TRUE/FALSE

1. In some states an employee handbook may form a part of an implied employment contract:

2. Wrongful discharge, based on an alleged employer violation of a clear mandate of public policy, is essentially a tort, rather than a breach of contract claim:

3. The discriminatory effect of apparently neutral employment criteria is disparate impact:

4. Remedial affirmative action designed to remedy the effects of past illegal discrimination has not been endorsed by the courts:

5. Comparable worth is the same as equal pay for equal work:

6. An employer is never liable for acts of non-employees with respect to sexual harassment:

7. Claims of disparate treatment involve allegations of intentional discrimination in employment:

8. An employer is required to provide reasonable accommodations for a worker with a disability:

9. The ADA prohibits drug testing by employers:

10. Preferential treatment based on race is subject to strict scrutiny:

11. States do not have their own equal employment laws:

12. Research is one of the goals of OSHA:

13. The FLSA preempts the states from regulating minimum wages and overtime premiums:

14. Worker's Compensation programs are primarily legislated at the state level:

15. In most states, unemployment compensation is available to unemployed workers regardless of why they were fired:

16. Yellow dog contracts are employment contracts requiring employees to agree to join a union:

17. Independent contractors are exempted from coverage under the National Labor Relations Act:

18. An unfair labor practice strike is a strike by employees in protest of an employer's economic practices:

19. Featherbedding is the practice of getting paid for services not performed:

20. An impasse is a breakthrough in the negotiation process:

FILL IN THE BLANK

1. Name two of the exceptions to the doctrine of at-will employment recognized in at least some jurisdictions:____and ____.

2. Name a possible defense to a claim of defamation: ____.

3. The ____ is the appropriate method for calculating the total number of employees for purposes of Title VII jurisdiction.

4. The ____ rule is a way of offering statistical evidence to show that the practices of the employer have caused the exclusion of applicants for jobs or promotions because of their membership in a protected group.

5. Name two employer justifications for pay differentials for similarly situated employees: ____ and ____.

6. Title VII is administered and enforced by ____.

7. An employer is not required to make accommodations for an employee if those accommodations would impose ____.

8. Programs which involve giving preferences in hiring or promotion to qualified female or minority employees are called ____.

9. Name the term for someone who, in the interest of the employer, has the authority to direct, hire, fire, discipline, transfer, or suspend other employees: ____.

10. The conditions under which the National Labor Relations Board conducts elections are known as ____.

SHORT ANSWER

1. List some examples of what may be considered as "trade secrets":

2. Describe the "bottom line" defense:

3. Describe what is meant by "gender plus" discrimination:

4. What is a "prima facie" case:

5. What are the three types of OSHA Standards:

6. Explain what is meant by the "right to refuse" work in an OSHA context:

7. Define compensatory time:

8. Name three legal theories that protected employers from liability for worker's injuries prior to the enactment of worker's compensation laws:

9. Name three reasons why an unemployed worker would be denied unemployment benefits:

10. Name three organizations that have played a role in labor history in the United States:

11. Name three laws that proceeded, and related to, the National Labor Relations Act of 1935:

12. Describe what an injunction is:

13. Define what confidential employees are, and what they are excluded from in terms of coverage and protection:

14. Describe what a "Gissel" Packing Bargaining Order remedy is:

15. What are Weingarten Rights:

16. List three unfair labor practices by an employer as described in Section 8 of the National Labor Relations Act:

17. Define the WARN Act:

18. What are permissive bargaining subjects:

19. List three pressure tactics employed by Unions:

20. Define what a "Hot Cargo" clause is: