Unit 2 Flashcards
The Family and Medical Leave Act requires certain employers to provide eligible employees with family or medical leave for which of the following reasons:
to care for a newly adopted child.
GoodGro Inc. makes genetically modified seeds that are identical to Harvest Corporation’s patented seeds, without Harvest’s permission. This is most likely
Patent infringement.
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
Disparate-impact discrimination.
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
A limited amount of compensatory and punitive damages.
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
Tts employees.
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
must continue it.
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
A constructive discharge.
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
Mechanics
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
A fee simple absolute.
Elin is thirteen years old. Under the Fair Labor Standards Act, she cannot
Work in a hazardous occupation.
Federal overtime provisions apply only after a covered employee works more than
Forty hours in a week.
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
The United Nations.
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
Chloe is qualified for the job.
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
The Americans with Disabilities Act.
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
Qualified for the position.
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
The practice in question was justified.
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.
Thirty percent
To be protected under the Copyright Act, a work must be
Original and fixed in a durable medium.
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
Exemplary of the doctrine
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
Their actual lost profits.
_____ are considered to have a disability under the Americans with Disability Act (ADA).
Former drug addicts
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.
Service mark
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
Age
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
Emily
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
Employees whose skills, duties, and pay are similar.
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
The system is attached to Mines’s property, and it is integral to its operations.
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
A protected class.
For an employer to be held liable for a supervisor’s sexual harassment, the supervisor normally must have taken _____ against the employee.
Tangible employment action
Good faith in collective bargaining between a union and an employer includes:
Being willing to compromise.
The Americans with Disabilities Act applies to workplaces with at least:
Fifteen workers.
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
Entitled to protection from discharge.
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
A periodic tenancy.
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
The employer’s liability for breach of contract.
Compliance with Title VII of the Civil Rights Act is monitored by
The Equal Employment Opportunity Commission.
Analytic Data, Inc., wants to hire Benazir, a noncitizen. A work visa is most likely to be set aside for a noncitizen if
There is a shortage of qualified U.S. workers capable of doing the work.
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
A bona fide occupational qualification defense.
Finance Accountants, P.A., is a private employer. In most circumstances, federal law generally prohibits Finance from subjecting its employees to
Lie-detector tests.
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
Restore him to his same position or a comparable position.
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:
Nine months.
