Business Law, 8e: Chapter 40

Chapter 40
Labor and Fair Employment Practices:

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1. Employees have a right to collectively bargain under the National Labor Relations Act (NLRA).: a. True
b. False

2. The Hoffman Plastic Compounds v. NLRB case involved unfair labor practices involving minors.: a. True
b. False

3. The two principal legal theories under which a plaintiff may prove a case of unlawful employment discrimination are disparate treatment and disparate impact.: a. True
b. False

4. In a disparate impact case, proof that the employer did not intend to discriminate is a complete defense.: a. True
b. False

5. If a state or local Equal Employment Opportunity agency (EEO) exists, a party charging discrimination must first file a complaint with that agency before filing a charge an employer with discrimination.: a. True
b. False

6. To successfully pursue a Title VII lawsuit, the plaintiff generally must belong to a protected class.: a. True
b. False

7. Pay raises based on seniority generally are considered lawful.: a. True
b. False

8. In Burlington Industries, Inc. V. Ellerth, the court held an employer could not be held liable for harassing acts of a supervisor until the employer became aware of the actions.: a. True
b. False

9. Under the Immigration Reform and Control Act (IRCA), an employer must verify that an employee is legally entitled to work in the United States.: a. True
b. False

10. The Age Discrimination in Employment Act prohibits discrimination based on age against those over age 50.: a. True
b. False

11. The issue in the Toyota Motor Manufacturing, Kentucky v. Williams case was:: a. whether Toyota was preventing union activities.
b. whether Toyota had allowed sexual harassment.
c. whether Toyota had failed to accommodate the disability of a worker.
d. whether Toyota had discriminated against an African American worker.

12. What is the primary function of the five-member National Labor Relations Board?: a. to mediate labor-management disputes
b. to decide unfair labor practice cases brought before it by the General Counsel
c. to promulgate binding regulations defining unfair labor practices
d. to uphold the right of employees to bargain collectively

13. When an employer treats some employees less favorably than others, the legal theory that applies is:: a. disparate impact.
b. affirmative action.
c. reverse discrimination.
d. disparate treatment.

14. When an employee alleges religious discrimination because of an employee-observed religious practice:: a. the employer must bypass seniority rules to accommodate the employee.
b. the employee must honor all bona fide religious practices.
c. the employer must make reasonable efforts to accommodate religious beliefs.
d. the employer must call in a substitute worker at additional cost.

15. Samaritan Associates has one hundred full-time employees at its only site. Under the Family and Medical Leave Act, which of the following employees would be entitled to leave during the event listed?: a. Bud, whose wife is about to give birth, during his wife's labor and recovery from labor.
b. Daisy, while her young son has a cold that makes him very cranky.
c. Iris, while taking care of her father-in-law who has a broken hip.
d. All of the above.