Question 1 (1 point)

Which of the following is the most accurate statement according to Hodgson v. Approved Pers. Serv., Inc., 529 F.2d 760 (N.C. 1975)?

Question 1 options:

a)	An employment agency's advertisement directed to "recent graduates" as part of a broad, general invitation to a specific class of prospective customers coming into the job market at a particular time of year to use the services it offers violates the Age Discrimination in Employment Act (ADEA).

b)	An employment agency's advertisement directed to "recent graduates" used in reference to a specific employment opportunity, is an implication that persons older than the normal "recent graduate" need not apply.

c)	No employer should make reference to "recent graduates" in a job advertisement according to the Age Discrimination in Employment Act (ADEA).

d)	Both a and c.

Question 2 (1 point)

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ABC Company wants to fill two new positions. The first requires engineering knowledge and the second has no prerequisites and no opportunity for advancement without a college degree. The advertisement for the positions are placed on the internet and requests resumes from "recent college graduates," engineering degrees preferred. Is ABC subject to any potential liability based on this advertisement?

Question 2 options:

a)	No, since the first position requires an engineering degree.

b)	No, since "recent college graduates" could include individuals of any age.

c)	Yes, since "recent college graduates" implies a preference for persons under 40 and tends to discourage applications from older workers.

d)	Both a and b.

Question 3 (1 point)

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Which of the following laws applies to the case, Starbucks Corp. v. Superior Court, 86 Cal. Rptr. 3d 482 (2008)?

Question 3 options:

a)	A California state law, which prohibits employers from asking about marijuana-related convictions more than two-years old

b)	The Americans with Disabilities Act (ADA)

c)	Title VII of the Civil Rights Act

d)	The Age Discrimination in Employment Act (ADEA)

Question 4 (1 point)

XYZ Company includes the question, "Have you been convicted of a crime in the last seven (7) years?" in its employment application. Which of the following is the most accurate statement according to Starbucks Corp. v. Superior Court, 86 Cal. Rptr. 3d 482 (2008)?

Question 4 options:

a)	The question is absolutely illegal.

b)	Without a prominent disclaimer following the question, the question is illegal in the US.

c)	The question is legal, but if used in California, there must be a prominent disclaimer immediately following the question.

d)	The question is illegal but only in Montana.

Question 5 (1 point)

What did the Plaintiff base her claim on in Lysak v. Seiler Corp., 614 N.E.2d 991 (Mass. 1993)?

Question 5 options:

a)	A California state law, which prohibits employers from asking about pregnancy during an interview.

b)	A Massachusetts state law, which prohibits discrimination based on sex.

c)	The Age Discrimination in Employment Act (ADEA)

d)	None of the above.

Question 6 (1 point)

Which of the following situations would most likely be considered legal based on Lysak v. Seiler Corp., 614 N.E.2d 991 (Mass. 1993)?

Question 6 options:

a)	An employer asks an applicant during an interview if she is planning on ever having children.

b)	An employee voluntarily offers evidence that she is not having any children, and when the employer discovers she lied, he decides not to hire her.

c)	An employer asks an applicant if she will be having more children in the future.

d)	All of the above.

Question 7 (1 point)

Which of the following is not true about the court's reasoning in Kadlec Med. Ctr. v. Lakeview Anesthesia Assocs., 527 F.3d 412 (La. 2008)?

Question 7 options:

a)	There is an absolute affirmative duty on an employer to disclose negative information about a former employee.

b)	The defendants owed a duty to Kadlec to avoid affirmative misrepresentations in the referral letters.

c)	In Louisiana, a party may keep absolute silence about a referral and violate no rule of law.

d)	Both b and c.

Question 8 (1 point)

Attorney Smith works for ABC Law Firm. He suffered a back injury and was prescribed medication. He started to come to work late and some of his co-workers thought he was acting strange. One day during a deposition, he fell asleep. The next week he missed a very important court date. A paralegal found him in the bathroom passed out and it was determined that he was addicted to pain pills. The partners of the firm decided to terminate Smith. After six months, Smith was offered a position at XYZ law firm. XYZ contacted his references. Which of the following responses would least likely result in potential liability for ABC?

Question 8 options:

a)	Smith was an excellent attorney.

b)	Smith would be an asset to any law firm.

c)	Smith was always the best attorney at the firm.

d)	Smith was part of the litigation team of ABC law firm for five years.

Question 9 (1 point)

Which of the following is the most accurate according to Nat'l Treasury Employees Union v. Von Raab, 489 U.S. 656 (1989)?

Question 9 options:

a)	Drug testing is illegal in the workplace.

b)	The testing of employees who seek to be promoted to positions that directly involve the interdiction of illegal drugs or that require the incumbent to carry a firearm is reasonable under the Fourth Amendment.

c)	Drug testing is only legal in private employment.

d)	None of the above.

Question 10 (1 point)

Joan applied to be a Customs Service Officer and was offered the position. She was informed that her employment was contingent upon her passing a drug test. The test was done by an external company and while she was providing the sample in a bathroom stall, one of the testers watched to make sure she did not tamper with her sample. Which of the following is Joan's strongest argument that the test was illegal?

Question 10 options:

a)	It was a violation of her Fifth Amendment due process rights.

b)	It was a reasonable search under the Fourth Amendment.

c)	It was an unreasonable search under the Fourth Amendment.

d)	A warrant was required before any testing could be performed.

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