Unit 2

Question 1

The Family and Medical Leave Act requires certain employers to provide eligible employees with family or medical leave for which of the following reasons:

Answer 1

to care for a newly adopted child.

Question 2

GoodGro Inc. makes genetically modified seeds that are identical to Harvest Corporation’s patented seeds, without Harvest’s permission. This is most likely

Answer 2

Patent infringement.

Question 3

Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but fails the company’s employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is

Answer 3

Disparate-impact discrimination.

Question 4

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

Answer 4

A limited amount of compensatory and punitive damages.

Question 5

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

Answer 5

Tts employees.

Question 6

Devon takes temporary family leave from her job at Equipment Sales Company to care for a newborn baby. With respect to Devon’s health-care coverage, during the leave, under the Family and Medical Leave Act, Equipment

Answer 6

must continue it.

Question 7

Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely

Answer 7

A constructive discharge.

Question 8

Aircraft Corporation employs mechanics, programmers, outside salespersons, and professionals, including pilots. Employees exempt from the Fair Labor Standards Act’s overtime provisions include all of the following except

Answer 8

Mechanics

Question 9

Beryl owns Campus Apartment House. His ownership rights include the right to sell or give away the property without restriction, as well as to use the property for whatever purpose he sees fit. His ownership interest is

Answer 9

A fee simple absolute.

Question 10

Elin is thirteen years old. Under the Fair Labor Standards Act, she cannot

Answer 10

Work in a hazardous occupation.

Question 11

Federal overtime provisions apply only after a covered employee works more than

Answer 11

Forty hours in a week.

Question 12

Interstate Commodities Inc. keeps a file of I-9 verifications forms, which are required by the Immigration Reform and Control Act. To monitor compliance with the act, random audits and enforcement actions are conducted by

Answer 12

The United Nations.

Question 13

Bib replaces Chloe in her job at Data Sales Corporation. To succeed with an age-discrimination claim against Data, Chloe will have to show that

Answer 13

Chloe is qualified for the job.

Question 14

Jon, a paraplegic, applies for a broadcaster’s job with a radio station. The manager says, “You meet all our requirements. But we need someone who can move around the studio without accommodation.” Most likely, Jon could recover from the station under

Answer 14

The Americans with Disabilities Act.

Question 15

Resort Company 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

Answer 15

Qualified for the position.

Question 16

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

Answer 16

The practice in question was justified.

Question 17

In order to have a union election the Food Workers Union, formed from employees of the Frozen Food Company, must show that _____ of the total workers support the formation of a union.

Answer 17

Thirty percent

Question 18

To be protected under the Copyright Act, a work must be

Answer 18

Original and fixed in a durable medium.

Question 19

Health Clinic Inc. has no written employment manual or oral discharge policy, it avoids abusive treatment of its staff, and acts to prevent illegal and unsafe activities. The clinic freely hires and fires its employees, who are similarly free to quit at any time. With respect to the employment-at-will doctrine, this is

Answer 19

Exemplary of the doctrine

Question 20

Pseudo Drugs Inc. is convicted of trafficking in counterfeit prescription drugs. As a penalty, the company may be ordered to pay restitution to the trademark holders in an amount equal to

Answer 20

Their actual lost profits.

Question 21

_____ are considered to have a disability under the Americans with Disability Act (ADA).

Answer 21

Former drug addicts

Question 22

A ________ is essentially a trademark that is used to distinguish the services (rather than the products) of one person or company from those of another.

Answer 22

Service mark

Question 23

Dona, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on

Answer 23

Age

Question 24

Emily, an employee of Farm Supplies Inc., files a suit against her employer, alleging sexual harassment by her supervisor Gowan. The employer may be liable if it had effective harassment policies and complaint procedures that were followed by

Answer 24

Emily

Question 25

Baristas Union petitions the National Labor Relations Board for an election on organizing a union among the employees of the Coffee Café Company. For an election to be held, the union must represent

Answer 25

Employees whose skills, duties, and pay are similar.

Question 26

Mines, Inc., installs an industrial-quality wastewater system bolted to a concrete foundation on its property and connected to an underground aquifer. A court is most likely to consider the system a fixture because

Answer 26

The system is attached to Mines’s property, and it is integral to its operations.

Question 27

Qin applies for a job at Rocket Science Inc. He passes a test to determine which applicants are eligible for hiring, but Rocket discards the results, and Qin is rejected. To support a claim for discrimination against the employer under Title VII of the Civil Rights Act, Qin must be a member of

Answer 27

A protected class.

Question 28

For an employer to be held liable for a supervisor’s sexual harassment, the supervisor normally must have taken _____ against the employee.

Answer 28

Tangible employment action

Question 29

Good faith in collective bargaining between a union and an employer includes:

Answer 29

Being willing to compromise.

Question 30

The Americans with Disabilities Act applies to workplaces with at least:

Answer 30

Fifteen workers.

Question 31

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

Answer 31

Entitled to protection from discharge.

Question 32

Brick & Mortar, Inc., signs a lease for a storefront owned by Commercial Properties, Inc. The lease does not specify how long it is to last but does specify that rent is to be paid at certain intervals. This is

Answer 32

A periodic tenancy.

Question 33

Food Market Company employs workers, including Gina, at six locations in two states. Food Market’s discharge of Gina outside the terms of an implied employment contract may result in

Answer 33

The employer’s liability for breach of contract.

Question 34

Compliance with Title VII of the Civil Rights Act is monitored by

Answer 34

The Equal Employment Opportunity Commission.

Question 35

Analytic Data, Inc., wants to hire Benazir, a noncitizen. A work visa is most likely to be set aside for a noncitizen if

Answer 35

There is a shortage of qualified U.S. workers capable of doing the work.

Question 36

Fitness Club employs only female staff to assist its female-only members in the club. Greg, a forty-one-year-old male, applies for a staff job, but is not hired. In his suit against the club under the Civil Rights Act, the club most likely has

Answer 36

A bona fide occupational qualification defense.

Question 37

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

Answer 37

Lie-detector tests.

Question 38

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

Answer 38

Restore him to his same position or a comparable position.

Question 39

Ruby invents a new type of pillow and obtains a patent for it. Sleep-Time Inc. believes that Ruby’s pillow infringes on one of Sleep-Time’s previously patented products. Sleep-Time must file a challenge to Ruby’s patent within:

Answer 39

Nine months.