MGT 434T Wk 1 – Practice: Assignment

What is the doctrine of constructive discharge?

• When conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he or she had any other option but to quit

• When an employee is creating such a harsh and unhealthy environment for other employees that management is forced to terminate him or her

• When an employer helps a discharged employee locate new employment

• When an employer needs to terminate an employee due to changing business plans and strategy

An employer may claim that 50 percent of employees are nonwhite minorities or women. However, if the minority employees or women are concentrated in low-paying positions, and all the white employees hold high-paying managerial positions, this would be best described as ________.

• Pattern and practice discrimination

• Disparate treatment

• Discriminatory intent

• Practice intent

When an employer’s facially neutral procedures, policies, or practices are “not job-related and consistent with a business necessity” and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class, they are said to have __________________.

• Disparate impact

• Adverse treatment

• Intentional racism

• Disparate treatment

.

Which of the following is always involved in a case of sexual harassment?

• Request for sexual favor

Gender harassment

• Sexual motive

• Sexual behavior

Of the following classifications of workers, which represents the smallest obligation for the employer?

• Employee

• Independent contractor

• Union worker

• Both independent contractor and employee

____________ prohibits termination for other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute.

• Vicarious liability

• The Montana Wrongful Discharge from Employment Act

• Stare decisis

• The National Labor Relations Act

In the private employer arena, an employee would have to look to the public policy exceptions and to the _____________ to determine if a case for retaliatory discharge is available.

• Title VII

• Equal Employment Opportunity Commission

• National Labor Relations Act

• At-will doctrine

In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. Boca Raton, 524 U.S. 775 (1998), the Supreme Court held that an employer may avoid liability for supervisor harassment by proving affirmatively that _________.

• The employer did not have the resources to solve the issue

• The employee’s claim did not seem urgent enough to warrant further investigation

• The employee in question is not favored among employees and was not taken seriously

• The employer exercised reasonable care to prevent and correct the harassment through training and policy enforcement

Which of the following is the primary effect of the Equal Employment Opportunity Act?

• To clarify the breadth of Title VII restrictions

• To allow litigation against employers who break Title VII rules

• To prohibit discrimination in hiring practices

• To allow the EEOC to pursue its own litigation to enforce Title VII

Which of the following is not an element of a prima facie case for gender discrimination?

• A person of the same gender received favorable employment action, or the employer continues to look for applicants for the position.

• The employee is qualified for the position.

• The employee belongs to the protected class.

• The employee suffers some adverse employment action.

MGT 434T Wk 1 – Apply: Assignment

Hannah’s claim of sexual harassment is ______________.

• Not available as she is not an employee of the Trenton P.D.

• Valid under United States Code section 1812

• Available to her as she is a collateral victim of a valid sexual harassment claim under Title VII

• Not available because she is a minor, and only adults are protected by Title VII

Jim’s claim under Title VII is _____________.

• Invalid, because he was not the target of Butch’s actions

• Valid under hostile work environment sexual harassment

• Valid under quid pro quo sexual harassment

• Supported by the Equal Protection clause of the Constitution

If Jim’s claim for sexual harassment under Title VII is found to be invalid on the basis that no harassment took place, he might still have a claim for ____________.

• Breach of the warranty of good faith

• Restitution

• Sexual orientation discrimination

• Retaliation

Jim may have a valid claim for sexual harassment under which of the following labels?

I. sexual orientation discrimination

II. hostile work environment discrimination

III. quid pro quo sexual harassment

IV. intentional infliction of emotional distress

• I and II

• II only

• II and IV

• I only

Julie may have a claim for sexual harassment under which of the following labels?

I. hostile work environment discrimination

II. quid pro quo sexual harassment

III. intentional infliction of emotional distress

• III only

• I, II, and III

• I and II

• I only

Which of the following elements will Julie have a hard time proving to a jury in a hostile work environment sexual harassment case?

• Severe and pervasive actions

• Inability to perform her job

• Psychological distress

• Sexually charged work environment

What will most likely result from Spike’s claim of sexual harassment?

• It will fail, because he is the same gender as the sexual harasser.

• It will prevail because he is a victim of hostile work environment sexual harassment.

• It will prevail because he was a collateral victim of sexual harassment against his wife and daughter, and he is an employee of Trenton P.D.

• It will fail, because the facts do not show Spike suffered any harassment personally or that he could not do his job.

Julie might not win her case if Butch can show that ____________.

• His actions were motivated by his hate of Spike and were not for sexual intent

• His sexual comments were made to Hannah, not Julie

• His actions were directed at Spike, not Julie

• His intended target was Jim

Even if Julie cannot prove that sexual harassment occurred, she might win her case under Title VII if she can show proof of _______________.

• Retaliation

• Sexual orientation discrimination

• Breach of the warranty of good faith

• Restitution

Butch’s citation to Hannah for a traffic violation is ___________.

• Sexual harassment

• Unjustified

• Valid

• There is not enough information to answer this question.

MGT 434T Wk 2 – Practice: Assignment

What did the University of Chicago and MIT find about people who have names that are generally found in black communities?

• They were less likely to be invited for a job interview.

