1. Regulations governing the employer-employee relationship are based on agency law and failure of an employee/agent to act according to the employer's instructions could result in liability for the employer.
2. Colton Manufacturing shut down 3 manufacturing facilities without prior notice to its 3000 employees. Colton has graciously offered to provide outsourcing assistance to its displaced employees and informed them of their right to continue to receive health insurance coverage through COBRA for eighteen months. Colton has no further liability to its former employees.
TRUE
FALSE
3. Promissory Estoppel is an exception to the employment-at-will doctrine if the employee can show that he/she relied on the employer's promise to her detriment.
TRUE
FALSE
4. Under the economic realities test, courts consider whether the worker is economically dependent on a particular enterprise or works for himself or herself.
TRUE
FALSE
5. The amount of compensatory damages that can be awarded in Title VII cases are capped based on the size of the employer. However, there is no cap on the amount of attorney fees that can be awarded to the successful party.
TRUE
FALSE
6. Alonzo works as a foreman for the All Season Paving Company. Alonzo is working on a big project for which the company will receive a sizable incentive payment based on how many days ahead of schedule it completes the work. Alonzo normally receives a share of any incentive payment for a project on which he worked. When the project is 6 weeks ahead of schedule and 2 days before it is completed, Alonzo is laid off as part of a company downsizing. He does not receive a share of the incentive payment which is made after he was laid off.
Alonzo may have a claim against All Season for a breach of the covenant of good faith and fair dealing.
Alonzo has no right to the incentive payment because it was made after he was laid off.
Alonzo may have a claim against All Season for breach of a past practice.
Alonzo will be entitled to his share of the incentive payment when he is recalled from lay off.
7. Benita works as a nursing assistant in a retirement home run by Cottonwood Care Centers, a national operator of facilities providing care for the elderly. Benita works 53 hours a week. After looking at her payroll stubs for the past 6 months, she concludes that she has not received sufficient overtime pay. She complains to her supervisor but the company takes no action.
Benita can bring a complaint to the National Labor Relations Board under the Fair Labor Standards Act of 1938 (FLSA)
Benita can bring a complaint to the U.S. Department of Labor, under the Fair Labor Standards Act of 1938 (FLSA).
Benita can bring a complaint to the U.S. Department of Labor, under the Employee Retirement Income Security Act of 1974 (ERISA)
Benita can bring a complaint to the U.S. Department of Labor, under Executive Order 11246.
8. The law firm of Shirk, Work & Fish hired a staffing firm to place a temporary receptionist in their office. The receptionist was on the payroll of the staffing firm. The law firm's office manager trained the receptionist to handle phone calls and visitors in accordance with the firm's policies, gave him deadlines for work assignments and decided when the receptionist could take breaks and go to lunch. After working Shirk for 13 months, the receptionist made an allegation of race discrimination because he applied for a paralegal job that the staffing firm filled at the law firm and the office manager did not select him.
The receptionist cannot bring a case against the law firm because he is an employee of the staffing firm.
The law firm and the staffing firm may be considered joint employers of the receptionist for purpose of the discrimination claim because it controls when, where and how he performs his job, the length time the receptionist worked at the law firm and their combined roles in filling the paralegal position.
The receptionist cannot bring a case against the staffing firm because it only pays him, has no other control over his work and it did not make the selection for the paralegal job.
The receptionist cannot bring a case against the law firm because he is a temporary employee
9. After graduating from college with a bachelor's degree in business administration, Emily, sent an email, with a resume attached, to the Encyclopedic Marketing Company. In the email she expressed an interest in being considered for an entry level position in Encyclopedic's management training program. When she found out that Encyclopedic had hired two of her classmates who were not of her race, Emily filed a complaint of discrimination under Title VII of the Civil Rights Act.
Emily has a good case against Encyclopedic because her email told them that she was interested in a management trainee position and they didn't even consider her.
If Emily really wants to be a management trainee she should go back to school and get an MBA.
Emily will not prevail on her complaint because sending an e-mail inquiry about a job does not qualify the sender as an applicant.
Emily would have had a case against Encyclopedic if she had submitted her resume via an online job board.
10. Clarence works as an independent contractor for the law firm of Kafka, Rivera and Grisham.
Clarence will be responsible for making payments for his Social Security (FICA), estimated federal income tax payments, estimated state income tax payments and Medicare.
Clarence will be responsible for making payments for his FICA and Medicare and the law firm will be responsible for withholding payroll deductions for his federal and state income taxes.
Clarence will be responsible for making payments for his Social Security (FICA) and Medicare, but the law firm will be responsible for making estimated federal income tax payments, estimated state income tax payments for him.
Clarence will be responsible for making payments for his Social Security (FICA), withholding payroll deductions for his federal and state income taxes and Medicare.
11. An employee may file a lawsuit against his/her former employer even if the EEOC did not find justification for the claim of discrimination.
TRUE
FALSE
12. An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act by offering a legitimate, nondiscriminatory reason for the action taken regarding the charging party.
TRUE
FALSE
13. Federal employee claims of discrimination are filed through the EEOC.
TRUE
FALSE
14. If Sally's employer subjects her to more severe discipline for an act of misconduct than a similarly situated fellow employee not in her protected group for the same act of misconduct, Sally is being subjected to disparate treatment discrimination.
TRUE
FALSE
15. Questions asked during idle conversational chat during preemployment interviews or included on job applications may unwittingly be the basis for Title VII claims of disparate impact.
TRUE
FALSE
16. Title VII applies to
all private employers, who are engaged in interstate commerce, with 15 or more employees for each of 20 or more calendar weeks.
unions who deal with employers concerning labor issues in an industry affecting commerce,
employment agencies.
A, B and C.
A and B but not C.
17. Karen Rogers was employed at the Pentagon as manager of the Purchasing Department. Prior to the arrival of her new supervisor in June of 2004, she received the highest employee rating on her yearly evaluation. Her new supervisor, John Lincoln, had been overheard saying that he did not believe that women were smart enough to manage a department. Six months later, Karen was fired for poor work performance. If she wins her claim for gender discrimination, Karen may be entitled to
I back pay
II reinstatement to her former position
III punitive damages
I only
I and II only.
I, II, and III.
None.
18. BJI Enterprises requires all employees to pass a standardized test before being considered for promotions. Marisa Chavez, a Hispanic female, was employed in the Maintenance department as a housekeeper. She wanted to be considered for a supervisory position in that department. However, she could not make a passing score on the test. There were no minority supervisors in the Maintenance Department. The Civil Rights Act requires
BJI to show that the test is related to the job.
Ms. Chavez to show that the test is not related to the job.
Ms. Chavez to prove that she is qualified for the job.
None of the above.
19. Undocumented workers are
not protected by Title VII of the Civil Rights Act
are protected by Title VII of the Civil Rights Act and afforded all the same remedies as any other worker
are protected by Title VII of the Civil Rights but are not eligible for reinstatement, back pay for periods after discharge or failure to hire.
None of the above.
20. The following defenses are available to employers in discrimination claims:
bona fide occupational qualification (BFOQ) defense
legitimate, nondiscriminatory reason defense
business necessity test
all of the above.