Can You Do My Assessment Questions

Course Textbook

Bennett-Alexander, D. D., & Hartman, L. P. (2009). Employment law for business (6th ed.).

New York, NY: McGraw-Hill.

 

Question 1

1. Which of the following is not covered by the EEOC’s definition of contingent worker?

Answer

		an employee hired through a staffing firm.
		a temporary, seasonal, or part-time worker.
		an applicant.
		an independent contractor.

4 points

Question 2

1. The employment-at-will doctrine means that

Answer

		An actor must agree to follow the instructions by the play’s director in order to be cast in a play by William Shakespeare.
		Highly paid skilled workers in the building trades can pass their jobs on to a relative when they die.
		An employer can terminate an employee for any reason as long as the reason is not a violation of public policy or against the law.
		Government employees lose their constitutional rights when on the job.

4 points

Question 3

1. Marilyn was employed at the Quick Stop. She was fired for allegedly stealing from the cash draw. Marilyn denied taking the money. She applied for another position at the local Food Mart. When asked why she left her last job, she explained that her manager fired her for stealing; however, she continued to deny stealing the money. Marilyn did not get the job at the Quick Mart. She contacted a lawyer to discuss her options.

Answer

		Marilyn does not have a cause of action against Quick Stop for defamation because her reputation has not been harmed.
		Marilyn does not have a cause of action against Quick Stop for defamation because she told the manager at Food Mart about the allegations.
		Marilyn has a cause of action for defamation against Quick Stop because she was forced to repeat the defamatory remarks to her prospective new employer.
		Marilyn has a cause of action for defamation because the manager at Quick Stop would have provided the information if he had been asked for a reference.

4 points

Question 4

1. Ms. Lee was employed as a secretary at Burton Trucking. She was fired from her job when she refused to perjure herself at a trial where her employer was the defendant. She filed a wrongful discharge lawsuit against her former employer. Ms. Lee will:

Answer

		prevail if the state where the lawsuit was filed recognizes a public policy exception to the employment-at-will doctrine.
		prevail only if she proves she was telling the truth.
		will lose because the employment-at-will doctrine completely insulates the employer from liability.
		will lose because her testimony provided the basis for a defamation lawsuit by her former employer.

4 points

Question 5

1. An employer seeks applicants for entry-level jobs from among those with experience in a segment of her industry that has typically exhibited hostility toward groups defined by certain protected traits. This form of recruitment is:

Answer

		probably wrongful, because it is illegal to limit applicants to those with experience, unless the experience sought is experience in the precise industry segment in which the employer operates.
		perfectly legal.
		probably wrongful, because the applicant pool will be virtually devoid of members of these groups.
		perfectly legal, as long as the employer hires the most experienced applicants.

4 points

Question 6

1. An effective method to minimize the possibility that a prior employer of a prospective employee will refuse to provide a reference on the grounds that a reference can give rise to defamation liability is

Answer

		to require all prospective employees to sign a document releasing former employers from liability for providing references, and providing a copy of the release to prior employers from whom references are sought.
		conduct reference checks secretly.
		have the references checked by an unrelated third party.
		check only references that are adequately insured against defamation.

4 points

 

Question 7

1. Which factor is not part of the economic realities test used by the courts to determine whether a worker is an employee or an independent contractor?

Answer

		the degree of control exerted by the alleged employer over the worker.
		how integral the work is to the alleged employer’s business.
		the degree of skill required by the worker.
		whether the alleged employer withholds payroll taxes or provides worker’s compensation

4 points

 

Question 8

1. Davis Hosiery Mills has each new employee sign a form acknowledging receipt of the company’s handbook. The handbook states that employees will be terminated for good cause only. It also contains a disclaimer, in small print, which informs the employee that the employment relationship is “at will.” An employee of Davis Hosiery sues for wrongful termination.

Answer

		The employee cannot sue because termination for good cause is not generally recognized as a limitation to employment-at-will, even when placed in an employee handbook.
		Davis Hosiery will win the case because the employee signed a form acknowledging that the employment relationship at Davis Hosiery is “at will.”
		Depending on the statutes or court decisions in the state where Davis Hosiery is located, the employee can proceed with the lawsuit because the disclaimer was neither prominent nor conspicuous.
		The employee cannot sue if she lost her copy of the handbook.

4 points

Question 9

1. Mr. Jones was employed by Barker Sock Company as a sewing machine repairman in Plant #5. He, along with the other 700 employees, was informed that the plant had been permanently closed by a written notice on the door when he arrived at work.

Answer

		Mr. Jones’ only recourse is to file for unemployment benefits.
		Mr. Jones has no recourse because he was an employee-at-will.
		Mr. Jones may be eligible to receive his salary and benefits for the next 60 days.
		None of the choices are correct.