• They were more likely to be invited for a job interview.

• They were more likely to be invited for a job interview over their white-named counterparts.

• They had the same effect as traditional white names.

Which two groups represent the largest number of immigrants living in the United States?

• Polynesian and Latino

• African and Middle Eastern

• Asian and Latino

• Middle Eastern and Asian

When looking at whether an accommodation is an undue hardship, courts look to _________.

• The employer’s efforts

• The cost of accommodation

• The size of the employer

• All of the above

Why was it permissible for a Jesuit university to deny a qualified Jewish philosophy professor a teaching position at the university on the basis of his religion?

• The Jesuit university had a completely different teaching format that the Jewish professor had never been exposed to.

• The requirement that a professor also be a Jesuit was wholly consistent with the university’s mission to expose students to education in the context of the Jesuit tradition.

• It is against the Jesuit religion to learn anything from a Jewish teacher, no matter the education level or subject matter.

• None of the above.

In the Hewlett-Packard Company case, an employee who objected to the firm’s diversity policy posted anti-gay verses from the Bible at his desk. The court that ultimately heard that case found an undue hardship. What was the reason for this ruling?

• It was impossible for HP to accommodate religiously motivated expressions that violated its core human resource philosophy.

• It is against the law to use scripture to discriminate against others in the workplace.

• Employees are not allowed to share religious beliefs so boldly.

• It was not reasonable to allow one employee to make other employees annoyed during their working hours.

Which of the following is an example of national origin harassment?

• Hiring a person based on his or her national origin

• Using ethnic slurs in the workplace

• Promoting an individual based on his or her national origin

• None of the above

Which religious groups have seen the largest increase in workplace discrimination over the past decade?

• Atheists and Christians

• Christians and Muslims

• Hindus and Buddhists

• Muslims and Hindus

Certain nationals may be discriminated against in employment in situations of ________.

• National security under federal statute or Executive Order

• BFOQs

• Economic downturns

• Illegal aliens

Which of the following is not part of the EEOC’s investigation for a discrimination claim?

• The frequency of the action

• The impact on the organization’s performance

• The physical or threatening nature of the harassment

• The severity of the unwelcome conduct

Religious observances include a broad range of activities that could include ________.

• Formal meeting attendance

• Public praying

• Proselytizing or abstinence from some common practices

• All of the above

MGT 434T Wk 2 – Apply: Assignment

Neil works at a small print shop. He converts to a new religion that requires members to pray at specific times of the day. Neil requests time from his employer to conduct the prayers, and his employer tells him he can switch his break time to coincide with prayer time. Which of the following is true?

• Neil’s employer can fire Neil for requesting time off to pray.

• Neil’s employer has offered a de minimus accommodation. The accommodation is legal, and Neil’s employer has met its duty.

• Neil’s employer has offered too little to qualify as a reasonable accommodation.

• Neil’s employer has offered a de minimus accommodation. If this accommodation is not sufficient for Neil, however, he can demand a different one.

Pedro asks his employer if he can leave brochures from his church on the front desk of the office in case anyone may be interested in learning about the church. Based on the objective rules in the text concerning the appropriateness of advocacy activities, which of the following would be true?

• The brochures are not disruptive to work and could be allowed.

• The brochures are disruptive to work, but they must be allowed by law.

• The brochures would be too disruptive to work and should not be allowed.

• The brochures are not disruptive to work, but they are not allowed under the First Amendment.

Adrian applies for work as a janitor at a church hospital. Which of the following is false?

• The church hospital may not discriminate in hiring practices based on other Title VII protected characteristics aside from religion.

• The church hospital will be guilty of religious discrimination if it does not hire Adrian.

• The church hospital has the right to hire Adrian even if he is a different religion than that which runs the hospital.

• The church hospital has the right to refuse Adrian a job if he is not the same religion as that which runs the hospital.

Beverly wants to take a week off to go on vacation, so she tells her boss that she just joined the Royal Church of R&R and needs a week off to relax in observance of her new religion. Which of the following is true?

• Beverly doesn’t have a right to claim religious protection because her views are not likely held with the sincerity and strength of traditional views.

• Beverly has the right to claim religious protection for her belief, and her employer must let her take the vacation.

• Beverly has the right to claim religious protection for her belief. The employer doesn’t have to offer the vacation, but it must offer some form of accommodation.

• Beverly doesn’t have a right to claim religious protection because the Royal Church of R&R isn’t a real church.

Esmerelda works at a school district. She is becoming irritated with a coworker, Wendy, who continually interrupts Esmerelda by trying to read scriptures to her, asking her to attend church, and asking to pray with her. Esmerelda has complained to her boss about the issue. Which of the following is true?

• Wendy is free to direct her religious speech at Esmerelda because she is a public employee.

• Wendy is free to direct her religious speech at Esmerelda because she is a public employee, but she is subject to time, manner, and place restrictions.

• Esmerelda has the right to make Wendy cease the religious speech directed at her.

• Esmerelda’s employer cannot interfere in religious discussions between the two coworkers.

