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Question;1. The Civil Rights;Act of 1964;A. amended the;Civil Rights Act of 1866 to permit jury trials in employment discrimination;cases.;B. brought an end;to the Viet Nam war.;C. created the;legal basis for non-discrimination in housing, education, public;accommodations, and employment.;D. overruled Brown;V. Topeka Board of Education.;2. Title VII;protections apply to;A.;managerial employees;B.;non-managerial salaried employees;C.;hourly wage employees;D.;all of the above;3. for hostile;environment sexual harassment to exist, the offending activity;A.;must occur at least yearly over a five year period.;B.;need only occur once.;C.;must be frequent and/or intensely offensive.;D.;frequency is not a necessary criterion regarding hostile environment sexual;harassment.;4. In;order to be afforded constitutional and/or statutory protections, the;complainant must;A.;be a member of an organized religious denomination;B.;be a member of a religious denomination that the employer is familiar with;C.;show a sincerely held religious belief even without proving membership in a;specific religious denomination;D.;none of the above;5. Under the ADA, an;individual;A.;is disabled if the individual has an impairment that substantially limits one;or more of the major life activities.;B.;is disabled only if the individual has an impairment that substantially limits;all major life activities.;C.;Is disabled if he suffers from any medically recognized disorder.;D.;Is presumed to be disabled unless an employer or prospective employer can prove;otherwise.;6. Peter is a 65 year old;black man. He is a licensed pilot and is in perfect health. Peter has applied;to Flying High Airlines, and his application has been rejected.;A.;if he can show that the job remained open after his rejection, disparate treatment;can be shown.;B.;Flying High has the right to hire anyone that they please because it's a;private company.;C.;Flying High will not have been deemed to have discriminated against Peter if;they can evidence a valid BFOQ that disqualifies Peter.;D.;disparate treatment is automatically evidenced because Peter belongs to a;protected group.;7. An employer's duty to;accommodate the religious practices of an employee is limited by;A.;the concepts of reasonableness and undue hardship;B.;the degree to which the religion involved is widely recognized.;C.;the First and Fourteenth Amendments to the U.S. Constitution;D.;the Free Exercise Clause;8. Lori works for a;national restaurant chain and has been discriminated against by her employer.;A.;Lori must first bring her action through the EEOC.;B.;Lori must first bring her action through the appropriate state court.;C.;Lori must first bring her action through the appropriate federal court.;D.;Lori has the option of initiating her claim through either the EEOC or a state;or federal court..;9. The ADEA;A.;protects all individuals against age discrimination.;B.;protects all employees who are at least 40 years of age, against age;discrimination.;C.;protects all employees who are less than 40 years of age, against age;discrimination.;D.;protects all employees who are between the ages of 40 and 70.;10. Which of the following;is not a belief that may require accommodation by the employer;A.;being a vegetarian;B.;wearing a required head covering;C.;refusal to work on the Sabbath;D.;all of the above may rise to the level of requiring an accommodation.;11. Mike wants a divorce.;He has read in a magazine that men tend to get more favourable settlements when;they have a female attorney. Mike goes into a large firm with a 13 member;domestic relations department (8 men and 5 women) and asks to speak with female;attorneys only. If the law firm complies with his request;A.;there may be a Title VII gender discrimination issue because the firm might be;construed as hindering the opportunities of male attorneys.;B.;there is no discrimination because the customer/client has stated a valid;reason;C.;there is no discrimination because the law is still a predominantly male;dominated industry so males have no standing to sue in this situation.;D.;there may be a Title VII issue based on gender-plus discrimination issues.;12. Title VII;A.;prohibits discrimination and affirmative action.;B.;prohibits discrimination but requires reverse discrimination.;C.;prohibits discrimination and requires affirmative action.;D.;prohibits discrimination and permits affirmative action.;13. In Rowe v. General;Motors Corp., three black employees sued claiming that foreman-based;recommendations used for promotions were unlawful and racially discriminating.;The court did not find;A.;that the foremen were given no direction in;terms of what qualities to look for regarding promotions;B.;that blacks may have been hindered in obtaining satisfactory recommendations.;C.;that Title VII requires that procedures used be fair in both form and in;operation.;D.;that there was a pattern of discrimination against black employees evidencing a;clear intent to create a situation resulting in a disparate impact;14. An employer who;fails to properly investigate potential employees may be liable to injured;third parties under the following legal theory;A.;OSHA;B.;Workers Compensation;C.;Negligent Hiring;D.;Assault;15. Acir;Manufacturing Company runs a plant in the worst part of town. Despite adequate;lighting and security patrolling the parking lot, it is still considered very;dangerous to walk to or from your car at night. The plant operates 3 shifts and;is open 24 hours a day. Due to the high risk, women are only hired for the 8:00;am to4:00 pm shift.;A.;the company has a right, if not a duty, to maintain this hiring policy to;protect its female employees.;B.;women should be at home at night so no true discrimination exists.;C.;since the hours don't relate to a true ability to do the job, Acir is;discriminating.;D.;safety, in terms of walking through the parking lot, is a valid BFOQ of the job;so there is no discrimination.;16. The Family and Medical;Leave Act applies to;A.;all employees of all businesses;B.;employees who have worked for a company for 12 months, regardless of hours;worked.;C.;employees who have worked for a company for 12 months, and have worked a;minimum of 1250 hours during that time;D.;employees who have worked a total of 1250 hours, regardless of the duration of;their employment;17. The law requires that;unions and management bargain;A.;until a resolution is reached.;B.;until the union is satisfied.;C.;until management is satisfied.;D.;in good faith;18. Philip has been;employed at his company for 3 years. The new head of human resources wants all;employees to agree to waivers allowing the company to search the employee's;hard drives for illegal and/or anti-company material without exposing the;company to liability;A.;they can force Philip to sign the waiver;as a condition of employment.;B.;the waiver will only be valid if Philip is given consideration in exchange for;his waiver.;C.;as long as the waiver is voluntary, consideration is not required.;D.;waivers of privacy rights are void, consideration or not, due to violations of;public policy constraints.;19. An accommodation;under ADA, is reasonable if;A.;it is feasible.;B.;it has been provided by other employers.;C.;it does not cause a burden on the employer.;D.;it does not cause an undue burden on the employer.;20. In terms of sexual;harassment, an employer is liable for the following;A.;acts of a supervisory employee only should the employer know or should have;known that harassment was occurring.;B.;acts of a supervisory employee whether or not the employer knew or should have;known that harassment was occurring.;C.;acts of a non-supervisory employee whether or not the employer knew or should;have known that harassment was occurring.;D.;employers are always liable for any sexual harassment that occurs regardless of;who the harasser is or what they knew or should have known.


Paper#45614 | Written in 18-Jul-2015

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