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Exam 33: Employment Immigration and Labor Law

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Question 61

Multiple Choice

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Vim applies for a job at Welding Inc. She passes a test to determine which applicants are eligible for hiring, but Welding discards the results, and Vim is rejected. To successfully defend against a claim for discrimination under Title VII of the Civil Rights Act, the employer must show that

A) the practice in question was justified.
B) the employer feared it would be sued if it used the test results.
C) any discriminatory effect was unintended.
D) statistically the practice in question is discriminatory in effect.

E) C) and D)
F) A) and B)

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Question 62

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A business necessity is a defense against employment discrimination based on the genuine requirements of a business.

A) True
B) False

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Question 63

Multiple Choice

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Finance Accountants, P.A., is a private employer. In most circumstances, federal law generally prohibits Finance from subjecting its employees to

Frank is an employee of Guitar Makers LLC. Guitar's employee manual states that workers, such as Frank, will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is

Title VII of the Civil Rights Act prohibits job discrimination on the basis of income.

Luke takes temporary family leave from his job at Metal Works Corporation to arrange for child care and deal with financial and legal matters when Nancy, his spouse, a U.S. Marine on active duty, is deployed overseas. On Luke's return from the leave, Metal Works must

Pipeline Corporation requires its employees to have a high school diploma. In a suit against Pipeline under the Civil Rights Act, the employer shows a connection between a high school education and job performance. Most likely, this is

Many states have their own laws that protect employees against discrimination, but none provide more protection to employees than federal laws.

Federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of

An employee must complete Form I-9, Employment Eligibility Verification, within three days of the commencement of employment.

Under the Uniformed Services Employment and Reemployment Rights Act, any person who has served in the military is entitled to more favorable treatment in the workplace than a co-worker who has not served.

Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act. If Cady shows that Durable Goods acted with malice or reckless indifference, she may recover

Employers who provide health insurance to their employees must ensure that the employees' health information is not disclosed to unauthorized parties.

The Americans with Disabilities Act applies to workplaces with at least

Gobi is an employee of Haz-Mat, Inc. He refuses a transfer to a Haz-Mat department in which several employees suffered serious injuries from exposure to hazardous materials. Under the Occupational Safety and Health Act, Gobi may be

Games Inc. employs four hundred workers at three locations in three states. Workers who lose their jobs with Games have a right to continued health-care coverage under the company's group plan unless they

To pay for social insurance programs administered by the Social Security Administration, employers, employees, and the unemployed must contribute.

Investment Corporation wants to monitor business communications on phones that the employer provides to the employees. The employer's best course of action to avoid liability under laws related to employee monitoring is to inform

Affirmative action programs are often found to be unconstitutional because they deprive members of protected classes of equal protection.

Riverside Resort replaces Sharon, a forty-five-year-old employee, with Terry. Sharon files a suit against the employer under the Age Discrimination in Employment Act. To establish a prima facie case, she must show, among other things, that she is