Gina joins a new church that requires her to wear a long dress every day. Gina’s job prohibits dresses because they can get caught in machinery and cause harm to workers and others. When Gina requests an accommodation, her employer offers to switch her to a non-machine job, but Gina refuses. Which of the following is true?

• If Gina refused the accommodation offered, her employer must offer her a different accommodation.

• Gina may no longer work for her employer, since there is an obvious conflict of interest.

• Gina’s employer must let her keep her same position and also wear the dress.

• If Gina refused the accommodation offered, her employer can refuse to let her wear the dress as an undue hardship.

Luanne files a harassment claim when her coworker Trixy fails to stop bothering her with religious proselytizing activities. Which of the following is true?

• Even if Luanne’s employer took reasonable action to stop Trixy’s harassment, it can still be held liable for the harassment to Luanne.

• If Luanne’s employer did nothing about Trixy after Luanne complained, then it can be held liable for the harassment to Luanne.

• Luanne cannot file a harassment suit based on proselytizing activities alone.

• Trixy herself is liable for her actions toward Luanne.

Which of the following would most likely constitute a religious practice?

• Asking for a weekend off in order to attend a peace rally

• Not eating meat for health reasons

• Taking time to meditate during the day in order to clear the mind

• Refraining from drinking coffee under direction from a pastor

Will has watched football religiously his entire life. He says he ascribes to the “Church of the NFL” and that football offers his life true meaning and enlightenment. His religion includes special clothes and the recitation of team songs and slogans. When he interviews for a job, he asks to always have Monday nights off so he can watch football in accordance with his typical observance practices. Which of the following is true?

• Will’s boss must offer Will the accommodation he wants.

• Will’s religious observance can be nothing but a farce and his employer can ignore him.

• Will’s boss doesn’t have to let Will take Mondays off primarily because the Church of the NFL isn’t real.

• Will’s boss doesn’t have to offer the accommodation he wants, but he must offer some form of accommodation.

Which of the following is most likely to be a protected advocacy or proselytizing activity under religious discrimination protections?

• Discussing religious beliefs during a company meeting

• Handing out religious materials to customers at the checkout line along with their purchase and receipt.

• Leading scriptures out loud so others can hear

• Inviting coworkers to talk to you if they are ever interested in hearing about your religion

Randi owns a small business with 10 employees. While searching for a new employee, Randi purposely turns down all black applicants. Which of the following is true?

• Randi is allowed to discriminate based on color, but not on race.

• Randi is not allowed to discriminate based on skin color.

• Randi is not allowed to discriminate based on skin color and race.

• Randi is allowed to discriminate in her hiring decision.

Dino’s Donut Shop has a diverse group of workers. The workers sometimes have playful race-based banter towards each other, and nobody seems to mind the behavior. Based on this situation, how should a manager or HR professional address race-based harassment in this workplace?

• Strictly prohibit workplace race or color joking.

• Do not worry about race or color-based joking since everyone is okay with it.

• Create a race and color joking policy with allowances for jokes but certain guidelines to make sure it doesn’t go too far.

• Create a workplace policy geared toward diversity that encourages race-based banter for the purpose of increasing morale.

Wilson does not want to hire Linda because he thinks her traditional Venezuelan clothing will make customers uncomfortable. Which of the following is true?

• If Wilson hires Linda and customers really are uncomfortable with her culture-based clothing, Wilson may fire Linda.

• If Wilson hires Linda and customers make racially charged comments to Linda, then she cannot file a harassment claim.

• Wilson may not refrain from hiring Linda based on her dress.

• Wilson can avoid hiring Linda because hiring based on dress isn’t protected by Title VII.

Jocelyn is bothered by the race-based jokes her coworkers direct toward her. She tries to play along with the jokes and pretends they do not bother her, but her coworkers’ behavior is beginning to affect her ability to work. Which of the following is true?

• Jocelyn can file a claim for race-based harassment, and if her employer determines that her coworkers’ behavior is severe and pervasive enough, she can receive relief.

• Jocelyn can file a claim for race-based harassment and receive a reward as long as she is bothered by the conduct.

• Jocelyn cannot file a claim for race-based harassment because she plays along with the jokes directed at her.

• Jocelyn can file a claim for race-based harassment, and if the EEOC determines that her coworkers’ behavior is severe and pervasive enough, she can receive relief.

Remy is an undocumented worker in the United States. He applies for a job as a farm laborer. He is qualified for the job but turned down in favor of a U.S. citizen with fewer qualifications. Which of the following is true?

• Remy’s employer is guilty of legal discrimination.

• Remy’s employer is guilty of illegal discrimination.

• Remy’s employer is not being discriminatory.

• Remy’s employer must hire the job candidate who is most qualified.

Paula and Rosario are Dominican custodians at a library. They both speak very little English. Visitors at the library complain about the two women when they speak Spanish together while they work. Which of the following is true?

• Implementing an English-only rule could never be acceptable for a janitor.

• Implementing an English-only rule would be acceptable for any reason, though it cannot be enforced during break times.

• Implementing an English-only rule would be acceptable since there are complaints about the women speaking Spanish.

• Implementing an English-only rule could only be acceptable if it had some bearing on the women’s ability to do their job correctly.

