C233 EMPLOYMENT LAW - PRACTICE EXAM
QUESTIONS AND VERIFIED SOLUTIONS LATEST
UPDATE
Jose works full-time for Quality, Inc. an engineering firm, as a Quality Control Specialist.
Jose does not have any direct authority to hire/fire at the company and while Jose
controls a majority of his activities during the day, Quality, Inc. works with Jose to set
goals and does hold him responsible for achieving certain metrics. Knowing only this
information, Jose could best be described as a(n):
a. Independent Contractor
b. Employee
c. Temporary Employee
d. Part-time Employee
Employee
Blake is worried that one of her employees, Mohammad, is classified as an independent
contractor, but should actually be considered an employee. Blake begins to analyze
what Mohammad does and how he does it in terms of his job. She determines the
following: she directs Mohammad's work, was responsible for training him, and
evaluates his performance as well as notes that he is using all company provided
equipment to do his work and he is required to submit various production-related reports
weekly. Blake is likely using which test to determine Mohammad's independent
contractor status?
a. Common Law Agency Test
b. Economic Realities Test
c. IRS 20-Factor Analysis
d. Common Sense
,IRS 20-Factor Analysis
Bohari has job responsibilities that require him to attend various professional
conferences. In the employee handbook, there is a policy that states employees wishing
to travel, must complete a "travel request form" and submit it to their supervisor at least
three months prior to the travel. On the form is the reason for travel,
professional/company benefit of travel, and anticipated budget. When the supervisor
approves the travel, it creates an expressed/explicit contract that Bohari will be allowed
to attend the conference, the company will pay the cost of the conference
attendance/travel, and he will be reimbursed for his expenses. Bohari completes the
form in October and submits it to his supervisor that same month for travel in March.
How does this procedure create a type of implied contract?
a. It implies the company will reimburse Bohari for all his travel expenses.
b. It implies authorization for Bohari to travel.
c. It implies Bohari will still have a job in March.
d. It implies Bohari will learn something new at the conference and will share that new
knowledge with the organization.
It implies Bohari will still have a job in March.
Suzy is an at-will employee for Safety Corp. She found several safety violations that
caused her to feel unsafe at the workplace. She reported these issues to her supervisor,
but nothing was corrected. She then reported the violations to OSHA. Safety Corp.
discovered it was Suzy who reported the issues and started the OSHA investigation and
subsequently fired Suzy. Which of the following best describes the recourse available to
Suzy?
a. Suzy may have a claim for wrongful termination based on Constructive Discharge.
b. Suzy may have a claim for wrongful termination based on a violation of the Good
Faith and Fair Dealing Covenant.
c. Suzy may have a claim for wrongful termination based on an Implied Contract
exception.
,d. Suzy may have a claim for wrongful termination based on the Public Policy
Exception.
Suzy may have a claim for wrongful termination based on the Public Policy Exception
Beverly was an up-and-comer at her firm; she had been informed she was definitely on
the partner track during her most recent performance review. Beverly just married
Abdul, a Muslim from Turkey and subsequently was hearing rumors of management's
displeasure of her choice. She had overheard comments at the water cooler such as, "I
can't believe she married that guy; now she'll never make partner" and "She just killed
her career now" as well as several comments relating to stereotyping her spouse and
their relationship. During the annual meeting to discuss partnership votes, Beverly was
denied a partnership election despite having a clean employment record, the highest
revenue generation in the firm, and excellent performance reviews. She was given the
reason that further leadership development is necessary. Assuming Beverly has
encountered some discriminatory practice, which best describes the type of
discrimination she likely encountered?
a. Discrimination based on National Origin
b. Discrimination based on Sex
c. Discrimination based on Race
d. Discrimination based on Ethnicity
Discrimination based on National Origin
To establish a Prima Facie case of disparate treatment under Title VII, the claimant must
show which of the following:
a. A discriminatory act took place, some adverse effect happened because of the act,
and performance was not an issue.
b. He/she is member of a protected class, he/she applied for job for which he/she was
qualified, he/she was rejected despite being qualified, and the job remained open and
the employer continued to seek applicants.
c. He/she is a member of a protect class, a discriminatory act took place, he/she was
qualified for the job but still got rejected, and performance was not an issue.
, d. A discriminatory act took place, he/she applied for a job for which he/she was
qualified, some adverse effect happened because of the act, and after being rejected
the job remained open and the employer continued to seek applicants.
He/she is member of a protected class, he/she applied for job for which he/she was
qualified, he/she was rejected despite being qualified, and the job remained open and
the employer continued to seek applicants
Below is chart with applicant numbers for different ethnic groups term-6applying for
entry level production workers at Chart This Company. Determine if there may have
been any disparate impact for any of the groups
a. There is no disparate impact apparent
b. Disparate impact exists for the African-American group
c. Disparate impact exists for the Asian-American group
d. Disparate impact exists for the Arab-American group
Disparate impact exists for the Asian-American group
Business necessity is a key term associated with a Bona-Fide Occupational
Qualification (BFOQ). Which of the following is the best example of a BFOQ?
a. A Chinese restaurant that hires only Asian wait staff
b. An airline that only hires female flight attendants
c. A minimum-security prison that hires only male guards
d. A private Catholic school that hires only Catholics as teachers
A private Catholic school that hires only Catholics as teachers
All of the following are examples of sexual harassment under Title VII except:
a. Johnny, who is rarely in the office, sees Blasia and tells her "I like your outfit".
