questions with verified answers
_____________ is/are the primary reason(s) U.S.C. section 1981 and the Civil
Rights Act of 1871 were ineffective in improving the rights of black Americans?
Lack of enforcement
Failure of enactment
New amendments and changes to the law made it difficult to make any real
improvements
Because they only applied in the northern states, even though there was much
need for them in the south Ans✓✓✓ Lack of enforcement
_____________ prohibits termination for anything 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.
Vicarious Liability
Montana Wrongful Discharge From Employment Act
National Labor Relations Act
Stare decisis Ans✓✓✓ Montana Wrongful Discharge From Employment Act
______________ discrimination is directed at an individual, _____________
discrimination is directed at a class of persons.
Disparate impact : disparate treatment
Adverse impact : disparate impact
,Disparate treatment : disparate impact
Adverse treatment : disparate treatment Ans✓✓✓ Disparate treatment :
disparate impact
________________ discrimination is when an employer's policies have the
purpose or effect of assigning employees to particular aspects of a business
enterprise based upon a protected class characteristic and with no apparent
legitimate business necessity.
BFOQ
Comparative evidence
Direct evidence
Pattern and practice Ans✓✓✓ Pattern and practice
"Let the master answer for the servant" applies to which vicarious liability
doctrine?
Tort liability
Respondent inferior
Frolic and detour
Respondeat superior Ans✓✓✓ Respondeat superior
A business is a(n) _____________ employment agency if it regularly procures
employees for at least one covered employer.
Covered
, Obligated
Unobligated
Uncovered Ans✓✓✓ Covered
Agency is a __________ 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.
Informal
Undefined
Contract
Formal Ans✓✓✓ Contract
An employee can be subject to any negative job action for making a frivolous
claim of disparate treatment discrimination under Title VII.
True or False? Ans✓✓✓ False
Ironically, claimants may not have a sufficient case to make a showing that
discrimination occurred, but might be able to sustain a retaliation claim for raising
the discrimination challenge in the first place, if the negative job action is severe
enough.
An employer can be exposed to liability in tort (a civil wrong which causes
someone harm) for the acts or omissions of the employee. This employment law
concept is best known as: