers in the building trades can pass their jobs on to a relative when they die.
An employer can terminate an employee for any reason as long as the reason is not a violation of public policy or
against the law.
Government employees lose their constitutional rights when on the job.
4 points
Question 3
1.
Marilyn was employed at the Quick Stop. She was fired for allegedly stealing from the cash draw. Marilyn denied taking
the money. She applied for another position at the local Food Mart. When asked why she left her last job, she explained
that her manager fired her for stealing; however, she continued to deny stealing the money. Marilyn did not get the job at
the Quick Mart. She contacted a lawyer to discuss her options.
Answer
Marilyn does not have a cause of action against Quick Stop for defamation because her reputation has not been
harmed.
Marilyn does not have a cause of action against Quick Stop for defamation because she told the manager at Food
Mart about the allegations.
Marilyn has a cause of action for defamation against Quick Stop because she was forced to repeat the defamatory
remarks to her prospective new employer.
Marilyn has a cause of action for defamation because the manager at Quick Stop would have provided the
information if he had been asked for a reference.
4 points
Question 4
1.
Ms. Lee was employed as a secretary at Burton Trucking. She was fired from her job when she refused to perjure herself at
a trial where her employer was the defendant. She filed a wrongful discharge lawsuit against her former employer. Ms. Lee
will:
Answer
prevail if the state where the lawsuit was filed recognizes a public policy exception to the employment-at-will
doctrine.
prevail only if she proves she was telling the truth.
will lose because the employment-at-will doctrine completely insulates the employer from liability.
will lose because her testimony provided the basis for a defamation lawsuit by her former employer.
4 points
Question 5
1.
An employer seeks applicants for entry-level jobs from among those with experience in a segment of her industry that has
typically exhibited hostility toward groups defined by certain protected traits. This form of recruitment is:
Answer
probably wrongful, because it is illegal to limit applicants to those with experience, unless the experience sought
is experience in the precise industry segment in which the employer operates.
perfectly legal.
probably wrongful, because the applicant pool will be virtually devoid of members of these groups.
perfectly legal, as long as the employer hires the most experienced applicants.
4 points
Question 6
1.
An effective method to minimize the possibility that a prior employer of a prospective employee will refuse to provide a
reference on the grounds that a reference can give rise to defamation liability is
Answer
to require all prospective employees to sign a document releasing former employers from liability for providing
references, and providing a copy of the release to prior employers from whom references are sought.
conduct reference checks secretly.
have the references checked by an unrelated third party.
check only references that are adequately insured against defamation.
4 points
Question 7
1.
Which factor is not part of the economic realities test used by the courts to determine whether a worker is an employee or
an independent contractor?
Answer
the degree of control exerted by the alleged employer over the worker.
how integral the work is to the alleged employer's business.
the degree of skill required by the worker.
whether the alleged employer withholds payroll taxes or provides worker's compensation
4 points
Question 8
1.
Davis Hosiery Mills has each new employee sign a form acknowledging receipt of the company's handbook. The handbook
states that employees will be terminated for good cause only. It also contains a disclaimer, in small print, which informs the
employee that the employment relationship is "at will." An employee of Davis Hosiery sues for wrongful termination.
Answer
The employee cannot sue because termination for good cause is not generally recognized as a limitation to
employment-at-will, even when placed in an employee handbook.
Davis Hosiery will win the case because the employee signed a form acknowledging that the employment
relationship at Davis Hosiery is "at will."
Depending on the statutes or court decisions in the state where Davis Hosiery is located, the employee can
proceed with the lawsuit because the disclaimer was neither prominent nor conspicuous.
The employee cannot sue if she lost her copy of the handbook.
4 points
Question 9
1.
Mr. Jones was employed by Barker Sock Company as a sewing machine repairman in Plant #5. He, along with the other
700 employees, was informed that the plant had been permanently closed by a written notice on the door when he arrived
at work.
Answer
Mr. Jones' only recourse is to file for unemployment benefits.
Mr. Jones has no recourse because he was an employee-at-will.
Mr. Jones may be eligible to receive his salary and benefits for the next 60 days.
None of the choices are correct.
4 points
Question 10
1.
Grand Lake Bridge Builders is hiring Material Handling Laborers. The job requires the ability to lift or move objects
weighing 100 pounds. Shannon Marshall, who is 5'9'' tall and looks to weigh about 135 pounds applies for the job. Grand
Lakes wants to ensure that she is physically capable of doing the job.
Answer
Grand Lake can require Shannon to take a pre-employment physical examination before wasting time and money
on the rest of the application process, such as an interview, drug test and background check.
If Grand Lake makes a conditional job offer to Shannon, it can require her to take a physical examination before
wasting time and money on the rest of the application process, such as the drug test and background check.
Grand Lake cannot require Shannon to take a preemployment physical examination as a condition of
employment, but can require a physical examination after a job offer has been made, provided that all of the nonmedical aspects of the application process are completed before the physical examination.
Grand Lake can avoid this problem by keeping a set of 100 pound weights in the office and requiring all
applicants to lift them at the time of the interview.
Question 1
1.
In the workplace of the private sector employer:
Answer
employee rights under the Privacy Protection Act of 1974 are stronger than the rights of the employer
under the Act.
employees have no legitimate expectation to any privacy rights.
employees have limited rights to privacy in the workplace.
employees have an absolute right to privacy in the workplace.
4 points
Question 2
1.
Kay Poplin was employed as a dental hygienist for Dr. Clark Smith. Dr. Smith rubbed up against her body
during working hours and asked for sex. Dr. Smith called her home at all hours of the night making lewd
sexual comments. He would drop by her home unannounced 3 to 4 times a week, exposing himself and asking
for sex when she opened the door. Kay quit her job.
Answer
Kay has a cause of action for violation of the Privacy Act.
Kay has a cause of action for intrusion into seclusion.
Kay does not have a cause of action because she did not call the police.
Kay does not have a cause of action because the outrageous conduct took place outside the
workplace.
4 points
Question 3
1.
Andrew was employed by the Emerald City in the accounting department. David, the head of the department,
stormed into Andrew's office demanding to search the files and all records of payments made by Emerald City
to Holland Construction. David accused Andrew of getting "kick backs" from Holland Construction. Andrew
attempted to leave the office during the search and David closed the door and told him to stay until all of the
files had been reviewed.
Answer
Andrew's 4thAmendment rights have been violated because the search was per se unreasonable.
Andrew has a claim for defamation.
Andrew has a cause of action for false imprisonment.
Andrew has no recourse because the search was reasonable.
4 points
Question 4
1.
An employer cannot be held liable to an employee for the tort of intrusion into seclusion unless, among other
things:
Answer
the employee was entitled to privacy in the area into which the employer is alleged to have
improperly intruded.
the employee failed to waive his privacy interest.
the employee waived his privacy interest.
the employee can demonstrate that the seclusion was rationally related to a legitimate employer
interest.
4 points
Question 5
1.
Lane was employed by the county as the public assistance coordinator. She was fired after her office was
searched by her supervisor. Her supervisor claimed that she searched the office looking for evidence that Lane
was engaged in food stamp fraud.
Answer
Lane's 4thAmendment rights have been violated because the search was per se unreasonable.
Lane has no recourse because her employer had reasonable grounds to suspect the search would
reveal that she was engaged in food stamp fraud.
Lane can file an action based on the Privacy Act.
Lane can file a claim based invasion of privacy.
4 points
Question 6
1.
A private employer's regulation of off-work activities may be limited by:
Answer
common law privacy protections.
the Privacy Act of 1974.
the Fourth Amendment.
a complaint to the Privacy Protection Study Commission.
4 points
Question 7
1.
For which of the following does Josh, an employee, generally have the greatest expectation of privacy?
Answer
Josh's desk drawers in his office.
Josh's briefcase that he carries to and from the office and home.
Josh's business use company car.
Josh's locker at work.
4 points
Question 8
1.
An employee unreasonably detained during a search by a private employer may have a viable cause of action
against the employer for:
Answer
defamation.
false imprisonment.
assault.
battery.
4 points
Question 9
1.
Someone claiming to be an employee of the employer for whom Bernie works has been handing out flyers
denigrating the employer at a local shopping mall. Bernie's employer had its security force search all of the
employees' lockers to see if they had any of the flyers.
Bernie can file an action against his employer under the 4th amendment if
I. His employer is a private company that has a government contract.
II. His employer is a state or local government.
III. His employer is the federal government.
IV. His employer is a non-profit organization.
Answer
I, II and IV.
I, III and IV
II and III.
III and IV.
4 points
Question 10
1.
Under the Privacy Act of 1974:
Answer
an employee can seek both civil and criminal remedies for violations of the act by private sector
employers only.
an employee can seek both civil and criminal remedies for violations of the act by private sector
employers and federal government employers.
an employee can seek both civil and criminal remedies for violations of the act by federal government
employers.
an employee is barred from legal remedies unless they can demonstrate interference with the orderly
functioning of the government.
Question 1
1.
Mandatory Arbitration Agreements wherein the employee agrees to arbitrate all disputes arising out of his/her employment
relationship
Answer
do not interfere with the employee's right to file a claim for discrimination with the EEOC.
prevent an employee from pursuing a claim for discrimination with the EEOC.
are enforceable except when the employer violates Title VII of the Civil Rights Act.
are not enforceable unless authorized by the EEOC.
4 points
Question 2
1.
Carrie Farini, a white woman, applies for a job as a waitress at the Redbone Cajun and Soul Food Restaurant. Although she
has prior experience as a server at other dining establishments, she is not hired because she is white. All of the waiters at
the Redbone are black men.
Answer
Carrie can bring a complaint of discrimination under Title VII based on race.
Redbone can defend the case on the basis that race is a bona fide occupational qualification to work in the dining
room at Redbone because it is presenting a soul food dining experience.
Carrie can reapply to work at the Redbone if she is willing to work wearing "black face" make-up.
Carrie can bring a complaint of discrimination under section 1983.
4 points
Question 3
1.
Nemo Gill was hired by the Spectacular Tropical Aquarium and agreed to submit any disputes arising out of his
employment to binding arbitration. Nemo was fired when he became a "Rastafarian" and urged his co-workers to become
vegetarians and smoke ganja. Without waiting for the results of the arbitration, Nemo filed a complaint alleging religious
discrimination with the EEOC. The EEOC quickly filed a lawsuit on his behalf. Spectacular moved to have the EEOC's
lawsuit dismissed on the grounds that Nemo signed a valid arbitration agreement.
Answer
The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo signed the mandatory
arbitration agreement.
The EEOC can bring a lawsuit enforcement action against Spectacular despite Nemo's agreeing to arbitration.
The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo did not wait for the
results of the arbitration.
The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo's urging his co-workers
to smoke ganja and become vegetarians had nothing to do with his job.
4 points
Question 4
1.
The Civil Rights Act of 1964 prohibits discrimination
Answer
relating to employment, women in sports and housing.
relating to employment only.
relating to employment, women in sports, housing, education, and public accommodations.
relating to employment, education, and public accommodations.
4 points
Question 5
1.
Every successful claimant in a Title VII case is eligible to receive
Answer
back pay, front pay and liquidated damages.
back pay, front pay, attorney fees and punitive damages
back pay, front pay, attorney fees, punitive damages, and compensatory damages
back pay, front pay, and compensatory damages
4 points
Question 6
1.
Actionable racial harassment:
Answer
must be either severe or pervasive enough to alter the conditions of employment and create an abusive working
environment.
exists only where the victim is not a member of a majority race.
exists only where the victim is not a member of the race that is the majority in the workplace.
must be both severe and pervasive enough to alter the conditions of employment and create an abusive working
environment.
4 points
Question 7
1.
Marc Brown is a chemical engineer with a graduate degree from MIT. Mr. Brown is African American. He applied for a
chemical engineering position with Kincaid Paper Company. Although he was qualified for the job, he was not offered the
position. Mr. Brown happened to see the job advertised in the newspaper 2 weeks after he had been rejected.
Answer
Mr. Brown does not have a cause of action for discrimination.
Mr. Brown can offer evidence to satisfy the elements of a prima facie case.
Mr. Brown cannot offer evidence to satisfy the elements of a prima facie case.
Mr. Brown is not eligible to file a claim under Title VII.
4 points
Question 8
1.
When an employee has complained to his/her employer about racial harassment, the employer should
Answer
not investigate if there has only been one isolated incident of misconduct because one incident does not rise to
the level of racial harassment.
investigate and take immediate corrective action.
avoid future communications with the employee in order to prevent a complaint with EEOC for reprisal because
the employee complained about the harassment.
eliminate any future harassment problems by terminating all employees involved, including the employee that
complained.
4 points
Question 9
1.
A person who brings a claim of employment discrimination under 42 U.S.C section 1981 must show that
Answer
there was a conspiracy to cause discrimination by other persons at the workplace.
that the person who discriminated was acting under color of state law.
that the discrimination occurred in connection with an employment contract.
that the discrimination was based on a disparate impact.
4 points
Question 10
1.
Sally Landon is employed by Kent Electronics, Inc. in its London facility. Kent Electronics, Inc. is a U.S. corporation.
