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Law 531 Week 5 Practice Assignment

• Which of the following is FALSE concerning affirmative action plans?
• Affirmative action plans are perpetual when ordered by a court of law.
• Affirmative action plans do not require employers to hire unqualified individuals.
• Affirmative action prohibits the use of quotas in hiring practices.
• Affirmative action plans typically include goals and timetables to correct imbalances in hiring and employment practices.
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The conditions necessary to show a prima facie case for age discrimination include all but which of the following?
• The employee was treated less favorably than another, younger employee.
• The employee was adequately performing the marginal job functions of the position.
• The employee is qualified for the employment position.
• The employee is over 40 years old.
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An agency may be created by _________________, in which circumstances necessitate the recognition of a binding relationship in the absence of an agreement.
• agreement
• ratification
• operation of law
• agency by estoppel
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Which of the following subjects is NOT covered under Title VII?
• national origin
• race and color
• religion
• sexual orientation
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An agent owes a principal a duty of _________________, which means using reasonable diligence and skill to complete the assigned tasks.
• accounting
• performance
• notification
• loyalty
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A principal has the duty to provide _________________ to the agent, which means paying for liabilities arising from the agent’s lawful and approved acts while pursuing the principal’s interests.
• reimbursement
• cooperation
• indemnification
• compensation
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Which of the following is a bona fide occupational qualification that allows discrimination in hiring on the basis of nation of origin or citizenship?
• English proficiency to the standard necessary to carry out essential job functions
• citizenship for employment in federally owned organizations
• citizenship for employment in contracts that will take over one year to complete
• English proficiency to the standard necessary to pass an E-Verify linguistics test
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Under the doctrine of _________________, an employer may be exposed to tort liability for the acts or omissions of an employee.
• dual-purpose mission
• vicarious liability
• indemnification
• frolic and detour
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Which of the following would NOT likely constitute hostile work environment sexual harassment in and of itself?
• repeatedly asking a coworker out on dates
• disseminating pornography
• following a coworker home and taking pictures of him or her
• offensive touching
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An agency may be terminated in all but which of the following ways?
• revocation by an agent
• death of an agent
• a specified lapse of time as agreed upon by the parties
• impossibility of the purpose
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Which of the following is a mandatory subject during collective bargaining?
• location of workplace
• supervision requirements
• health benefits
• discrimination
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Which of the following is NOT true of workers’ compensation?
• It applies only to injuries that arise out of and in the course of employment.
• It applies to any injury to an employee.
• In accepting it, employees must accept a limited benefit over the risk of receiving nothing in a private lawsuit.
• Employers are required to compensate and insure their workers.
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Which of the following is NOT true of the FMLA?
• It allows employees to leave due to parental and medical necessity.
• It applies only to employers in the private sector.
• It applies to employers in government and private sectors.
• It applies to employers with 50 or more employees.
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Which of the following is true of replaced workers after a strike?
• They have the right to return to work.
• They have the right to be rehired, but only if an equivalent position becomes available.
• Employers are not required to make them aware of job vacancies.
• They cannot be terminated.
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The defense that a worker’s errant conduct contributed to his or her own injury is which type of employer defense?
• assumption of the risk
• the fellow servant rule
• errant conduct
• contributory negligence
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Enacted in 1932, the _________________ is a federal act that established employees’ right to unionize.
• Taft-Hartley Act
• National Labor Relations Act
• Labor Management Relations Act
• Norris-LaGuardia Act
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All are true of the National Labor Relations Act except which of the following?
• It declared yellow dog contracts to be against public policy.
• It gave workers the right to form unions, engage in collective bargaining, and strike.
• It gave workers the right to engage in concerted activity.
• It created the National Labor Relations Board to administrate over union affairs.
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Which of the following is true of the Taft-Hartley Act?
• It establishes employees’ right to bargain collectively with employers.
• It provides equal representation of skilled and unskilled workers.
• It gives employers the right to engage in free speech efforts against unions.
• It gives the NLRB administrative power to oversee union elections.
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The Labor-Management Reporting and Disclosure Act was enacted for all but which of the following purposes?
• to consolidate power away from rank-and-file union members
• to reduce union elite corruption
• to regulate union elections
• to empower union members
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Which of the following is NOT true of the Fair Labor Standards Act?
• It guarantees health benefits for full-time workers.
• It sets a minimum wage for workers.
• It guarantees overtime payment for work beyond 40 hours a week.
• It imposes a minimum age for workers.