4 points

 

Question 10

1. Grand Lake Bridge Builders is hiring Material Handling Laborers. The job requires the ability to lift or move objects weighing 100 pounds. Shannon Marshall, who is 5’9” tall and looks to weigh about 135 pounds applies for the job. Grand Lakes wants to ensure that she is physically capable of doing the job.

Answer

		Grand Lake can require Shannon to take a pre-employment physical examination before wasting time and money on the rest of the application process, such as an interview, drug test and background check.
		If Grand Lake makes a conditional job offer to Shannon, it can require her to take a physical examination before wasting time and money on the rest of the application process, such as the drug test and background check.
		Grand Lake cannot require Shannon to take a preemployment physical examination as a condition of employment, but can require a physical examination after a job offer has been made, provided that all of the non-medical aspects of the application process are completed before the physical examination.
		Grand Lake can avoid this problem by keeping a set of 100 pound weights in the office and requiring all applicants to lift them at the time of the interview.

 

Question 1

1. In the workplace of the private sector employer:

Answer

		employee rights under the Privacy Protection Act of 1974 are stronger than the rights of the employer under the Act.
		employees have no legitimate expectation to any privacy rights.
		employees have limited rights to privacy in the workplace.
		employees have an absolute right to privacy in the workplace.

4 points

Question 2

1. Kay Poplin was employed as a dental hygienist for Dr. Clark Smith. Dr. Smith rubbed up against her body during working hours and asked for sex. Dr. Smith called her home at all hours of the night making lewd sexual comments. He would drop by her home unannounced 3 to 4 times a week, exposing himself and asking for sex when she opened the door. Kay quit her job.

Answer

		Kay has a cause of action for violation of the Privacy Act.
		Kay has a cause of action for intrusion into seclusion.
		Kay does not have a cause of action because she did not call the police.
		Kay does not have a cause of action because the outrageous conduct took place outside the workplace.

4 points

 

Question 3

1. Andrew was employed by the Emerald City in the accounting department. David, the head of the department, stormed into Andrew’s office demanding to search the files and all records of payments made by Emerald City to Holland Construction. David accused Andrew of getting “kick backs” from Holland Construction. Andrew attempted to leave the office during the search and David closed the door and told him to stay until all of the files had been reviewed.

Answer

		Andrew’s 4thAmendment rights have been violated because the search was per se unreasonable.
		Andrew has a claim for defamation.
		Andrew has a cause of action for false imprisonment.
		Andrew has no recourse because the search was reasonable.

4 points

Question 4

1. An employer cannot be held liable to an employee for the tort of intrusion into seclusion unless, among other things:

Answer

		the employee was entitled to privacy in the area into which the employer is alleged to have improperly intruded.
		the employee failed to waive his privacy interest.
		the employee waived his privacy interest.
		the employee can demonstrate that the seclusion was rationally related to a legitimate employer interest.

4 points

Question 5

1. Lane was employed by the county as the public assistance coordinator. She was fired after her office was searched by her supervisor. Her supervisor claimed that she searched the office looking for evidence that Lane was engaged in food stamp fraud.

Answer

		Lane’s 4thAmendment rights have been violated because the search was per se unreasonable.
		Lane has no recourse because her employer had reasonable grounds to suspect the search would reveal that she was engaged in food stamp fraud.
		Lane can file an action based on the Privacy Act.
		Lane can file a claim based invasion of privacy.

4 points

 

Question 6

1. A private employer’s regulation of off-work activities may be limited by:

Answer

		common law privacy protections.
		the Privacy Act of 1974.
		the Fourth Amendment.
		a complaint to the Privacy Protection Study Commission.

4 points

Question 7

1. For which of the following does Josh, an employee, generally have the greatest expectation of privacy?

Answer

		Josh’s desk drawers in his office.
		Josh’s briefcase that he carries to and from the office and home.
		Josh’s business use company car.
		Josh’s locker at work.

4 points

Question 8

1. An employee unreasonably detained during a search by a private employer may have a viable cause of action against the employer for:

Answer

		defamation.
		false imprisonment.
		assault.
		battery.

4 points

 

Question 9

1. Someone claiming to be an employee of the employer for whom Bernie works has been handing out flyers denigrating the employer at a local shopping mall. Bernie’s employer had its security force search all of the employees’ lockers to see if they had any of the flyers.

Bernie can file an action against his employer under the 4th amendment if

I. His employer is a private company that has a government contract. II. His employer is a state or local government. III. His employer is the federal government. IV. His employer is a non-profit organization.

Answer

		I, II and IV.
		I, III and IV
		II and III.
		III and IV.