Trinity is an American citizen, as were family members for several generations before her. She has the facial features of many Asians. She is turned down for a job because she “looks too foreign.” Which of the following is true?

• Trinity has a case for national origin discrimination only if her ancestors are from Asia.

• Trinity has a case for national origin discrimination even though she is not from a foreign country.

• Trinity does not have a case for national origin discrimination because neither she nor her parents are from Asia.

• Trinity does not have a case for national origin discrimination because she is an American citizen.

Luanne is a French immigrant who speaks with a heavy accent. She interviews to work as a call center consultant and is turned down for the job. Which of the following is true?

• Luanne has been unfairly turned down since call center consultants don’t need to have extremely clear, fluent English.

• Luanne has been fairly turned down if her accent makes it hard for her to be understood over the phone.

• Luanne has been unfairly turned down if she speaks English correctly, even if she does have a heavy accent.

• Luanne has been fairly turned down if she can be understood but the employer thinks customers will be annoyed with Luanne’s voice.

Mary, a black woman, applies for a job at a restaurant but is turned down while Martha, another black woman with lighter skin tone, is hired. Which of the following is true?

• If the hiring decision was made because of qualification, Mary can file a discrimination complaint.

• If the hiring decision was made because of skin color, Mary can file a discrimination complaint.

• Mary can file and win a discrimination complaint regardless of the employer’s reason for picking Martha.

• Even if the hiring decision was made because of skin color, Mary cannot file a discrimination complaint because Martha is also black.

Noble is frustrated with the many migrant workers he hires from a specific country who work for only a short time and then quit or are terminated for performance or disciplinary reasons. He wants to screen out any future applicants from that country to reduce costs and improve the chances of effective hiring choices. Which of the following is true?

• Noble’s opinion is sufficient to allow not hiring applicants from a specific country.

• If Noble’s opinion is substantiated with data, then he can choose not to hire applicants from a specific country.

• Noble can use specific hiring criteria to limit the chances of hiring employees with the same issues he has been experiencing, but he must apply the criteria to all applicants.

• Noble cannot use prejudice in his hiring decisions; he must take equal consideration for all applicants regardless of their tendency to quit early or cause discipline problems.

MGT 434T Wk 3 – Practice: Assignment

The Rehabilitation Act of 1973 requires that contractors, including subcontractors, with _______ or more employees and contracts valued at ________ or more must take affirmative action to employ qualified individuals with disabilities.

• 15; $15,000

• 50; $50,000

• 50; $10,000

• 10; $10,000

Which of the following definitions was not adopted by the ADA from the Rehabilitation Act’s definition of a disability?

• A physical or mental impairment that substantially limits one or more major life activities

• Having a record of an impairment

• Being perceived as having an impairment

• Being able to pass the national impairment proof test

Courts will find a reduction in force (RIF) plan discriminatory if _________.

• Downsizing is used as an opportunity to eliminate older workers

• The selection of which employees will be terminated is based on subjective criteria

• The RIF is initiated as pretext to avoid ADEA concerns

• All of the above

What did Congress intend employers to do before claiming undue hardship?

• Seek external government funding.

• Shoulder all the weight of providing accommodations.

• Hold internal fundraisers to provide for disabled employees’ needs.

• Have all other employees sign a petition as proof of undue hardship.

The ADEA applies to public and private employers and unions with more than _______ employees.

• 20

• 15

• 50

• 30

Which of the following is not a reasonable accommodation?

• Providing large-print documents

• Creating privacy barriers

• Granting exceptions to seniority rules

• Providing ramps

A job function may be considered essential for any of several reasons, including that _________.

• a. The position exists to perform the function

• b. There are a limited number of workers among whom the function may be distributed

• c. The task is highly generalized

• d. Both A and B

1. President Johnson issued Executive Order 11246, which required that _________ have a nondiscrimination clause in contracts and abide by its terms.

o Only federal contractors receiving over $100,000 in payments from federal monies

o Contractors and subcontractors working for private businesses

o Contractors and subcontractors working with the federal government

o Both public and private contractors and subcontractors

Which of the following is not a typical position that can be defended by the BFOQ defense for age discrimination?

• Police officer

• Cook

• Bus driver

• Pilot

What is a job group analysis?

• Grouping jobs based on the greatest amount of minority disparate treatment

• Grouping jobs based on how important they are to the continued operations of the business and deciding which positions can be eliminated

• Grouping minorities and seeing which jobs most commonly support the groups and searching to understand why only these jobs are being filled

• Grouping jobs within an organization by function, responsibilities, and potential, and then rendering an analysis on the characteristics of each employee in the job group

MGT 434T Wk 3 – Apply: Assignment

In this scenario, Kari makes light of the Employee Handbook. Kari should not do this, because under federal employment law, a company’s Employee Handbook ______________.

• Can be an implied contract to which the employer and the employee are bound

• Is always interpreted in favor of the employee over the employer

• Provides triple damages in age discrimination cases

• Protects workers over 40 years of age under the Age Discrimination in Employment Act

Susan tries to explain to Kari that her job duties were unclear. If Susan sues for discrimination under the ADEA, this fact __________.

