TTU BLAW 3391 Exam 1 Review - Pleasant Certification Questions With Multiple Choices And Verified Answers.

title vii - correct answer makes it "an unlawful employment practice for an employer ... to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. intermediate - correct answer *[Oncale VS. Sundowner]* - The Fifth Circuit Court affirmed the trial court's decision and rejected Oncale's claims stating that same-sex sexual harassment is not recognizable under Title VII. This decision was made by the ___________ court. trial - correct answer *[Oncale VS. Sundowner]* The trial court in the Eastern District of Louisiana found that Mr. Oncale had no cause of action under Title VII for harassment by male co-workers. This decision was made by the ________ court this - correct answer *[harris v. forklift]* They reversed the 5th Circuit's decision holding that same-sex sexual harassment is actionable under Title VII. This decision was made by ________ court. or the one we are reading sexual desire - correct answer *[harris v. forklift]* So, the current court reversed the decision of the 5th circuit, holding that same-sex sexual harassment is actionable under Title VII. *Reason for this decision:* Harassing conduct need not be motivated by _________ to support an inference of discrimination on the basis of sex. Uniform commercial code - correct answer 1. We started as a farming nation with little to no commerce between the states 2. Conflicts arose as trade between states increased. 3. When business was conducted with customers in many states the seller had to know the laws in each state. 4. The UCC was the solution to the problem. 5. It was prepared in 1952 and over 15 years, and all 50 states have adopted the UCC as part of their state law. This describes the _____________. uniformity to state law - correct answer the definition of *uniform commercial code* is *a set of laws that govern various commercial transactions* and are designed to bring ___________________. FOIA (Freedom of Information Act) - correct answer - Requires that federal agencies publish in Federal Register places where public can access agency information - Any individual or business may make a FOIA request - Information may be obtained regarding how agency acquires and spends its money - Statistics and/or information collected by agency on a particular topic is available - Citizens entitled to any records government has about them o EX: National security, criminal investigations open to public - correct answer 1. *Government in Sunshine Act* - Requires that agency meetings be ___________________ if agency headed by collegiate body (i.e., two or more persons, with majority appointed by president upon "advice and consent" of Senate). Such agencies must keep records of closed meetings. - Privacy Act is part - Regulatory Flexibility Act is part - Small Business Regulatory Enforcement Fairness Act is part too - correct answer Federal agency may not disclose information about an individual to other agencies/organizations without that individual's written consent. *(this act is part of the Government & Sunshine Act)* Regulatory Flexibility Act - correct answer Federal law requiring federal agencies to consider the effects of their regulatory actions on small businesses and other small entities and to minimize any undue disproportionate burden. *(this act is part of the Government & Sunshine Act)* small business - correct answer the _____________ and regulatory enforcement act allows congress to review new federal regulations for at least 60 days before they take effect *(this act is part of the Government & Sunshine Act)* discrimination, disability - correct answer AMERICANS WITH DISABILITIES ACT Americans with Disabilities Act (ADA) of 1990: - A federal statute designed to protect individuals from illegal __________ in employment on the basis of __________. impairment - correct answer *[Americans with Disabilities Act]* The ADA defines disability as, "A physical or mental _____________ that substantially limits one or more of the major activities of life." Persons who are considered disabled and protected under ADA include anyone who: - Is sight- or hearing-impaired - uses a wheelchair. FLSA (fair labor standards act) - correct answer this act sets standards for: the minimum age an employee can be, the minimum wage an employee can earn, and the rate at which an employee is paid if he or she works more than a certain number of hours in a given workweek. - Currently, the federal minimum wage is $7.25, and the overtime pay rate for emplyees who work more than 40 hours in a workweek is 1.5 times regular wages. - Employees excluded from this coverage: executives, professional employees and outside sales associates. *[type acronym not full name]* 1250 hours - correct answer To be eligible for the *FMLA* (family & medical leave act) an employee must have worked for his or her current employer for at least __________ in the previous year. FMLA - correct answer this *act* is a federal statute that provides eligible employees with the right to up to 12 weeks of unpaid leave for - Personal medical reasons, or - To care for a child, spouse, or parent. - FMLA applies to all employers who employ 50 or more employees. *(type acronym not full name of the act)* 4 sources of law - correct answer the ______________ include: - constitutional law (1) - statutory law (2) - administrative law (3) - case law (4) statutory law - correct answer [one of the 4 sources of law] - ____________ law 1. the field of law involving statutes, which are laws passed by Congress or by state legislature. - includes *ordinance* executive order - correct answer _____________ is a a legally binding directives from the president Ex: in 1957 when Eisenhower ordered federal troops to enforce the Supreme Court's ruling to desegregate the school system - part of *constitutional law* constitutional - correct answer [one of the 4 sources of law] - ____________ law - Federal and State Constitutions - treaties and executive orders administrative - correct answer [one of the 4 sources of law] - ____________ law is the body of rules, regulations and decisions created by administrative agencies. case - correct answer [one of the 4 sources of law] - ____________ law 1. the effects of court decisions that involve the same or similar facts. • The English system is known as the common law and still influences legal decisions in the US today. - includes *precedent, reporter, and citation as key vocabulary* right of control test - correct answer [type of test] How much control the employer has over the individual and the details of the work to be performed FACTORS THAT HELP MEASURE THIS TEST: 1. Independent nature of worker's business 2. Worker's obligation to furnish tools, supplies, and materials 3. Worker's right to control progress of the work 4. Amount of time worker is employed 5. Method of payment IRS test - correct answer [type of test] - this test aids businesses and individuals in distinguishing employees from independent contractors - a kind of test that is used to aid individuals in determining whether a worker fits the status of an employee or an independent contractor. Key here is also control. the respondeat superior - correct answer Coming from a legal doctrine, a Latin term meaning "let the master answer." - Theory of vicarious (or indirect) liability has practical implications in all situations in which a principal-agent relationship exists - The acts of an employee committed while performing duties are considered the acts of the employer. - The employer is liable to third parties for injuries caused by an employee, whether the acts are willful or negligent, so long as the acts were committed by the employee within the ordinary course of employment This is the doctrine of ___________________ Negligent Misrepresentation - correct answer - Withholding negative reference information or simply not responding to reference requests at all. - ways employers attempt to reduce their risk of liability in providing refereneces. -[ EX: If a prospective employer hires an employee based on an incomplete reference, and then suffers damages that may have been avoided had the previous employer provided an accurate reference, the prospective employer may sue the previous employer for negligent misrepresentation.] defamation - correct answer A current or former employee may sue his or her employer for defamation if the employer provides information to a third party that is untrue, irrespective of whether or not it relates to employee's job reference. - Slander, if spoken. - Libel, if written. spoken - correct answer defamation is considered Slander, if its ______________. libel - correct answer defamation is considered ____________ if its written Workman's Compensation - correct answer A type of insurance that provides that employees may recover damages for work-related injuries and illnesses without having to prove negligence on the part of the employer. - Since workers' compensation is almost mandatory and provides employees with nearly automatic recovery, it is considered to be the exclusive remedy. (cannot sue) - Employees may sue an employer if it was the employer's intentional or grossly negligent conduct that caused the injury or illness. invasion of privacy - correct answer Disclosing personal, irrelevant information about a former employee, irrespective of whether such information is true or false. warn or tell - correct answer *[privacy with technology]* - You do not have a reasonable expectation of privacy when using your employers' email system, even during non-working hours. They don't