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    MGT 434 FINAL EXAM 2016

    1. An employment relationship where there is no contractual obligation to remain in the relationship either party may terminate the relationship at any time is:

    Contractor;

    De Facto Employment;

    At-Will Employment;

    None of the Above.

    2. A test used to determine employee status which considers the right or ability to control the work:

    The Economic Factors Analysis

    The FLSA test

    The common law agency test

    The OSHA test

    3. Which of the following employees are covered by Title VII of the Civil Rights Act of 1964:

    Employees of employers not engaged in interstate commerce

    Non-US citizens employed outside the United States

    Employees of employers who have 15 or more employees

    Employees of religious institutions.

    4. Different types of laws include:

    Statutory Laws;

    Common Law;

    Administrative Law;

    All of the Above.

    5. If an employee is given no reasonable alternative but to terminate the employment relationship, it’s referred to as a:

    De Facto Discharge;

    Constructive Discharge;

    Voluntary Termination;

    None of the above.

    6. The Civil Rights Act of 1991 added _________ to Title VII of the Civil Rights Act of 1964:

    Judicial Review

    EEOC

    Anti retaliation provisions

    Jury trials

    7. __________discrimination is not protected under Title VII:

    Race

    Religion

    Age

    Gender

    8. If a case is filed with the Equal Opportunity Employment Commission (EEOC), the parties may be involved in a:

    Mediation;

    Conciliation;

    Investigation;

    All of the above.

    9. The imposition of liability on one party for the wrongs of another:

    Vicarious Liability;

    Ratification;

    Implied Covenant of Good Faith and Fair Dealing;

    None of the above.

    10. Which of the following is a judicial requirement for an affirmative action plan?

    It is inflexible and immediate in its approach.

    It is used to address a conspicuous imbalance in traditionally segregated job categories

    It is a permanent plan.

    It is used to maintain status quo

    11. Under the Privacy Act of 1974

    An employee can seek both civil and criminal remedies for violations of the act by private sector employers

    An employee can seek both civil and criminal remedies for violation of the act by private sector employers and government sector employer

    An employee can seek both civil and criminal remedies for violations of the act by government sector employers

    An employee is barred from criminal remedies unless he can demonstrate interference with the orderly functioning of the government

    12. One way to prove a Title VII case of discrimination is:

    To show an employment practice while neutral on its face has a disparate impact on a protected class;

    To show an employment practice is negligent;

    To show an employment practice is illegal;

    None of the above

    13. Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate on the basis of an employee’s:

    Race;

    Color;

    Sex;

    All of the above

    14. Which of the following laws relates to labor unions?

    National Labor Relations Law

    Taft-Hartley Act

    Landrum-Griffin Act

    All of the above

    15. A variety of procedures for the resolution of disputes which are alternative to court adjudication are called:

    full jury trial;

    alternative mediation procedure;

    alternative dispute resolution;

    alternative conciliation procedure.

    16. The Fair Labor Standards Act provides rules that apply to:

    wrongful discharge;

    discrimination;

    overtime law;

    none of the above.

    17. Title VII applies to:

    employers;

    union;

    joint labor and management committees;

    all of the above.

     18. Which of the following is a defense to a claim of age discrimination?

    Age is a BFOQ;

    The claimant is 41 years old;

    Younger employees have traditionally performed better in the position

    The employer is not a governmental agency.

    19. This law requires an employer to provide a safe workplace

    FMLA;

    FLSA;

    ERISA;

    OSHA

    20. Title VII prohibits discrimination on the basis of affinity orientation:

    True

    False

    21. Under the Americans with Disability Act (ADA), employers are required to provide

    employees with all requested accommodations.

    True;

    False

    22. A Catholic Church would not be found liable in a Title VII action if the Church only hired teachers for Sunday school who practiced Catholicism?

    True;

    False

    23. Affirmative action requires that an employer establish and implement a quota system?

    True;

    False

    24. A Bona Fide Occupational Qualification (BFOQ) would be a legitimate defense to a discrimination claim based on an employee’s race?

    True;

    False

    25. If an employer acts reasonably to accommodate a religious conflict, then it has not violated Title VII.

    True;

    False

    26. In a disparate treatment case, the employer would be liable of intentionally discriminating against the employee.

    True;

    False

    27. For an eligibility test to be legally validated as an effective gauge of performance, an employer must show that the test is job-related and consistent with business necessity.

    True

    False

    28. An independent contractor can sue under Title VII:

    True;

    False

    29. If an employee sues under Title VII, they first need to file a complaint in Federal Court.

    True;

    False

    30. In a disparate impact case, an employer can raise the defense that the challenged policy is a business necessity.

    True;

    False

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