QUESTION 1

The employment policy manual created by the company for which Porter works states that employees will be terminated only for violations of provisions in the employment policy manual.In an attempt to cut costs, Porter's employer randomly terminates fifty shipping clerks.Porter is among those terminated.Porter may have a claim for wrongful discharge based on:

the public policy exception to the at-will rule.

the implied covenant of good faith and fair dealing exception tothe at-will rule.

the implied contract exception to the at-will rule.

the Model Uniform Employment Termination Act.

QUESTION 2

Which of the following protects independent contractors from unfair labor practices?

Employee Retirement Income Security Act

Fair Labor Standards Act

National Labor Relations Act.

a, b and c.

none of the above

QUESTION 3

Existence of a workplace policy resulting in a disparate impact:

can only be evidenced utilizing subjective criteria.

can only be evidenced utilizing objective criteria.

may be evidence by either subjective or objective criteria

can only be evidenced using mathematical and statistical methods.

QUESTION 4

The practice of hiring only one's family members or the family members of current employees is:

venue recruiting.

nepotism.

promoting from within.

despotism.

QUESTION 5

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

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

QUESTION 6

Disparate treatment on the basis of race and harassment on the basis of race:

are both recognized under law.

are both recognized under law, but must be sued upon using different statutes.

are not both recognized underU.S.civil rights law.

cannot be alleged in the same lawsuit.

QUESTION 7

Hooters has, so far, successfully excluded men as waiters on the grounds that:

customers prefer female waiters:

Title VII does not cover the food service industry.

being female is a BFOQ for their particular type of restaurant.

the exclusion of males began before the enactment of Title VII and Title VII does not reach situations that began before its enactment.

QUESTION 8

The threshold element in every sexual harassment case is:

that the complained of behavior is involuntary.

that the victim has suffered severe psychological injury.

that the complained of behavior is unwelcome.

that the victim has suffered some physical injury.

QUESTION 9

The proper standard for judging whether sex-based discrimination is occurring is:

whether the members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not.

the perspective of the harasser.

the duration of employment.

the standard set forth in the Employment Nondiscrimination Act.

QUESTION 10

An employer's duty to accommodate the religious practices of an employee is limited by:

the concepts of reasonableness and undue hardship.

the degree to which the religion involved is widely recognized.

the First and Fourteenth Amendments to theU.S.Constitution.

expectations and demands by the employee

QUESTION 11

A facially neutral workplace policy will not cause a disparate impact with respect to a privilege of employment, on the basis of national origin, if:

the policy can be easily complied with and noncompliance is purely a matter of an immutable characteristic.

the policy can be easily complied with but noncompliance is not a matter of individual preference.

the policy can be easily complied with.

the policy can be easily complied with and noncompliance is purely a matter of individual preference.

QUESTION 12

The ADEA:

protects all individuals against age discrimination.

protects all employees who are under20 years of age, against age discrimination.

protects all individuals who are at least 40 years of age, against age discrimination.

protects all employees who are between the ages of 40 and 70.

QUESTION 13

An employer's duties under theADAand the Rehabilitation Act:

are identical to the duties imposed by the ADEA.

will expire, by law, in the year 2007, unless Congress renews these statutes.

do not apply to employers with more than a certain number of employees.

differ from the duties imposed by Title VII in that theADAand the Rehabilitation Act require an employer to take active, preemptive steps to make a workplace accessible to employees protected by the acts.

QUESTION 14

A government employer can demand urine samples from its employees, for testing purposes:

unless the demands are calculated to allow a determination of job fitness:

only pursuant to a validly issued search warrant.

at any time, for any reason.

on the basis of reasonable suspicion, based on specific facts, and reasonable inferences drawn fromthose facts.

QUESTION 15

Demonstration of a disparate impact under the four-fifths rule:

carries with it a presumption of discrimination.

equates with a demonstration of liability under Title VII.

carries with it no presumption of discrimination.

is relevant only in discrimination in employment appraisal cases.

QUESTION 16

In the workplace of the private sector employer:

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 do not have an absolute right to privacy in the workplace.

employees have an absolute right to privacy in the workplace.

QUESTION 17

During a unionizing campaign, the employer is permitted to:

assist the employees to form the union.

let employees hold antiunion meetings at work.

send letters to employee homes.

ask about union meetings or union activities.

QUESTION 18

The safety standards enforced by the Occupational Safety and Health Administration are researched and formulated by:

Congress.

state workplace safety agencies.

the National Institute for Occupational Safety and Health.

the National Labor Relations Board.

QUESTION 19

If the amount that an employee puts into a pension plan is specified, but the amount, which is paid out in benefits is not, the employee is:

enrolled in a defined benefit plan.

enrolled in a defined welfare plan.

eligible for Pension Benefit Guarantee Corporation protection.

enrolled in a defined contribution plan.

QUESTION 20

In addition to regulating child labor, wages and hours, the FLSA requires an employer to:

supply the department of labor with the names and addresses of all employees on a semiannual basis.

keep records, in any form they wish, on wages and hours.

maintain an escrow fund to finance and pay overtime.

provide unemployment insurance to all covered employees.