4 points

Question 10

1. Under the Privacy Act of 1974:

Answer

		an employee can seek both civil and criminal remedies for violations of the act by private sector employers only.
		an employee can seek both civil and criminal remedies for violations of the act by private sector employers and federal government employers.
		an employee can seek both civil and criminal remedies for violations of the act by federal government employers.
		an employee is barred from legal remedies unless they can demonstrate interference with the orderly functioning of the government.

 

 

Question 1

1. Mandatory Arbitration Agreements wherein the employee agrees to arbitrate all disputes arising out of his/her employment relationship

Answer

		do not interfere with the employee’s right to file a claim for discrimination with the EEOC.
		prevent an employee from pursuing a claim for discrimination with the EEOC.
		are enforceable except when the employer violates Title VII of the Civil Rights Act.
		are not enforceable unless authorized by the EEOC.

4 points

 

 

 

Question 2

1. Carrie Farini, a white woman, applies for a job as a waitress at the Redbone Cajun and Soul Food Restaurant. Although she has prior experience as a server at other dining establishments, she is not hired because she is white. All of the waiters at the Redbone are black men.

Answer

		Carrie can bring a complaint of discrimination under Title VII based on race.
		Redbone can defend the case on the basis that race is a bona fide occupational qualification to work in the dining room at Redbone because it is presenting a soul food dining experience.
		Carrie can reapply to work at the Redbone if she is willing to work wearing “black face” make-up.
		Carrie can bring a complaint of discrimination under section 1983.

4 points

Question 3

1. Nemo Gill was hired by the Spectacular Tropical Aquarium and agreed to submit any disputes arising out of his employment to binding arbitration. Nemo was fired when he became a “Rastafarian” and urged his co-workers to become vegetarians and smoke ganja. Without waiting for the results of the arbitration, Nemo filed a complaint alleging religious discrimination with the EEOC. The EEOC quickly filed a lawsuit on his behalf. Spectacular moved to have the EEOC’s lawsuit dismissed on the grounds that Nemo signed a valid arbitration agreement.

Answer

		The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo signed the mandatory arbitration agreement.
		The EEOC can bring a lawsuit enforcement action against Spectacular despite Nemo’s agreeing to arbitration.
		The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo did not wait for the results of the arbitration.
		The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo’s urging his co-workers to smoke ganja and become vegetarians had nothing to do with his job.

4 points

 

Question 4

1. The Civil Rights Act of 1964 prohibits discrimination

Answer

		relating to employment, women in sports and housing.
		relating to employment only.
		relating to employment, women in sports, housing, education, and public accommodations.
		relating to employment, education, and public accommodations.

4 points

Question 5

1. Every successful claimant in a Title VII case is eligible to receive

Answer

		back pay, front pay and liquidated damages.
		back pay, front pay, attorney fees and punitive damages
		back pay, front pay, attorney fees, punitive damages, and compensatory damages
		back pay, front pay, and compensatory damages

4 points

Question 6

1. Actionable racial harassment:

Answer

		must be either severe or pervasive enough to alter the conditions of employment and create an abusive working environment.
		exists only where the victim is not a member of a majority race.
		exists only where the victim is not a member of the race that is the majority in the workplace.
		must be both severe and pervasive enough to alter the conditions of employment and create an abusive working environment.

4 points

Question 7

1. Marc Brown is a chemical engineer with a graduate degree from MIT. Mr. Brown is African American. He applied for a chemical engineering position with Kincaid Paper Company. Although he was qualified for the job, he was not offered the position. Mr. Brown happened to see the job advertised in the newspaper 2 weeks after he had been rejected.

Answer

		Mr. Brown does not have a cause of action for discrimination.
		Mr. Brown can offer evidence to satisfy the elements of a prima facie case.
		Mr. Brown cannot offer evidence to satisfy the elements of a prima facie case.
		Mr. Brown is not eligible to file a claim under Title VII.

4 points

 

Question 8

1. When an employee has complained to his/her employer about racial harassment, the employer should

Answer

		not investigate if there has only been one isolated incident of misconduct because one incident does not rise to the level of racial harassment.
		investigate and take immediate corrective action.
		avoid future communications with the employee in order to prevent a complaint with EEOC for reprisal because the employee complained about the harassment.
		eliminate any future harassment problems by terminating all employees involved, including the employee that complained.

4 points

Question 9

1. A person who brings a claim of employment discrimination under 42 U.S.C section 1981 must show that

Answer

		there was a conspiracy to cause discrimination by other persons at the workplace.
		that the person who discriminated was acting under color of state law.
		that the discrimination occurred in connection with an employment contract.
		that the discrimination was based on a disparate impact.

