Questions with Verified Answers
_____________ prohibits termination for other than good cause once an
employee has successfully passed a probationary period and allows for an
employee to seek arbitration for a termination dispute.
Montana Wrongful Discharge From Employment Act
National Labor Relations Act
Stare decisis
Vicarious Liability Ans✓✓✓ Montana Wrongful Discharge From Employment Act
A clear definition of religion has proved elusive because:
The meaning of "religion" has changed many times over the past century
People can only perceive religion through their own understanding
Religious beliefs are so diverse and uniquely personal
Religion is impossible to define Ans✓✓✓ Religious beliefs are so diverse and
uniquely personal
From the text, "A clear definition of religion has proved elusive because religious
beliefs are so diverse and uniquely personal."
A nursing home decided to reduce costs by terminating its highest-paid and least-
productive employees. To ensure that supervisors accurately assessed
productivity and did not base evaluations on stereotypes, the employer instructed
supervisors to evaluate productivity in light of objective factors such as the
number of patients served, errors attributed to the employee, and patient
outcomes. Which of the following is true of this example?
, The legality of this action depends on if the employer is bound by the rules of a
right-to-work state
This is illegal because it is designed to target older employees
This action is not legal under the EEOC if it has a negative impact on older
employees
Even if the practice did have a disparate impact on older employees, the
employer could show that the practice was based on a RFOA Ans✓✓✓ Even if
the practice did have a disparate impact on older employees, the employer could
show that the practice was based on a RFOA
A telemarketing firm is forced to terminate an employee because no one can
understand him on the phone. Which of the following is true?
The employer may be sued because employment decisions cannot be made
because of a person's accent
The employer has broken guidelines set by the EEOC
The employer can be charged for discrimination under Title VII
The employer has not violated Title VII Ans✓✓✓ The employer has not violated
Title VII
,If a person's accent interferes with the communication skills necessary to perform
essential job functions, an employer will not violate Title VII by discriminating
against that person.
Age discrimination claims:
Are on a steep decline due to good employment practices
Are on the decline
Are on the rise
Have been constant for two decades Ans✓✓✓ Are on the rise
Agency is a(n) __________ relationship (a legally binding agreement) 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.
Undefined
Informal
Contract
Formal Ans✓✓✓ Contract
An aggressive sexual advance is made by a male boss to a female subordinate and
rejected. Later the female employee receives a raise. There is no colorable claim
of quid pro quo sexual harassment because the "victim" did not suffer a tangible
job action.
TRUE or FALSE Ans✓✓✓ False
If, after a rejected sexual advance, an employee receives an unanticipated
favorable job outcome, like an unscheduled raise, a claim of quid pro quo sexual
, harassment may still lie under the theory that the raise is designed to induce the
employee to accept the sexual advance or overlook an inappropriate advance.
An employer may claim that 50 percent of employees are non-white minorities or
women. However, if the minority employees or women are concentrated in low
paying positions, and all the white employees hold high paying managerial
positions, this would be best described as:
Practice intent
Discriminatory intent
Disparate treatment
Pattern and practice discrimination Ans✓✓✓ Pattern and practice
discrimination
An employer's decision to take some adverse action against an applicant or
employee based upon knowledge and consideration of a protected class
characteristic which has little or nothing to do with whether a person can perform
the essential functions of a job is known as __________.
Racism
Retaliation
Discriminatory intent
Disparate impact Ans✓✓✓ Discriminatory intent
Author Dave Bernard, in a 2012 U.S. News and World Report article, argues that
older workers are better workers because:
They are generally early adopters of technology
They possess abundant knowledge and experience
They have a weak internal compass