True/False

Indicate whether the sentence or statement is true or false.

 

____    1.   Only the federal government sets safety standards governing workplaces.

 

____    2.   A closed shop is a firm that rejects union membership as a condition of employment.

 

____    3.   All personnel functions are interrelated

 

____    4.   The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of education.

 

____    5.   Whistleblower statutes protect employees who disclose their employers’ wrongdoing.

 

____    6.   . The term human resources management implies that workers are all similar rather than unique

 

____    7.   Contracts limiting employees’ rights to join unions are unlawful.

 

____    8.   Scientific management is closely associated with the research at the Hawthorne Plant of Western Electric Company.

 

____    9.   All unemployed workers are eligible for unemployment compensation.

 

____  10.   A victim of alleged discrimination must bring a suit against an employer before filing a claim with the Equal Employment Opportunity Commission.

 

____  11.   Under current law, an employer cannot adopt an affirmative action plan.

 

____  12.   There are no exceptions to the employment-at-will doctrine.

 

____  13.   An employer may treat a female employee affected by pregnancy in the same manner as any temporarily disabled employee.

 

____  14.   The collective bargaining process refers to those events that establish a formal agreement between workers and management in a unionized environment

 

____  15.   Firing a worker who refuses to perform an illegal act violates public policy.

 

____  16.   Under the Americans with Disabilities Act of 1990, disabled employees are entitled to “reasonable accommodation.”

 

____  17.   The Americans with Disabilities Act of 1990 defines disabled persons as persons impaired mentally or physically “in any way.”

 

 

 

 

 

 

Multiple Choice

Identify the letter of the choice that best completes the statement or answers the question.

 

____  18.   A remedial concept that requests employers and labor unions to take positive steps to improve the work opportunities of women, racial and ethnic minorities, persons with disabilities, and Vietnam veterans who have been deprived of job opportunities is

 

a.	reverse discrimination.	d.	race norming.
b.	voluntary affirmative action.	e.	adverse action.
c.	mandatory affirmative action.

 

 

____  19.   Lyle and Mary are employees of Northwest Enterprises, Inc (NEI). When Owen, the president of NEI, learns that Lyle and Mary are active in union activities, he discharges them. The employees may bring an action against NEI under

a.	the Fair Labor Standards Act.
b.	the Labor-Management Relations Act.
c.	the National Labor Relations Act.
d.	none of the above.

 

 

____  20.   Carol, a waitress at Diners Coffee Shop, notices that the kitchen staff is not wearing protective gloves while preparing food, a violation of state law. Carol reports this to her manager, but no steps are taken. Carol then tells Ethel, who works for Free Press, a local newspaper. Free Press runs a story on the violations. Business at Diners drops 65 percent. Can Diners fire Carol for these actions?

 

a.	In this situation, yes. Most states and the federal government protect employees such as Carol who “blow the whistle” on the wrongdoing of their employers through whistle blowing statutes; however, Carol only reported to a manager and did not attempt to tell an officer so firing Carol is permissible in this situation.	c.	Generally, no. Most states and the federal government protect employees such as Carol who “blow the whistle” on the wrongdoing of their employers through whistle blowing statutes. In some instances, these statutes encourage whistle blowing by offering a monetary reward if the employee’s charges lead to a successful government lawsuit.
b.	Yes, because Carol directly caused business to drop more than twenty percent	d.	No, because Carol did not directly cause business to drop more than seventy-five percent

 

 

____  21.   United Company replaces Vera, a forty-five-year-old employee, with Wendy. Vera files a suit against United under the Age Discrimination in Employment Act. To establish a prima facie case, Vera must show, among other things, that she is

a.	deserving of higher pay than Wendy.
b.	generally more dependable than Wendy.
c.	older than Wendy.
d.	qualified for the position.

 

 

____  22.   Lee is seventy years old and Mira is gay. Based on this information, members of protected classes include

a.	Lee and Mira.
b.	Lee only.
c.	Mira only.
d.	neither Lee nor Mira.

 

 

____  23.   Standard Corporation’s employment manual states that workers will be dismissed only for good cause. Tom, an employee, is dismissed because his supervisor does not like his hat. If Tom sues the firm, a court could hold

a.	only that there is an implied contract on the terms in the manual.
b.	only that the supervisor was within his or her rights to discharge Tom.
c.	that there is an implied contract on the terms in the manual or that the supervisor was within his or her rights to discharge Tom.
d.	none of the above.

