- Description
LAW 531T Week 5 Practice Assignment
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Week 5 Practice Assignment
- Which of the following is FALSE concerning affirmative action plans?
o Affirmative action plans do not require employers to hire unqualified individuals.
o Affirmative action plans are perpetual when ordered by a court of law.
o Affirmative action prohibits the use of quotas in hiring practices.
o Affirmative action plans typically include goals and timetables to correct imbalances in hiring and employment practices.
- The conditions necessary to show a prima facie case for age discrimination include all but which of the following?
o The employee was adequately performing the marginal job functions of the position.
o The employee is qualified for the employment position.
o The employee is over 40 years old.
o The employee was treated less favorably than another, younger employee.
- An agency may be created by _________________, in which circumstances necessitate the recognition of a binding relationship in the absence of an agreement.
o agency by estoppel
o ratification
o agreement
o operation of law
- Which of the following subjects is NOT covered under Title VII?
o religion
o sexual orientation
o national origin
o race and color
- An agent owes a principal a duty of _________________, which means using reasonable diligence and skill to complete the assigned tasks.
o performance
o loyalty
o accounting
o notification
- 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.
o cooperation
o reimbursement
o compensation
o indemnification
- Which of the following is a bona fide occupational qualification that allows discrimination in hiring on the basis of nation of origin or citizenship?
o English proficiency to the standard necessary to carry out essential job functions
o citizenship for employment in contracts that will take over one year to complete
o English proficiency to the standard necessary to pass an E-Verify linguistics test
o citizenship for employment in federally owned organizations
- Under the doctrine of _________________, an employer may be exposed to tort liability for the acts or omissions of an employee.
o dual-purpose mission
o vicarious liability
o frolic and detour
o indemnification
- Which of the following would NOT likely constitute hostile work environment sexual harassment in and of itself?
o offensive touching
o repeatedly asking a coworker out on dates
o disseminating pornography
o following a coworker home and taking pictures of him or her
- An agency may be terminated in all but which of the following ways?
o impossibility of the purpose
o revocation by an agent
o death of an agent
o a specified lapse of time as agreed upon by the parties
- Which of the following is a mandatory subject during collective bargaining?
o discrimination
o health benefits
o location of workplace
o supervision requirements
- Which of the following is NOT true of workers’ compensation?
o In accepting it, employees must accept a limited benefit over the risk of receiving nothing in a private lawsuit.
o It applies to any injury to an employee.
o Employers are required to compensate and insure their workers.
o It applies only to injuries that arise out of and in the course of employment.
- Which of the following is NOT true of the FMLA?
o It applies to employers in government and private sectors.
o It applies only to employers in the private sector.
o It applies to employers with 50 or more employees.
o It allows employees to leave due to parental and medical necessity.
- Which of the following is true of replaced workers after a strike?
o Employers are not required to make them aware of job vacancies.
o They cannot be terminated.
o They have the right to return to work.
o They have the right to be rehired, but only if an equivalent position becomes available.
- The defense that a worker’s errant conduct contributed to his or her own injury is which type of employer defense?
o the fellow servant rule
o assumption of the risk
o contributory negligence
o errant conduct
- Enacted in 1932, the _________________ is a federal act that established employees’ right to unionize.
o Taft-Hartley Act
o Labor Management Relations Act
o Norris-LaGuardia Act
o National Labor Relations Act
- All are true of the National Labor Relations Act except which of the following?
o It gave workers the right to engage in concerted activity.
o It gave workers the right to form unions, engage in collective bargaining, and strike.
o It declared yellow dog contracts to be against public policy.
o It created the National Labor Relations Board to administrate over union affairs.
- Which of the following is true of the Taft-Hartley Act?
o It gives the NLRB administrative power to oversee union elections.
o It provides equal representation of skilled and unskilled workers.
o It gives employers the right to engage in free speech efforts against unions.
o It establishes employees’ right to bargain collectively with employers.
- The Labor-Management Reporting and Disclosure Act was enacted for all but which of the following purposes?
o to regulate union elections
o to reduce union elite corruption
o to empower union members
o to consolidate power away from rank-and-file union members
- Which of the following is NOT true of the Fair Labor Standards Act?
o It imposes a minimum age for workers.
o It guarantees overtime payment for work beyond 40 hours a week.
o It sets a minimum wage for workers.
o It guarantees health benefits for full-time workers.