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1. Which of the following is not a test that determines if an employee is an
independent contractor?
The economic realities test
The right to work state law index
The common law agency test
The IRS 20-factor analysis - Correct Answer: The right to work state law index
2. Plaintiffs may allege that the supposed legitimate reason for adverse
employment action is merely a __________ or cover-up for discrimination.
Reasonable reason
Failure
Pretext
Discrimination in disguise - Correct Answer: Pretext
3. A monetary amount necessary to replace what the claimant lost, including
money, pain, and other non-monetary losses is known as:
,Punitive damages
Front pay
Compensatory damages
Injunction relief - Correct Answer: Compensatory Damages
4. The PDA prohibits employment discrimination on the basis of:
Pregnancy
Childbirth
Pregnancy-related medical conditions
All of the above - Correct Answer: All of the Above
5. Under FMLA provisions, what is considered a qualifying event to receive leave
time?
Birth
Adoption
Serious health condition
All of the above - Correct Answer: All of the Above
6. What protects men and women who perform substantially equal work in the
same establishment from sex-based wage discrimination?
ADEA
ADA
EPA
,ADAA - Correct Answer: EPA
7. Agency is a _________________ between a principal and an agent whereby the
principal, expressly or implicitly, authorizes the agent to work on his or her behalf
and with the power to bind the principal.
Freedom of choice
Loosely coupled relationship
Contract relationship
General understanding - Correct Answer: Contract Relationship
8. The ADEA applies to public and private employers and unions with more than
__________ employees.
30
20
15
50 - Correct Answer: 20
9. Sexual harassment is harassment directed at an employee because of his or her:
Sexual orientation
Looks
Actions
Gender - Correct Answer: Gender
10. The number of age discrimination claims in general have:
, Increased
Stayed stagnant
Dropped drastically in the past decade
Decreased - Correct Answer: Increased
11. In age discrimination cases, it is important to note that a favored younger
employee may be over 40 years old. The key is that the favored employee must be
______________ than the complaining employee, not that the favored employee
is outside the protected class.
Substantially younger
Under 30 years old and younger
A different gender
Younger - Correct Answer: Substantially Younger
12. What is the purpose of ADEA waivers?
In exchange for job security, the employee agrees to not join any of the local
unions
It prevents employees from leaving the organization for early retirement
purposes
It does not allow an employee to be hired unless he/she promises to never file
against the employer with the ADEA
In exchange for retirement incentives, the employee agrees to not make a claim
against the employer under the ADEA - Correct Answer: In exchange for
retirement incentives, the employee agrees to not make a claim against the
employer under the ADEA