Ch29 Employee's Rights

Question 0

It only applies to Congress in terms of U.S. government.

Answer 0

Civil Rights Act of 1964

Question 1

The act applies to employers who have fifteen or more employees who affect interstate commerce, or labor unions with fifteen or more members.

Answer 1

Civil Rights Act of 1964

Question 3

The act makes it unlawful employment practice for an employer to fail to hire, discharge, or discriminate because of the individual’s race, color, religion, sex, or national origin.

Answer 3

Civil Rights Act of 1964

Question 4

Discrimination is claimed on either of two theories: disparate treatment/impact.

Answer 4

Civil Rights Act of 1964

Question 5

Intentional discrimination against a particular individual.

Answer 5

Disparate treatment

Question 6

The plaintiff must show: 1. They belong to one of the protected classes, and 2. They were qualified for the job or performed their job well.

Answer 6

Disparate treatment

Question 7

The plaintiff must show: 3. They suffered an adverse employment action, AND 4. A person not in the protected class got the job or did not suffer the adverse action.

Answer 7

Disparate treatment

Question 8

Fair policy disproportionately affecting protected class.

Answer 8

Disparate treatment

Question 9

Employee must show an action taken by the employer which appears fair, negatively and disproportionately affected a protected class of employers.

Answer 9

Disparate treatment

Question 10

Title VII protects an employee on the basis of sex against an employer who engages in or allows unwelcome sexual advances, creating a hostile work environment.

Answer 10

Sexual harassment

Question 11

An alleged victim of sexual harassment must show the environment was one which an objectively reasonable person would find abusive.

Answer 11

Sexual harassment

Question 12

Additionally, the victim must show the environment was abusive.

Answer 12

Sexual harassment

Question 13

If these two requirements are met, the environment alone is actionable.

Answer 13

Sexual harassment

Question 14

Act requires employers pay men and women equally for equal work.

Answer 14

Equal Pay Act

Question 15

To be equal work, the jobs must be performed under similar working conditions and require equivalent skill, effort, responsibility.

Answer 15

Equal Pay Act

Question 16

Equal Pay Act: An employer is not required to pay equally if the basis of payments are:

Answer 16

A seniority system

Question 17

Equal Pay Act: An employer is not required to pay equally if the basis of payments are:

Answer 17

A merit system

Question 18

Equal Pay Act: An employer is not required to pay equally if the basis of payments are:

Answer 18

Quantity or quality production

Question 19

Equal Pay Act: An employer is not required to pay equally if the basis of payments are:

Answer 19

A differential resulting from any factor other than sex.

Question 20

This statute prohibits arbitrary age discrimination by employment agencies, employers, or labor unions against people aged forty and above.

Answer 20

Age Discrimination in Employment Act

Question 21

This does not prohibit consideration of age when employing, but discrimination

Answer 21

Age Discrimination in Employment Act

Question 22

Prohibits discrimination against qualified individuals with disabilities.

Answer 22

Americans with Disabilities Act

Question 23

Americans with Disabilities Act: A physical or mental impairment.

Answer 23

A disability requires two elements

Question 24

Americans with Disabilities Act: A substantial limitation of one or more major life activities.

Answer 24

A disability requires two elements

Question 25

Lie detector test

Answer 25

Polygraph Testing

Question 26

Used to determine whether certain employees had violated workplace rules and to screen applicants for employment.

Answer 26

Polygraph Testing

Question 27

Employer may not use test results as the basis of the employment decision adverse to an employee who took such a test.

Answer 27

Polygraph Testing

Question 28

The employer is investigating a specific incident of economic loss, such as theft or industrial espionage or sabotage.

Answer 28

Private employers may not use polygraph tests unless

Question 29

The employer provides security services.

Answer 29

Private employers may not use polygraph tests unless

Question 30

The employer manufactures, distributes, or dispenses drugs.

Answer 30

Private employers may not use polygraph tests unless

Question 31

Courts have determined a blood test to be a search and seizure, a direct violation of the fourth amendment.

Answer 31

AIDS Testing

Question 32

To determine whether a search is reasonable, the courts will weigh the intrusion of the procedure with the interests said to justify the intrusion.

Answer 32

AIDS Testing

Question 33

The U.S. Supreme Court has recognized three government interests which justify random drug testing.

Answer 33

Drug Testing

Question 34

Maintaining the integrity of employees in their essential mission

Answer 34

Government interests of random drug testing

Question 35

Promoting public safety

Answer 35

Government interests of random drug testing

Question 36

Protecting sensitive information

Answer 36

Government interests of random drug testing

Question 37

Employers are free to terminate at-will employees who refuse drug tests.

Answer 37

Drug Testing

Question 38

Employers might require it of employees for to make employment decisions to exclude people with a genetic “defect”–a greater risk for certain diseases.

Answer 38

DNA Testing

Question 39

Employers might require it of employees for identification purposes.

Answer 39

DNA Testing

Question 40

Employers should ascertain their legal rights before using DNA tests in making hiring, promotion, or salary decisions.

Answer 40

DNA Testing

Question 41

Courts have upheld the legality of requiring DNA samples from criminals.

Answer 41

DNA Testing

Question 42

This law allows an employee to take an unpaid leave up to twelve workweeks in a twelve-month period Because of the birth, adoption, or foster care of the employee’s child.

Answer 42

Family and Medical Leave

Question 43

This law allows an employee to take an unpaid leave up to twelve workweeks in a twelve-month period to care for the employee’s spouse, child, or parent with a serious health condition.