• May help Susan if employees under 40 years old were given express instructions about job duties and she was not

• Provides a defense for Kari and her company

• Is irrelevant to the case

• Will not help her, because it was Susan’s duty to ask about her job performance

Kari tells Susan that she is being fired because she is not getting the work done, talking too much about relatives, and not pulling her weight on her team. According to the ADEA, which of the following statements pertains to these facts?

• They establish the prima facie case of age discrimination.

• They are sufficient defenses to Susan’s claim of age discrimination.

• They are immaterial to Susan’s case.

• They are mixed-motive defenses.

If Susan sues but fails to make her case for age discrimination, she might still make a case for _____________.

• Gender orientation discrimination due to her recent leave under the Family and Medical Leave Act

• Restitution due to her need to support her daughter

• Breach of the warranty of good faith

• Retaliation due to her recent leave under the Family and Medical Leave Act

A good defense for Kari against any lawsuit by Susan for age discrimination is the ________ defense.

• Same gender

• Same actor

• Same department

• Same company

IIf Susan’s claim of age discrimination does not prevail, she might win a case for ____________.

• Intentional interference with a contract

• Gender plus discrimination

• Breach of the duty of good faith and fair dealing

• Wrongful discharge

It appears from this scenario that Kari had never formally evaluated Susan’s work performance. Performance reviews are not required by the law. What additional information would help Kari to defend herself in a lawsuit?

• The company mandates performance evaluations for all employees.

• Evaluations were given to every employee except Susan.

• No evaluations were given to any employees.

• Susan never asked for a performance evaluation.

Kari intended to write up a report of Susan’s poor performance after the fact, that is, after Susan had been fired. What would be the effect of this action in a subsequent lawsuit?

• A jury would put great credibility on a formal written performance appraisal written shortly after an employee was terminated.

• It would have no effect, because under the ADEA no performance appraisals are allowed to be submitted as evidence in a lawsuit.

• A judge would not allow a performance appraisal to be admitted under the “best evidence” rule.

• A jury would put no credibility on a formal written performance appraisal written shortly after an employee was terminated and prepared in anticipation of a lawsuit.

In this scenario, Susan could be determined to have engaged in __________.

• Bad faith

• Negligence

• Malingering

• Insubordination

In a lawsuit by Susan against Kari’s company, the fact that there are no employees over 40 within Kari’s department is most likely ____________.

• Material, as it could be used to show age discrimination—more facts are needed

• Material, because it directly shows age discrimination

• Immaterial, as Susan is being fired for legitimate performances issues—being slow, making mistakes and not pulling her weight

• Immaterial, because Susan is not old enough to make a case for age discrimination

MGT 434T Wk 4 – Practice: Assignment

f an employer places some false information in the appraisal, and that information is reported to a third party, an employee may have a claim of __________.

• Veracity

• Defamation

• Perjury

• Discrimination

___________________ is the federal act that allows an employee—at his or her own expense—to continue company health care benefits for up to 18 months when he or she leaves a job.

• The Fair Labor Standards Act

• The Employee Retirement Income Security Act

• The Consolidated Omnibus Budget Reconciliation Act

• The Family and Medical Leave Act

.

The Immigration and Nationality Act (INA) was important in that it eliminated __________ quotas for immigration and established a strictly nation-based system for calculating immigration quotas.

• Race-based

• Gender

• Hispanic

• Industrial labor

A(n) __________ is a single site of employment that is permanently or temporarily shut down for six months, or with a 50 percent reduction in hours over a six-month period, and impacts 50 or more full-time employees for a 30-day period.

• Plant closing

• Affected employee center

• Employment consolidation

• WARN violation

A 2008 FMLA amendment allows for a ___________-week period of leave for qualifying family members of veterans seriously injured in the line of duty.

• 15

• 21

• 23

• 26

For employees, workers’ compensation provides the exclusive remedy for illnesses and injuries that _________.

• Arise in the course of everyday life

• Arise out of and in the course of employment

• Arise from personal negligence during work

• Arise as an effect of getting older

The FLSA requires that an employer pay “time and a half” wages for hours worked beyond __________ in the relevant workweek.

• 10

• 20

• 30

• 40

Which of the following is not part of the documentation needed for an alien to work in the United States?

• U.S. employment identification card

• Permanent resident card

• Valid passport

• Border crossing identification card

Which type of performance measures are safest to have on an appraisal?

• Character-based

• Subjective

• Objective

• Opinion-based

What are the two bona fide occupational qualifications that come into play under the IRCA?

• Color of skin for themed entertainment venues and height requirements for certain jobs

• Citizenship for specific federal jobs and public policy functions and English proficiency to the standard necessary to carry out essential business operations

• Height requirements for certain jobs and grooming and sanitation standards for serving and food industries

• Color of skin for themed entertainment venues and accent understandability for universities

MGT 434T Wk 4 – Apply: Assignment

Company A calls Company B to ask about Company B’s former employee. Company B knows the employee caused a lot of problems before being fired. Which of the following would be the best practice for Company B?

• Add additional false details about the employee to be sure that Company A will not hire him in order to avoid a negligent referral claim.

• Provide no information, but recommend not hiring the employee.

• Do not respond to the query.

• Inform Company A why the employee was fired and recommend seeking additional information.

Who of the following is least likely to be hired by an employer?

• An averagely qualified U.S. citizen—against an averagely qualified documented alien for a management job

• A highly qualified undocumented alien—against an averagely qualified documented alien for a retail job

• A highly qualified documented alien—against an averagely qualified U.S. citizen for a sales job

• An averagely qualified U.S. citizen—against a highly qualified documented alien for a public policy job

The following series of events occurred:

I. Martha was subject to gender discrimination at her job. She attacks her boss in anger over the discrimination.

II. Martha made a discrimination claim.

III. Martha was fired from her job.

IV. Martha applied to a different employer, who asked for a referral from her former employer.

V. Martha’s former employer informs the requesting employer that Martha has a violent disposition and should not be hired.

Which of the following took place?

• Defamation and retaliation

• Retaliation only

• Retaliation and negligent referral

• Defamation and negligent referral

Blake, a convicted felon, applies for a job at Company A. The supervisor, Wes, recognizes that Blake is a felon but decides to give him a chance at employment. He places Blake under close supervision and keeps him mostly separate from other employees and, for many months, no problems occur. A year later, Blake is under regular supervision and spends more time with other employees. If he commits an act of workplace violence, which of the following would most likely be true?

• The employer did not exercise due diligence and is liable.

• The employer did not exercise due diligence but is not liable.

• The employer has exercised due diligence.

• The employer is automatically liable, though it did exercise due diligence.

Company A is a business with 80 employees spread over two plants. Financial struggles lead the company’s executives to consolidate the two plants in order to save costs until business picks up again. Within six months, the executives hope to be able to open the second plant again, but until then, some workers will have to be laid off. Which of the following is true?

• The company isn’t subject to WARN requirements only if it keeps the second plant open, even if it only operates half as many hours as before.

• The company isn’t subject to WARN requirements at all.

• The company is subject to WARN requirements regardless of when and how the second plant is reopened.

• The company isn’t subject to WARN requirements as long as it opens the second plant within the six months.

Company A decides it must close an unprofitable plant and lay off many of the workers there. The workers’ union immediately responds and wants to negotiate a plan that will have the least negative impact on the workers who will be laid off. Which of the following requests is the employer not required to address in collective bargaining?

• Continuing health and pension plans for terminated workers

• Keeping the plant open longer than 60 days

• Providing severance packages for terminated employees

• Transferring rights for employees who will not be terminated

Jean has a problem with an employee, Wynne, who often gets distracted from her work and is unproductive. All employees have been emailed an announcement about staying on task at work, and Wynne’s problem persists. At this stage, the wisest solution to this problem is ________.

• Training

• Termination

• Oral or written warning

• Suspension

Bart is an illegal immigrant from Canada. He gets hired at Company A in the United States and works there for several weeks until he is discovered to be an undocumented worker, at which point he is fired. Which of the following is true of this situation?

• Both parties committed an illegal action, but Company A bears the burden of making sure employees are eligible to work.

• Both parties committed an illegal action, but Bart bears the burden of proving he is eligible to work.

• Company A is not at fault since Bart did not inform the employer he was not eligible to work in the United States.

• Bart is not at fault since it is the employer’s responsibility to ensure an alien is eligible to work in the United States.

Company A conducts reasonable research on Ethan’s background before hiring him and determines he is a safe choice for hire. Several months later, Ethan commits a violent act at work. Since he has no history of violence, Company A retains him. Ethan then commits another violent act at work which leaves another employee injured. Which of the following is true of this situation?

• Negligent hiring has occurred, but not negligent retention.

• Neither negligent hiring nor negligent retention have occurred.

• Both negligent hiring and negligent retention have occurred.

• Negligent retention has occurred, but not negligent hiring.

Felipe is an illegal immigrant seeking work in the United States. He is hired by a small factory doing manual labor. When it is discovered that Felipe is an illegal immigrant, ____________.

• Felipe can be deported, and the employer can be punished if it knew or should have known

• Felipe can be deported, and the employer will not be punished

• Felipe cannot be deported, but the employer can be punished

• Felipe cannot be deported, and the employer will not be punished

Hillary has contributed for 20 years to a defined benefit pension plan. The investments tied to the plan deflated right before Hillary was planning to retire and begin collecting pension benefits. Which of the following is true?

• Hillary’s benefits will be a derivative of the plan’s performance over the past 20 years.

• Hillary can do nothing and is entitled to nothing.

• Hillary is entitled to a certain level of benefits regardless of how the plan performed.

• Hillary can sue for additional benefits.

At his warehouse job, Sergio notices that heavy pallets are stacked twice as high as they are supposed. Which of the following is not true?

• OSHA can fine Sergio’s company for violating a safety regulation.

• Sergio can complain to OSHA about the danger and will receive no punishment.

• Sergio can be reassigned to another, less favorable position because of his complaint.

• Sergio’s company can be held liable if Sergio is harmed by falling pallets.