4 points

Question 10

1. Sally Landon is employed by Kent Electronics, Inc. in its London facility. Kent Electronics, Inc. is a U.S. corporation. Sally is not a U.S. citizen. Sally’s job was eliminated in a recent reduction in force. She noticed that only women were laid off. She contacted EEOC in Washington, D.C. to file a claim for discrimination.

Answer

		Sally’s claim will be investigated by EEOC.
		Sally’s claim cannot be filed with EEOC because the discrimination did not occur in the United States.
		Sally’s claim cannot be filed with EEOC because she is not a U.S. citizen and she does not live in the United States.
		Sally’s claim will be investigated by EEOC, but not all remedies available to U.S. citizens will be available to Sally.

 

Question 1

1. White Swan Motors practice of hiring only applicants recommended by its employees has been found to have an adverse impact on non-White applicants. White Swan plans to implement a voluntary affirmative action plan. Which of the following actions is not available to White Swan as part of its plan?

Answer

		Training and programs, including on-the-job training, for minorities to enable them to develop the skills and experience necessary to perform jobs at White Swan.
		Recruiting activity that is extensive and focused on identifying minority applicants for jobs at White Swan.
		Designate certain positions at White Swan to be filled by minority applicants.
		Training of existing employees on the elements of the affirmative action plan.

4 points

Question 2

1. Judicial Affirmative Action is a remedy imposed by the courts when:

Answer

		workplace discrimination has been found in violation of Title VII and an affirmative action plan is the appropriate remedy.
		federal contractors fail to comply with Executive Order 11246.
		voluntary affirmative action plans result in reverse discrimination.
		voluntary affirmative action plans fail to eliminate workplace discrimination.

4 points

Question 3

1. Reverse discrimination cases are approximately:

Answer

		12 percent of the EEOC’s case load and are rarely found to be meritorious.
		3 percent of the EEOC’s case load and are often found to be meritorious.
		3 percent of the EEOC’s case load and are rarely found to be meritorious.
		12 percent of the EEOC’s case load and are often found to be meritorious.

4 points

Question 4

1. Research has shown that the group that has made the most gains under affirmative action is:

Answer

		African-American men.
		African-American women.
		White women.
		Asian men.

4 points

 

Question 5

1. Executive Order 11246:

Answer

		regulates federal government contractors and lawsuits by private employees.
		allows private employees to sue the Secretary of Labor to compel federal contractors to comply with the provisions of the Order.
		is administered by the Secretary of Labor and the Office of Special Counsel.
		prohibits the use of affirmative action plans.

4 points

Question 6

1. A “corporate management compliance evaluation” is:

Answer

		an evaluation used to determine if federal contractors have developed the required affirmative action plan.
		an evaluation used to determine whether there are artificial barriers preventing women and minorities from being promoted to mid and senior level management positions.
		an evaluation used to determine if the federal contractor has achieved the placement goals set by the Office of Federal Contract Compliance Programs.
		an evaluation of the federal contractor’s report addressing the under representation of women and minorities as it relates to availability in the workforce.

4 points

Question 7

1. Ace Incorporated is a government contractor and has a single manufacturing facility located in Newark, Delaware, a small college town. Ace has 65 employees with all of them living within 20 miles of the facility. Of the employees, 64 of them are native Delawareans. Ace must do an availability analysis. Ace must therefore compare the percentage of female and minority employees regarding:

Answer

		the workforce percentages available in the entire United States.
		the workforce available within a 20 mile radius of Newark, DE.
		the workforce available in Delaware and the closest surrounding states.
		the workforce available in Newark, DE.

4 points

 

Question 8

1. The Glass Ceiling Commission found that:

Answer

		Women make up close to half of the labor force in the United States and held 5% of senior level jobs in corporations.
		It is easier for women and minorities to enter at the mid- and senior-level corporate management than to advance from the entry level.
		Women and minorities are frequently routed into career paths like customer relations and human resources, which do not lead to top level jobs.
		All of the above are correct

4 points

Question 9

1. Title VII allows an employer to develop a voluntary affirmative action program:

Answer

		to redress chronic under representation of a group in an industry.
		to redress chronic under representation of a group in society.
		to redress chronic under representation of a group in that employer’s workplace.
		only if ordered by a federal judge.

4 points

Question 10

1. Segregation in the workplace was legal in many parts of the United States until:

Answer

		the 1954 Supreme Court case of Brown v. Topeka Board of Education.
		the passage of the Civil Rights Act of 1964
		the 1979 Supreme Court case of United Steelworkers of America, AFL-CIO v. Weber.
		the 1971 Supreme Court case of Griggs v. Duke Power.

 

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