 

 

____  24.   Aero Corporation requires its pilots to have 20/20 vision without glasses. Neither Beth, an African-American female, nor Clyde, a fifty-year-old male, can satisfy this requirement. Relief under the Americans with Disabilities Act is

a.	available to Beth and Clyde.
b.	available to Beth only.
c.	available to Clyde only.
d.	not available to Beth or Clyde.

 

 

____  25.   Voluntary affirmative action:

 

a.	allows employers to fire employees at will.	c.	encourages employers to take positive steps to improve work opportunities for individuals covered by federal discrimination legislation.
b.	bars most mandatory affirmative action programs.	d.	none of these.

 

 

____  26.   Susan is the president of United Food Corporation, a wholesale grocery company. An inspection by Tim, a government agent, uncovers unsanitary conditions caused by Val, a United employee, in the United warehouse. Will, a United vice president, assures Tim that the situation will be corrected, but a later inspection reveals no such corrections. Susan knows nothing about any of this. Can Susan be held personally liable?

 

a.	Yes, if she has the authority and the responsibility to deal with the situation, she can be held personally liable	c.	Yes, under The Responsible Corporate officer” doctrine
b.	Yes if she knew about the crime or intended it	d.	A and C are correct

 

 

____  27.   Nina works as an employee for Overland Sales, Inc. To protect Nina and other employees from arbitrary discharge, courts have created exceptions to the employment-at-will doctrine based on

a.	an implied contract theory only.
b.	a public policy theory only.
c.	implied contract and public policy theories.
d.	neither implied contract nor public policy theories.

 

 

____  28.   Auto Repair Shop does not take any action to prevent sexual harassment of its employees. Auto Repair may be liable for such harassment by

a.	a customer only.
b.	a customer or an employee.
c.	an employee only.
d.	not a customer or an employee.

 

 

____  29.   Ken works for Local Excavation Corporation (LEC). While operating a backhoe, Ken suffers an injury. Ken will be compensated under state workers’ compensation laws only if

a.	Ken does not have health insurance.
b.	Ken is completely disabled.
c.	Ken’s injury was accidental and occurred on the job or in the course of employment.
d.	Ken successfully sues LEC.

 

 

____  30.   Which act limited the use of court orders against workers and unions during labor disputes and legalized picketing?

 

a.	Clayton Act	d.	Landrum-Griffin Act
b.	Commonwealth Act	e.	Taft-Hartley Act
c.	Wagner Act

 

 

____  31.   Trueco hires Beth away from Falseco by offering to move Beth and her family from New York to California. One month after Beth has been performing services Beth refuses to go back to work unless her “contract” is renegotiated. Trueco files a lawsuit against Beth asking the court to make her show up for work and perform

 

Which of the following is correct with respect to the court?

 

a.	The court can order Beth back to work but only for a reasonable time	c.	The court cannot order Beth back to work even if there is an employment contract time
b.	The court can order Beth back to work but only it the court finds that there is an employment contract time	d.	The court can order Beth back to work for a period of up to one year.

 

 

____  32.   Cody believes that Delta Corporation has discriminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To establish a prima facie case of employment discrimination, Cody must show that

a.	Cody is a member of a protected class.
b.	Delta has no legal defenses against the claim.
c.	discriminatory intent motivated Delta’s act.
d.	other firms in Delta’s industry have committed discriminatory acts.

 

 

____  33.   Tri-State Distribution Corporation has a staff of ten, which will increase to fifty if it obtains a certain contract. Employers are required to keep occupational injury and illness records for each employee if the employers have

a.	eleven or more employees.
b.	twenty-one or more employees.
c.	thirty-one or more employees.
d.	fifty-one or more employees.

 

 

____  34.   Computer Assembly Company (CAC) agrees with its employees’ union not to buy any nonunion-produced component parts from other firms for use in CAC products. This is

a.	a permissible secondary boycott.
b.	a prohibited secondary boycott.
c.	a technically legal secondary boycott.
d.	a unilateral one-party boycott.

 

 

____  35.   Susan is the president of United Food Corporation, a wholesale grocery company. An inspection by Tim, a government agent, uncovers unsanitary conditions caused by Val, a United employee, in the United warehouse. Will, a United vice president, assures Tim that the situation will be corrected, but a later inspection reveals no such corrections. Susan knows nothing about any of this. Can United be convicted of a crime in these circumstances?