Vicente works at a factory. While he is working, a coworker negligently spins “donuts” while driving a forklift and runs into Vicente, causing an injury to both workers. Which of the following is true?

• Vicente will be covered by workers’ compensation, but his coworker will not.

• Both workers must be covered by workers’ compensation.

• Vicente will not be covered by workers’ compensation, but his coworker will be since he was the one operating the equipment.

• Neither worker will be covered by workers’ compensation because the injuries were caused by horseplay.

Wally returns from a tour of duty to his former employer and is placed in his old job position. Several months later, Wally is fired because of a sexual harassment problem. Which of the following is true?

• Wally can’t be fired at all because he is a veteran.

• Wally can be fired because the cause or reason is substantial.

• Wally can’t be fired until 180 days of employment has passed.

• Wally can be fired because USERRA only controls the hire of veterans immediately after returning from active duty.

Maricruz is a non-exempt employee who was just hired at a restaurant. Which of the following is not true concerning how her employer may pay her?

• Maricruz may be paid $7.00 per hour if that is her state’s minimum wage.

• Maricruz may be paid $4.25 per hour if she is under 20 years old.

• Maricruz may be paid $7.25 per hour.

• Maricruz may be paid $2.13 per hour as long as her tips bring her up to minimum wage.

Jamie is on military leave from her job for three years. When she returns home, her former employer rehires her and promotes her to a position higher than the one she had when she left, plus a pay raise. Another employee, Caleb, who replaced Jamie when she left, feels Jamie’s promotion is unfair and that he is being discriminated against. Which of the following is true?

• Jamie cannot be promoted after leave, since Caleb has accrued seniority while she was gone.

• Jamie is required to be placed at what reasonably could have been her position if she hadn’t taken military leave.

• Jamie cannot be promoted after leave, since this would be showing favoritism to her veteran status and gender.

• Jamie is required to be rehired, but cannot be reinstated at a higher position than any she had before she took military leave.

Ella makes minimum wage at her factory job. Her job title is “System Assembly Supervisor.” She primarily spends her workday putting together electronic components. Which of the following is true?

• Ella is not an exempted employee and must be paid overtime for her hours over 40.

• Ella is an exempted employee and may not be paid overtime for her hours over 40.

• Ella is not an exempted employee and may not be paid overtime for her hours over 40.

• Ella is an exempted employee and must be paid overtime for her hours over 40.

Insurance Company A manages the provision of benefits to many different companies’ employees. Which of the following is not part of the company’s duties in handling patients’ medical information?

• Secure physical medical records in locked safes or other secured locations.

• Enforce data protection on electronic medical records.

• Inform and train employees on requirements concerning medical record privacy.

• Restrict medical record access to anyone but patients and company employees.

Tianna has earned health benefits at her job at Company A when she decides she wants to switch to working at Company B. Company B won’t offer Tianna benefits until she has worked for six months, so Tianna is interested in continuing her benefits from Company A for a time. Once she stops working at Company A, which of the following is true?

• Company A doesn’t need to provide benefits because Company B is required to provide them.

• Company A would only need to continue benefits for Tianna if it terminated her.

• Company A must provide Tianna with benefits to Tianna at no cost to her.

• Company A must provide Tianna with continued coverage, but it may charge her for it.

Buster has had a serious medical condition for many months. He has used up all of his sick leave and vacation days, as well as 10 weeks of intermittent FMLA leave. He asks for an additional two weeks off from work. Which of the following is true?

• Buster is entitled to the leave he is asking for.

• Buster’s employer can fire him because he wants to take more leave.

• Buster cannot take any more leave if he has also used up his sick leave and vacation days.

• Buster cannot be fired for reasons aside from his need to take leave.

MGT 434T Wk 5 – Practice: Assignment

The Clayton Act prohibited the elimination of unions and expressly removed union organizing efforts from the anticombination language of which act?

Labor Management and Disclosure Act

Norris-LaGuardia Act

Sherman Antitrust Act

Federal Antitrust Act

In which of the following may an employee not have a reasonable expectation of privacy?

• Lockers

• Personal space at work

• Company-owned computer

• Locked desk drawers

Which of the following is not a characteristic of a unfair labor practice?

• It interferes with any employee’s rights under the NLRA.

• It aids an employer in discriminating or interfering with union activities.

• It involves unlawful picketing.

• It demands relevant and necessary bargaining information.

A document whereby, as a condition of employment, an employee agreed not to organize or join a union is known as a(n) ________.

• Green newt contract

• Blue sparrow contract

• Red herring contract

• Yellow dog contract

Which of the following is not a requirement of the Omnibus Transportation Employee Testing Act (Omnibus Act)?

• Biannual scheduled drug tests

• Employee discipline procedures

• Chain of custody rules

• Procedures for ensuring drug test accuracy

The _______ established the right of workers to form unions, collectively bargain, and strike.

• NLRA

• BLM

• FMCS

• LMRDA

What does the Federal Privacy Act of 1974 govern?

• Employees’ right to discuss company policies with the general public

• Broadcasting media

• Private sector employers’ intrusion on their employees

• The release of private information by federal agencies about public employees

To avoid an appropriation of likeness or image tort, _________.

