An employment relationship where there is no contractual obligation to remain in the relationship either party may terminate the relationship at any time is:
- Contractor;
- De Facto Employment;
- At-Will Employment;
- None of the Above.
A test used to determine employee status which considers the right or ability to control the work:
- The Economic Factors Analysis
- The FLSA test
- The common law agency test
- The OSHA test
Which of the following employees are covered by Title VII of the Civil Rights Act of 1964:
- Employees of employers not engaged in interstate commerce
- Non-US citizens employed outside the United States
- Employees of employers who have 15 or more employees
- Employees of religious institutions.
Different types of laws include:
- Statutory Laws;
- Common Law;
- Administrative Law;
- All of the Above.
If an employee is given no reasonable alternative but to terminate the employment relationship, it’s referred to as a:
- De Facto Discharge;
- Constructive Discharge;
- Voluntary Termination;
- None of the above.
The Civil Rights Act of 1991 added _________ to Title VII of the Civil Rights Act of 1964:
- Judicial Review
- EEOC
- Antiretaliation provisions
- Jury trials
MGT 434 FINAL EXAM 2016
__________discrimination is not protected under Title VII:
- Race
- Religion
- Age
- Gender
If a case is filed with the Equal Opportunity Employment Commission (EEOC), the parties may be involved in a:
- Mediation;
- Conciliation;
- Investigation;
- All of the above.
The imposition of liability on one party for the wrongs of another:
- Vicarious Liability;
- Ratification;
- Implied Covenant of Good Faith and Fair Dealing;
- None of the above.
Which of the following is a judicial requirement for an affirmative action
plan?
MGT 434 FINAL EXAM 2016
It is inflexible and immediate in its approach.
- It is used to address a conspicuous imbalance in traditionally segregated job categories
- It is a permanent plan.
- It is used to maintain status quo
- Under the Privacy Act of 1974
- An employee can seek both civil and criminal remedies for violations of the act by private sector employers
- An employee can seek both civil and criminal remedies for violation of the act by private sector employers and government sector employer
- An employee can seek both civil and criminal remedies for violations of the act by government sector employers
- An employee is barred from criminal remedies unless he can demonstrate interference with the orderly functioning of the government
- One way to prove a Title VII case of discrimination is:
- To show an employment practice while neutral on its face has a disparate impact on a protected class;
- To show an employment practice is negligent;
- To show an employment practice is illegal;
- None of the above
- Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate on the basis of an employee’s:
- Race;
- Color;
- Sex;
- All of the above
- Which of the following laws relates to labor unions?
- National Labor Relations Law
- Taft-Hartley Act
- Landrum-Griffin Act
- All of the above
- A variety of procedures for the resolution of disputes which are alternative to court adjudication are called:
- full jury trial;
- alternative mediation procedure;
- alternative dispute resolution;
- alternative conciliation procedure.
- The Fair Labor Standards Act provides rules that apply to:
- wrongful discharge;
- discrimination;
- overtime law;
- none of the above.
- Title VII applies to:
- employers;
- union;
- joint labor and management committees;
- all of the above.
- Which of the following is a defense to a claim of age discrimination?
- Age is a BFOQ;
- The claimant is 41 years old;
- Younger employees have traditionally performed better in the position
- The employer is not a governmental agency.
- This law requires an employer to provide a safe workplace
- FMLA;
- FLSA;
- ERISA;
- OSHA
- Title VII prohibits discrimination on the basis of affinity orientation:
- True
- False
- Under the Americans with Disability Act (ADA), employers are required to provide
employees with all requested accommodations.
- True;
- False
- A Catholic Church would not be found liable in a Title VII action if the Church only hired teachers for Sunday school who practiced Catholicism?
- True;
- False
- Affirmative action requires that an employer establish and implement a quota system?
- True;
- False
- A Bona Fide Occupational Qualification (BFOQ) would be a legitimate defense to a discrimination claim based on an employee’s race?
- True;
- False
- If an employer acts reasonably to accommodate a religious conflict, then it has not violated Title VII.
- True;
- False
- In a disparate treatment case, the employer would be liable of intentionally discriminating against the employee.
- True;
- False
- For an eligibility test to be legally validated as an effective gauge of performance, an employer must show that the test is job-related and consistent with business necessity.
- True
- False
- An independent contractor can sue under Title VII:
- True;
- False
- If an employee sues under Title VII, they first need to file a complaint in Federal Court.
- True;
- False
- In a disparate impact case, an employer can raise the defense that the challenged policy is a business necessity.
- True;
- False