Answer 43

Family and Medical Leave

Question 44

This law allows an employee to take an unpaid leave up to twelve workweeks in a twelve-month period because of a serious health condition that makes the employee unable to perform the job.

Answer 44

Family and Medical Leave

Question 45

This law allows an employee to take an unpaid leave up to twelve workweeks in a twelve-month period because of an emergency from an employee’s spouse, child, or parent who is a military member on active duty.

Answer 45

Family and Medical Leave

Question 46

An employee may also take up to 26 weeks of a leave in a twelve-month period to care for certain service members with a serious injury or illness.

Answer 46

Family and Medical Leave

Question 47

A business which employs 100 or more employees must give a sixty days’ written notice of plant closing resulting in an “employment loss” for fifty or more employees.

Answer 47

Plant Closing Notification

Question 48

Notice must also be given for a mass layoff which occurs during a thirty-day period for thirty-three percent of the full-time employees.

Answer 48

Plant Closing Notification

Question 49

Notice must also be given for a mass layoff which occurs during a thirty-day period for at least 500 full-time employees

Answer 49

Plant Closing Notification

Question 50

The right of employees to be protected from secondhand smoking is protected by state laws and restrictions for the workplace.

Answer 50

Smoking

Question 51

Other Sources of Rights: Many other rights available to employers and employees under federal statute, including:

Answer 51

Rehabilitation Act

Question 52

Other Sources of Rights: Many other rights available to employers and employees under federal statute, including:

Answer 52

Pregnancy Discrimination Act

Question 53

Crossword Question: This also prohibits ____________ due to pregnancy, childbirth, or related conditions.

Answer 53

Discrimination

Question 54

Crossword Question: This Act requires that employers pay men and women equally for equal work.

Answer 54

Equal Pay Act

Question 55

Crossword Question: This testing is used and courts have upheld this use of testing for employees in order to promote safety.

Answer 55

Drug

Question 56

Crossword Question: This happens only when a protected class is sexually harassed and that alters the terms or conditions of employment, creating an abusive work environment.

Answer 56

Hostile Work Environment

Question 57

Crossword Question: This Act protects people aged forty and over from being targeted to be fired or failing to hire based solely on their age...

Answer 57

Age Discrimination

Question 58

Crossword Question: FMLA only applies to employers who have over this many employees for twenty weeks during the year.

Answer 58

Fifty

Question 59

Crossword Question: Women are in this.

Answer 59

Protected Class

Question 60

Crossword Question: A person who has a history of an impairment that limits a major life activity...is eligible for the benefits of _____.

Answer 60

ADA

Question 61

Crossword Question: This is the intentional discrimination against a particular individual.

Answer 61

Disparate Treatment

Question 62

Crossword Question: This agency hears complaints alleging violations of Title VII and other laws.

Answer 62

EEOC

Question 63

Crossword Question: These laws protect employees from discrimination on a number of grounds like the Equal Pay Act.

Answer 63

Federal

Question 64

Crossword Question: This testing can only be used for two reasons; one of which is for identification purposes.

Answer 64

DNA

Question 65

Crossword Question: The use of this testing is prohibited with private employers unless specific criteria is met.

Answer 65

Polygraph

Question 66

Crossword Question: This law allows an employee to take unpaid leave of up to twelve work weeks in a 12 month period for several stated reasons.

Answer 66

FMLA

Question 67

Crossword Question: Plaintiffs make a case by showing direct evidence of discrimination or by showing this many essential elements.

Answer 67

Four

Question 68

Cengage Learning: Fair policy Disproportionately affecting protected class

Answer 68

Disparate Impact

Question 69

Cengage Learning: Intentional discrimination against a particular individual

Answer 69

Disparate Treatment

Question 70

Cengage Learning: Alteration of terms or conditions of employment by harassment

Answer 70

Hostile Work Environment

Question 71

Cengage Learning: Lie detector

Answer 71

Polygraph

Question 72

Cengage Learning: Group protected by antidiscrimination laws

Answer 72

Protected Class

Question 73

1. All federal laws apply to all employees.

Answer 73

False

Question 74

2. Title 18 of the Civil Rights Act of 1948 applies to employers and labor unions.

Answer 74

False

Question 75

3. In a discrimination case, a short person could recover if she was discriminated against because of her height while interviewing for a department store sales clerk position.

Answer 75

False

Question 76

4. Title VII provides protection from unwelcome sexual advances that create a hostile work environment.

Answer 76

True

Question 77

5. For safety reasons, the courts have allowed companies to perform random drug testing.

Answer 77

True

Question 78

6. The Equal Pay Act prohibits employers from discriminating on the basis of sex by paying female employees at a rate less than the rate at which male employees are paid for equal work.

Answer 78

True

Question 79

7. ADA stands for Americans with Dysfunctional Aptitudes.

Answer 79

False

Question 80

8. Restrictive smoking legislation is uniform around the country.

Answer 80

False

Question 81

9. The ADA requires employers to provide reasonable accommodation for employees who use illegal drugs.

Answer 81

False

Question 82

10. A lie detector device is called a ________.

Answer 82

Polygraph

Question 83

11. The Age Discrimination in Employment Act prohibits arbitrary age discrimination by employment agencies, employers, and labor unions against persons aged ________ or above.

Answer 83

40

Question 84

12. What would not be considered a major life activity for ADA purposes?

Answer 84

Swimming

Question 85

13. The Family and Medical Leave Act does not allow an employee to take an unpaid leave of absence for:

Answer 85

a child's state soccer tournament.

Question 86

14. Select the correct answer

Answer 86

Employer is a government agency that makes nuclear weapons. In this case, Employer may require employees who make the weapons to take reasonable drug tests.