BUS 410 FINAL EXAM QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026

BUS 410 FINAL EXAM QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026 U.S. approach to employee participation in strategic decisions - Answers Management has broad flexibility to make strategic business decisions with little required employee input. German approach to employee participation in strategic decisions - Answers German law gives employees a formal role through works councils and two-tiered boards with employee representation. Works council - Answers A worker representative body, common in Germany, that participates in decisions affecting employees, such as layoffs, plant closures, and M&A. Two-tiered board system - Answers A corporate structure with a supervisory board that includes employee representatives and a management board that handles day-to-day operations. Japanese approach to employee participation in strategic decisions - Answers Japanese labor relations emphasize cooperation between labor and management, and union leadership can serve as a path to management. Chinese approach to employee participation in strategic decisions - Answers Independent unions are generally not allowed; unions must operate through the government-approved ACFTU, and the study guide notes there is no right to strike. U.S. approach to dismissal - Answers U.S. law generally treats jobs as non-entitlements, so employers have much more freedom to terminate employees than in many other countries. European approach to dismissal - Answers Many European countries treat jobs more like property interests, with stronger dismissal protections and higher severance obligations. Japanese approach to dismissal - Answers Japanese law may appear to allow dismissal, but courts and social norms strongly discourage firing unless it is reasonable and socially acceptable. Kochi Hoso Broadcasting Co. case - Answers Background: A Japanese radio announcer was fired after being late twice to news broadcasts, even though company rules listed that as cause for dismissal. Decision: The Supreme Court of Japan ordered reinstatement. Rule/Application: Even when an employee technically violates a discharge rule, firing can be invalid if it is significantly unreasonable or abusive under socially accepted views. Assumption of employment arrangements in M&A - Answers In many European countries, a buyer that acquires a business also inherits existing labor arrangements, including collective bargaining agreements. Employment discrimination law outside the U.S. - Answers The U.S. has more developed employment discrimination protections than many countries, while EU and other systems are more limited but expanding. EU antidiscrimination law - Answers The EU has adopted protections against discrimination based on race, ethnic origin, religion, belief, disability, age, sexual orientation, sex, and national origin. Extraterritoriality in U.S. employment discrimination law - Answers Extraterritoriality asks when U.S. employment discrimination laws apply to employment decisions made outside the United States. EEOC v. Arabian American Oil Co. - Answers Background: A U.S. citizen hired in Houston was transferred to Saudi Arabia and sued under Title VII after being discharged. Decision: The Supreme Court held Title VII did not apply abroad because Congress had not clearly stated that it should. Rule/Application: U.S. statutes are presumed not to apply extraterritorially unless Congress clearly says so; Congress later amended Title VII so some protections apply to U.S. citizens working abroad for U.S.-controlled employers. Post-Aramco Title VII rule - Answers After Congress amended Title VII, U.S. employers and U.S.-controlled foreign companies can be liable for discrimination against U.S. citizens working abroad, unless foreign law conflicts. Title VII and ADEA for noncitizens abroad - Answers Title VII and the ADEA do not apply to noncitizens employed outside the United States. Noncitizens functionally working in the U.S. - Answers A noncitizen physically outside the U.S. may still be covered by U.S. employment law if the work relationship is functionally centered in the United States. U.S. employment laws that do not apply abroad - Answers Some U.S. laws have no extraterritorial application, including NLRA, ERISA, OSHA, FMLA, and 42 U.S.C. § 1981. Three defenses to U.S. employment law abroad - Answers The employer can argue the decision was made by a foreign person not controlled by a U.S. employer, that U.S. law conflicts with foreign law, or that a BFOQ applies. Foreign person not controlled by a U.S. employer defense - Answers U.S. employment law may not apply if the challenged decision was made by a foreign entity that is not controlled by an American employer. Control test for foreign subsidiaries - Answers Courts focus especially on who actually made the final employment decision, along with factors like interrelated operations and centralized labor control. Duncan v. AIG - Answers Background: Duncan sued AIG after being terminated by AIC, a Bermudan subsidiary of AIG. Decision: The court ruled for AIG because AIC, not AIG, made the employment decisions. Rule/Application: Title VII and ADA do not apply to foreign employment decisions unless the foreign employer is controlled by an American employer. Foreign compulsion defense - Answers A U.S. employer may avoid liability when complying with U.S. employment law abroad would require violating the host country's law. Mahoney v. Radio Free Europe - Answers Background: American employees in Germany challenged mandatory retirement at age 65 under the ADEA, but the retirement rule came from a German collective bargaining agreement. Decision: The court ruled for the employer. Rule/Application: The foreign laws exception applies when complying with U.S. employment law would violate foreign law or binding foreign labor obligations. BFOQ defense - Answers A bona fide occupational qualification allows discrimination only when a trait such as religion or gender is reasonably necessary to the job. Why BFOQ is weak as a defense - Answers BFOQ is narrow, fact-specific, and not a reliable safe harbor for U.S. employers operating abroad. Antidiscrimination laws outside the United States - Answers Many countries have less developed antidiscrimination laws than the U.S. because they historically had less diversity or different cultural/legal priorities. Religion and national origin discrimination abroad - Answers Some countries still permit or require discrimination based on religion or national origin because of historical, cultural, or legal traditions. Gender discrimination abroad - Answers Gender discrimination law is newer in many countries, but courts and legislatures have increasingly recognized workplace discrimination against women. Hill v. Irish Revenue Commissioners - Answers Background: Two women who had job-shared returned to full-time work and were placed on a lower pay scale. Decision: The ECJ held that the system could violate EU law because 99.2% of affected job-sharers were women. Rule/Application: A facially neutral rule can be indirect sex discrimination if it disadvantages a mostly female employment category unless justified by an objective, non-sex-based reason. Sumitomo Electric Industries Ltd. case - Answers Background: Female employees in Japan challenged a system that hired women into clerical tracks while men with similar education were placed on management tracks, creating wage and promotion gaps. Decision: The Osaka District Court dismissed the gender discrimination claims. Rule/Application: The court treated older hiring practices in light of the social views at the time, while recognizing that gender-based employment practices had become less acceptable as Japanese law and social norms changed. Foreign laws permitting difficult work conditions - Answers Companies may move production abroad to save labor costs, but those savings can come from work conditions legal abroad yet unacceptable or illegal in developed countries. Unsafe labor conditions - Answers Some countries lack OSHA-like workplace protections, leading to locked exits, unsafe equipment, poor ventilation, long hours, and serious workplace injuries. Prison labor - Answers Prison labor exists in several countries and is difficult to detect when products move through complex supply chains. Child labor - Answers Child labor is common in low-value-added industries because children can be paid very low wages and often lack safety or education protections. Consequences of harsh labor conditions abroad - Answers Companies may face lawsuits, import restrictions, consumer boycotts, reputational harm, and pressure to police their supply chains. Alien Tort Statute limit from study guide - Answers The study guide says non-U.S. citizens generally can no longer bring these foreign labor abuse claims in U.S. courts through tort law in this context. Corporate codes of conduct - Answers Multinational companies use sourcing guidelines to reduce the risk of child labor, prison labor, forced labor, and unsafe conditions in their supply chains. Why environmental laws differ across countries - Answers Environmental law varies because countries differ in wealth, technology, development priorities, enforcement ability, and views about economic growth.