 

a.	Yes because a corporation may be held liable for the crime of its employee if 1 the criminal act is within the scope of the employment	c.	Yes if the purpose of the of the statute defining the act as a crime is to impose liability on the corporation
b.	Yes if the crime consists of a failure to perform a specific duty imposed on corporations by law and the crime was authorized by one of the corporation’s “high managerial agents.”	d.	All of the above

 

 

____  36.   Industrial Solvents, Inc., and its employees are subject to federal labor law, which is concerned with the rights of

a.	neither the employees nor the employer.
b.	the employees and the employer.
c.	the employees only.
d.	the employer only.

 

 

____  37.   Aurora Power Company is subject to mandatory workers’ compensation laws in the states in which it does business. Beth and Doug work for Aurora as part of crew that travels to remote locations to repair downed power lines and other damaged equipment. At a distant site, Beth is injured in an accident that is entirely Doug’s fault. Beth files a claim for workers’ compensation. Should the claim be granted?

 

 

a.	Yes	c.	No
b.	Beth’s claim should not be granted.  Under workers’ compensation laws, employers are normally strictly liable without regard to whether or not they are at fault. If the employer is not negligent, he or she is not liable if an employee’s injury arose out of and in the course of employment unless the injury was caused by a coworker. Beth was injured in this fashion and must first sue the coworker.	d.	Beth’s claim should probably be granted.  Under workers’ compensation laws, employers are strictly liable without regard to whether or not they are at fault. Even if the employer is not negligent, he or she is liable if an employee’s injury arose out of and in the course of employment. “Liability” in this context means that an injured employee is entitled to workers’ compensation benefits for his or her injury.

 

 

____  38.   Alpha Oil Company wants to test its workers for acquired immune deficiency syndrome (AIDS). Alpha may

a.	discharge employees who have AIDS.
b.	discriminate against job applicants who have AIDS.
c.	test its employees for AIDS.
d.	none of the above.

 

 

____  39.   A+ Accounting Corporation, a private employer, handles bookkeeping for small employers. In most circumstances, with exceptions, federal law clearly prohibits Omega from subjecting its employees to

a.	AIDS tests.
b.	electronic monitoring of business communications.
c.	genetic tests.
d.	lie-detector tests.

 

 

____  40.   Racial quotas are:

a.	constitutional but only for about another fifteen years	c.	allowable to correct past “wrongs” with members of a protected class
b.	unconstitutional	d.	unconstitutional unless they clearly reflect the last U.S. Census taken

 

 

Fact Pattern 34-2

Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC’s building, Beth finds it nearly impossible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability.

 

____  41.   Refer to Fact Pattern 34-2. To successfully defend against Beth’s claim, COC will have to show that

a.	Beth consistently failed to meet the essential requirements of her job.
b.	COC cannot make changes to the doors without undue hardship.
c.	Dian is qualified for Beth’s position.
d.	the doors were not installed as an act of intentional discrimination.

 

 

____  42.   Refer to Fact Pattern 34-2. To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that

a.	Beth consistently met the essential requirements of her job.
b.	COC refused to make reasonable accommodation for Beth.
c.	Dian is unqualified for Beth’s position.
d.	the doors were installed as an act of intentional discrimination.

 

 

____  43.   Chip Makers Union would like Digital Products, Inc., to require union membership of its job applicants as a condition to obtaining employment. This is

a.	illegal in all states.
b.	illegal only in states that have right-to-work laws.
c.	legal in all states.
d.	legal only in states that have right-to-work laws.

 

 

____  44.   The type of cost-reduction options that should be considered before resorting to a layoff and how the affected employees are to be selected are issues emerging from

 

a.	mergers.	d.	downsizing
b.	employability.	e.	outsourcing.
c.	social contract.

 

 

____  45.   Trueco hires Beth away from Falseco by offering to move Beth and her family from New York to California. One month after Beth has been performing services Trueco fires Beth. When Beth asks why a Trueco manager said “You are an employee at will we do not need a reason.” Beth replies “You are incorrect, I have an implied contract.”

 

Who is correct, Beth or the Trueco manager?

 

 

a.	Beth is correct	c.	neither Beth or the Trueco manager are correct
b.	The Trueco manager is correct	d.	both Beth and the Trueco manager are partially correct

 

 

____  46.   Alpha Telecommunications Corporation employs seven thousand workers in three states. A third of the employees are member of the National Telecommunications Workers Union. Under the Labor-Management Relations Act, the union can

a.	demand that Alpha be a closed shop.
b.	insist that Alpha hire more employees than necessary.
c.	refuse to bargain with Alpha.
d.	none of the above.

 

 

____  47.   Holly takes temporary leave from her job at Interstate Assembly Company to care for her new baby. When she attempts to return to work, Interstate refuses to reinstate her. Under the Family and Medical Leave Act, Holly may be entitled to

a.	damages only.
b.	damages or job reinstatement only.
c.	double damages, job reinstatement, a promotion, and more.
d.	nothing.

 

 

____  48.   Adam, Beth, Carol, and Dan are employees of different-sized employers in different industries. A minimum wage must be paid to employees in

a.	all industries.
b.	covered industries only.
c.	no industries.
d.	small-business industries only.

 

 

____  49.   Kay is a salesperson for Liberty Financial Corporation. Mac is also a Liberty salesperson. Neil is Kay and Mac’s supervisor. Owen is a Liberty customer. Liberty may be liable for sexual harassment to Kay by

a.	Mac only.
b.	Mac, Neil, or Owen.
c.	Mac or Neil only.
d.	Neil only.

 

 

____  50.   Silicon Software, Inc., recruits employees in India and other Asian countries. The Immigration Act of 1990

a.	encourages Silicon to hire illegal immigrants.
b.	encourages skilled workers to enter the United States.
c.	requires Silicon to hire illegal immigrants.
d.	requires skilled workers to enter the United States.

 

 

____  51.   Which of these is not a feature of the Family and Medical Leave Act of 1993?

 

 

a.	Employers are required to continue health-care coverage during the leave.	d.	Employers can exempt “key” employees.
b.	Workers are to be offered as much as twelve months of unpaid leave after childbirth.	e.	Employers are required to guarantee that employees can return to the same or comparable position.
c.	Employers with 50 or more employees within a 75-mile radius are covered.

 

 

____  52.   The fair and orderly procedures for the airing of problems and complaints without incrimination and fair and orderly procedures for making decisions affecting the lives of employees are called

 

a.	bargaining.	d.	collective activity
b.	grievance	e.	due process.
c.	participation.

 

 

____  53.   Which population, according to the 2000 Census in the U.S., had grown more than 60% over the previous decade?

 

[A] Asian

 

[B] Asian American

 

[C] White, non-Hispanics

 

[D] Hispanic

 

[E] Black, non-Hispanic

 

a.	Asian	d.	Hispanic
b.	Asian American	e.	Black, non-Hispanic
c.	White, non-Hispanics

 

 

____  54.   Over a forty-year period, Ellen worked in a variety of jobs. She was also occasionally unemployed, briefly hospitalized, and suffered a temporary disability. She retired last year. The key federal law on all of these subjects is

a.	the Consolidated Omnibus Budget Reconciliation Act.
b.	the Employee Retirement Income Security Act.
c.	the Federal Insurance Contributions Act.
d.	the Social Security Act.

 

 

____  55.   Ken, who is Hispanic, applies for a job at Local Plant, Inc. Mary, the interviewer, says that Local Plant does not hire Hispanics. This is

a.	impermissible discrimination on the basis of race.
b.	permissible discrimination because it is an honest response.
c.	permissible discrimination because it occurs before employment.
d.	permissible discrimination because “Ken” is not an Hispanic name.

 

 

____  56.   The process that results in the continuous assignment of workers to positions in the organization is:

 

a.	training	d.	staffing
b.	promotion	e.	layoffs
c.	testing

 

 

____  57.   The Hawthorne studies produced “illogical results” when

a.	lighting was reduced and production was decreased.	d.	lighting was reduced and production was increased
b.	lighting changes did not affect pay rates.	e.	] the heat level was increased in the production plant
c.	people did not care what the hiring requirements were

 

 

____  58.   A factor in the external environment that influences organizational outcomes is the

 

a.	organization’s financial resources.	d.	strategic planning process
b.	level of unemployment in the state.	e.	management philosophy
c.	organization’s structure

 

 

____  59.   Kyle works as a forklift operator for Local Warehouse Company. Assuming that Kyle meets other requirements, the maximum number of hours that he can work per week without overtime pay is

a.	thirty-nine.
b.	forty.
c.	forty-one.
d.	Unlimited             60. ____ 80. 60. Of the following, what did Professor Isler put inside the circle?   a. “D” for defendant d. mound of rebound b. The pie sign or “Red Sox Suck” e. NYY c. tuit