Sally is not a U.S. citizen. Sally's job was eliminated in a recent reduction in force. She noticed that only women were laid
off. She contacted EEOC in Washington, D.C. to file a claim for discrimination.
Answer
Sally's claim will be investigated by EEOC.
Sally's claim cannot be filed with EEOC because the discrimination did not occur in the United States.
Sally's claim cannot be filed with EEOC because she is not a U.S. citizen and she does not live in the United
States.
Sally's claim will be investigated by EEOC, but not all remedies available to U.S. citizens will be available to
Sally.
Question 1
1.
White Swan Motors practice of hiring only applicants recommended by its employees has been found to have an adverse
impact on non-White applicants. White Swan plans to implement a voluntary affirmative action plan. Which of the
following actions is not available to White Swan as part of its plan?
Answer
Training and programs, including on-the-job training, for minorities to enable them to develop the skills and
experience necessary to perform jobs at White Swan.
Recruiting activity that is extensive and focused on identifying minority applicants for jobs at White Swan.
Designate certain positions at White Swan to be filled by minority applicants.
Training of existing employees on the elements of the affirmative action plan.
4 points
Question 2
1.
Judicial Affirmative Action is a remedy imposed by the courts when:
Answer
workplace discrimination has been found in violation of Title VII and an affirmative action plan is the
appropriate remedy.
federal contractors fail to comply with Executive Order 11246.
voluntary affirmative action plans result in reverse discrimination.
voluntary affirmative action plans fail to eliminate workplace discrimination.
4 points
Question 3
1.
Reverse discrimination cases are approximately:
Answer
12 percent of the EEOC's case load and are rarely found to be meritorious.
3 percent of the EEOC's case load and are often found to be meritorious.
3 percent of the EEOC's case load and are rarely found to be meritorious.
12 percent of the EEOC's case load and are often found to be meritorious.
4 points
Question 4
1.
Research has shown that the group that has made the most gains under affirmative action is:
Answer
African-American men.
African-American women.
White women.
Asian men.
4 points
Question 5
1.
Executive Order 11246:
Answer
regulates federal government contractors and lawsuits by private employees.
allows private employees to sue the Secretary of Labor to compel federal contractors to comply with the
provisions of the Order.
is administered by the Secretary of Labor and the Office of Special Counsel.
prohibits the use of affirmative action plans.
4 points
Question 6
1.
A "corporate management compliance evaluation" is:
Answer
an evaluation used to determine if federal contractors have developed the required affirmative action plan.
an evaluation used to determine whether there are artificial barriers preventing women and minorities from being
promoted to mid and senior level management positions.
an evaluation used to determine if the federal contractor has achieved the placement goals set by the Office of
Federal Contract Compliance Programs.
an evaluation of the federal contractor's report addressing the under representation of women and minorities as it
relates to availability in the workforce.
4 points
Question 7
1.
Ace Incorporated is a government contractor and has a single manufacturing facility located in Newark, Delaware, a small
college town. Ace has 65 employees with all of them living within 20 miles of the facility. Of the employees, 64 of them
are native Delawareans. Ace must do an availability analysis. Ace must therefore compare the percentage of female and
minority employees regarding:
Answer
the workforce percentages available in the entire United States.
the workforce available within a 20 mile radius of Newark, DE.
the workforce available in Delaware and the closest surrounding states.
the workforce available in Newark, DE.
4 points
Question 8
1.
The Glass Ceiling Commission found that:
Answer
Women make up close to half of the labor force in the United States and held 5% of senior level jobs in
corporations.
It is easier for women and minorities to enter at the mid- and senior-level corporate management than to advance
from the entry level.
Women and minorities are frequently routed into career paths like customer relations and human resources,
which do not lead to top level jobs.
All of the above are correct
4 points
Question 9
1.
Title VII allows an employer to develop a voluntary affirmative action program:
Answer
to redress chronic under representation of a group in an industry.
to redress chronic under representation of a group in society.
to redress chronic under representation of a group in that employer's workplace.
only if ordered by a federal judge.
4 points
Question 10
1.
Segregation in the workplace was legal in many parts of the United States until:
Answer
the 1954 Supreme Court case of Brown v. Topeka Board of Education.
the passage of the Civil Rights Act of 1964
the 1979 Supreme Court case of United Steelworkers of America, AFL-CIO v. Weber.
the 1971 Supreme Court case of Griggs v. Duke Power.