1. Which of the following is least likely to be an issue in determining if an employer has hired an employee or an independent contractor:
Select one:
a. The specialization or skill of the occupation
b. The length of the employment
c. The level of compensation
d. The nature of the worker's tasks
2. Which of the following is defined as a "major life activity" by the Department of Health and Human Services:
Select one:
a. Caring for one's self
b. Performing manual tasks
c. Walking
d. All of the above
3. Which of the following is an amendment to the Civil Rights Act of 1964:
Select one:
a. The Equal Employment Opportunity Act of 1972
b. The Pregnancy Discrimination Act of 1978
c. The Civil Rights Act of 1991
d. All of the above
4. Which of the following is a factor that courts consider during a vicarious liability case when determining whether an act was within the scope of employment:
Select one:
a. Whether the act was of the same general nature as those authorized by the principal.
b. Whether the agent was authorized to be where he was at the time the act occurred
c. Whether the agent was serving the principal's interests at the time of the act
d. All of the above
5. Which of the following could be a union bargaining unit:
Select one:
a. All workers at a company
b. The workers at one plant
c. Workers in certain skills at one or more work sites
d. All of the above
6. Unions are opposed to right-to-work laws because they claim that the laws:
Select one:
a. Prevent the unions from using dues for political action
b. Allow some employees to be free riders because can benefit from the union without having to pay dues
c. Allow some employees to have more influence than others in union decisions
d. Give employers more power over unions
7. Under the Family and Medical Leave Act, employers must continue to provide health benefits for employees on leave.
Select one:
a. True
b. False
8. Under federal law, if a person wishes to file a discrimination charge they must:
Select one:
a. File the charge within 10 days of an alleged discriminatory event
b. File the charge within 18 days of an alleged discriminatory event
c. File the charge within 60 days of an alleged discriminatory event
d. File the charge within 180 days of an alleged discriminatory event
9. To determine if there is a hostile environment in a sexual harassment case courts look at:
Select one:
a. How often the conduct in question occurred
b. Whether the alleged harassment was by a supervisor or a co-worker
c. Whether more than one person was involved
d. All of the above
10. The principal's duty to reimburse does not cover expenses:
Select one:
a. Incurred during business hours
b. Incurred due to the agent's misconduct or negligence
c. Incurred by the agent while conducting business for the principal
d. Incurred while traveling to do business for the principal
11. Sex, religion and national origin, but not race, can be a:
Select one:
a. Bona fide occupation qualification
b. Reason for a discrimination claim
c. Reason to fire an employee
d. Defense to a discrimination claim
12. Quid pro quo sexual harassment occurs when:
Select one:
a. There are sexually explicit pictures displayed in the workplace
b. One employee touches another in an offensive way
c. An employer uses crude or demeaning language in private
d. There is a promise of a reward, such as a pay raise, for providing sexual favors
13. It is likely that a company has the right to test prospective employees for drug use in a pre-employment screening.
Select one:
a. True
b. False
14. In Guz v. Bechtel National, Guz was fired by Bechtel after 22 years of service. The company eliminated his position despite his good performance and no financial problems in the company. The California high court held that Guz could:
Select one:
a. Sue on the basis of breach of an implied contract to be terminated only for good cause
b. Sue for breach of the implied covenant of good faith and fair dealing
c. Sue for managerial negligence
d. Not sue due to employment at will