• An employee cannot be terminated by reason of outside appearance

• An employer may not broadly publish statements about an employee that are not true and that hurt the employee’s reputation

• An employer may not use the name, likeness, or image of an employee for commercial purposes in a way that is not contemplated by the actual job the employee holds

• An employee may not be hired for reasons of outside appearance alone if job qualifications do not align

During the negotiation process, the employer is required to share _________.

• Proprietary information

• Secret production techniques

• Profit and loss statements

• Relevant and necessary information

Under the NLRA, what action may the employer take if two employees engage in an online discussion about working conditions?

• Fire the employees

• Demand them to cease and desist

• Nothing, because the employer cannot retaliate

• Report them to the NLRA

MGT 434T Wk 5 – Apply: Assignment

Bryce tells his employees that speaking about wages is against the company’s policy. This policy is __________.

• Illegal, under Title VII

• Illegal, under the National Labor Relations Act

• Legal, under the good faith and fair dealing exception to the at-will doctrine

• Legal, because employment law does not govern a firm’s internal business practices

Rosa might have a claim against ABC Manufacturing for which type of discrimination?

• Age and gender

• Gender only

• Gender

• Race and gender

Bryce’s discipline of Dennis for sending sexually explicit emails on the company’s email system may be subject to a claim of which type of discrimination?

• Gender only

• Gender and age

• Age only

• Race and age

Bryce’s review of Dennis’s telephone was ____________.

• Unlawful, under the National Labor Relations Act

• Lawful, as a proper investigation of a poorly performing employee

• Lawful, because the telephone was on company property and Dennis has no right of privacy in the workplace

• Unlawful, as a breach of privacy under tort law

Bryce reviewed Dennis’s emails regarding the sexually explicit content on the company email system. This was ____________.

• Lawful, because Dennis has no right to send inappropriate emails

• Unlawful, as a violation of Dennis’s privacy

• Unlawful, as an invasion of privacy

• Lawful, as Dennis has no right of privacy to company emails

Bryce reviewed Dennis’s emails with his attorney, Penelope P. This conduct was ____________.

• Lawful, because it was conducted pursuant to an investigation into employee misconduct

• Unlawful, as a breach of Penelope’s right to privacy

• Unlawful, as a breach of Dennis’s right to privacy because of the attorney-client privilege

• Lawful, as the emails were on the ABC Manufacturing computer network

The National Labor Relations Act protects employees’ efforts to organize unions. Accordingly, Bryce’s discovery of Dennis’s telephone call with Brad Hoffa was ___________.

• Unlawful, as a breach of Dennis’s right of privacy

• Unlawful, as a breach of the federal Employee Protection Act

• Unlawful, as a violation of the National Labor Relations Act

• Unlawful, as a breach of Title VII

Does Dennis’s behavior at the production meeting on Tuesday (Day Two) justify termination?

• No, because he was seeking wages and benefits improvement for all employees, which is protected by the National Labor Relations Act.

• No, because he was talking about the wages and benefits for all employees, which is protected by Title VII.

• Yes, because he was being insubordinate.

• Yes, because he was disrupting a meeting and calling his boss names.

When Bryce schedules work assignments, he takes into consideration individual employees’ participation in discussing the potential of establishing a union. Bryce’s behavior is ___________.

• Not permitted under the National Labor Relations Act

• Permitted under the at-will doctrine

• Permitted under Title VII

• Not permitted under Title VII

ABC Manufacturing has an Employee Handbook. If it is introduced at court as evidence in Dennis’s lawsuit against the company, the handbook will be most beneficial to whom?

• Bryce, because he has warned Dennis about sending pornographic emails

• Bryce, because it prohibits employees from sending pornographic images

• No one, as the handbook is irrelevant in this case

• Dennis, because Bryce has not followed the progressive discipline regimen required by the handbook

Based on Bryce’s performance review with Carlos, what should Bryce do to ensure the most positive outcomes for ABC?

• He should redo the performance appraisal because subjective performance evaluations are crucial for employee termination decisions.

• He should redo the performance appraisal because objective performance evaluations are crucial for avoiding liability.

• He should forgo redoing the performance appraisal because they do not add value to performance management decisions.

• He should forgo redoing the performance appraisal because performance appraisals are costly to organizations.

If Carlos were to submit a discrimination claim to the courts surrounding his dismissal, _____________.

• He would likely have a case because his most recent performance reviews would show that he is in good standing

• He would likely not have a case due to the doctrine of at-will employment

• He would likely have a case because he did not receive a warning before termination, but a white employee did receive a warning

• He would likely have a case because Bryce was aware of his poor performance and can testify against him

If Henry became frustrated with Sara being promoted instead of him and decided to submit a discrimination claim, it would __________.

• Hold up in court, because performance management decisions should be merit-based rather than gender-based

• Hold up in court, because he has suffered adverse job action due to quid pro quo sexual harassment

• Not hold up in court, because females are considered a protected class and should be promoted before males

• Not hold up in court, because companies have the right to promote who they want when they want