QUESTIONS AND VERIFIED SOLUTIONS LATEST
UPDATE
Jose works full-time for Quality, Inc. an engineering firm, as a Quality Control Specialist.
Jose does not have any direct authority to hire/fire at the company and while Jose
controls a majority of his activities during the day, Quality, Inc. works with Jose to set
goals and does hold him responsible for achieving certain metrics. Knowing only this
information, Jose could best be described as a(n):
a. Independent Contractor
b. Employee
c. Temporary Employee
d. Part-time Employee
Employee
Blake is worried that one of her employees, Mohammad, is classified as an independent
contractor, but should actually be considered an employee. Blake begins to analyze
what Mohammad does and how he does it in terms of his job. She determines the
following: she directs Mohammad's work, was responsible for training him, and
evaluates his performance as well as notes that he is using all company provided
equipment to do his work and he is required to submit various production-related reports
weekly. Blake is likely using which test to determine Mohammad's independent
contractor status?
a. Common Law Agency Test
b. Economic Realities Test
c. IRS 20-Factor Analysis
d. Common Sense
,IRS 20-Factor Analysis
Bohari has job responsibilities that require him to attend various professional
conferences. In the employee handbook, there is a policy that states employees wishing
to travel, must complete a "travel request form" and submit it to their supervisor at least
three months prior to the travel. On the form is the reason for travel,
professional/company benefit of travel, and anticipated budget. When the supervisor
approves the travel, it creates an expressed/explicit contract that Bohari will be allowed
to attend the conference, the company will pay the cost of the conference
attendance/travel, and he will be reimbursed for his expenses. Bohari completes the
form in October and submits it to his supervisor that same month for travel in March.
How does this procedure create a type of implied contract?
a. It implies the company will reimburse Bohari for all his travel expenses.
b. It implies authorization for Bohari to travel.
c. It implies Bohari will still have a job in March.
d. It implies Bohari will learn something new at the conference and will share that new
knowledge with the organization.
It implies Bohari will still have a job in March.
Suzy is an at-will employee for Safety Corp. She found several safety violations that
caused her to feel unsafe at the workplace. She reported these issues to her supervisor,
but nothing was corrected. She then reported the violations to OSHA. Safety Corp.
discovered it was Suzy who reported the issues and started the OSHA investigation and
subsequently fired Suzy. Which of the following best describes the recourse available to
Suzy?
a. Suzy may have a claim for wrongful termination based on Constructive Discharge.
b. Suzy may have a claim for wrongful termination based on a violation of the Good
Faith and Fair Dealing Covenant.
c. Suzy may have a claim for wrongful termination based on an Implied Contract
exception.
,d. Suzy may have a claim for wrongful termination based on the Public Policy
Exception.
Suzy may have a claim for wrongful termination based on the Public Policy Exception
Beverly was an up-and-comer at her firm; she had been informed she was definitely on
the partner track during her most recent performance review. Beverly just married
Abdul, a Muslim from Turkey and subsequently was hearing rumors of management's
displeasure of her choice. She had overheard comments at the water cooler such as, "I
can't believe she married that guy; now she'll never make partner" and "She just killed
her career now" as well as several comments relating to stereotyping her spouse and
their relationship. During the annual meeting to discuss partnership votes, Beverly was
denied a partnership election despite having a clean employment record, the highest
revenue generation in the firm, and excellent performance reviews. She was given the
reason that further leadership development is necessary. Assuming Beverly has
encountered some discriminatory practice, which best describes the type of
discrimination she likely encountered?
a. Discrimination based on National Origin
b. Discrimination based on Sex
c. Discrimination based on Race
d. Discrimination based on Ethnicity
Discrimination based on National Origin
To establish a Prima Facie case of disparate treatment under Title VII, the claimant must
show which of the following:
a. A discriminatory act took place, some adverse effect happened because of the act,
and performance was not an issue.
b. He/she is member of a protected class, he/she applied for job for which he/she was
qualified, he/she was rejected despite being qualified, and the job remained open and
the employer continued to seek applicants.
c. He/she is a member of a protect class, a discriminatory act took place, he/she was
qualified for the job but still got rejected, and performance was not an issue.
, d. A discriminatory act took place, he/she applied for a job for which he/she was
qualified, some adverse effect happened because of the act, and after being rejected
the job remained open and the employer continued to seek applicants.
He/she is member of a protected class, he/she applied for job for which he/she was
qualified, he/she was rejected despite being qualified, and the job remained open and
the employer continued to seek applicants
Below is chart with applicant numbers for different ethnic groups term-6applying for
entry level production workers at Chart This Company. Determine if there may have
been any disparate impact for any of the groups
a. There is no disparate impact apparent
b. Disparate impact exists for the African-American group
c. Disparate impact exists for the Asian-American group
d. Disparate impact exists for the Arab-American group
Disparate impact exists for the Asian-American group
Business necessity is a key term associated with a Bona-Fide Occupational
Qualification (BFOQ). Which of the following is the best example of a BFOQ?
a. A Chinese restaurant that hires only Asian wait staff
b. An airline that only hires female flight attendants
c. A minimum-security prison that hires only male guards
d. A private Catholic school that hires only Catholics as teachers
A private Catholic school that hires only Catholics as teachers
All of the following are examples of sexual harassment under Title VII except:
a. Johnny, who is rarely in the office, sees Blasia and tells her "I like your outfit".
