BUL3310 Exam 3 Questions with Correct Answers Graded A+Workers Compensation Insurance is a
comprehensive program that covers all job related injuries, including those that were intentionally
inflicted. - Answers false
Mel was employed by a restaurant under an employment at will contract. Mel's employer ordered him
to lie during a state health inspection about on-going problems with the restaurant's main refrigeration
unit. Mel answered the inspector's questions honestly and was fired. May Mel sue the restaurant for
wrongful termination? - Answers Yes, Mel may sue the restaurant under the public policy exception to
the employment at will doctrine.
ERISA requires that all employers provide both health insurance and pension plans to their employees. -
Answers false
What is the term used to describe the voting conditions necessary for a binding "representation
election'' in which the workers in a company vote whether or not to unionize? - Answers laboratory
Mary was employed as a salesperson under an employment at will contract. When she was called for
jury duty, her employer told her that she would be fired if she missed more than 2 days of work. Marry
served on a trial that lasted for 8 days and her employer terminated her contract. Mary sued her
employer in tort and won. What damages were available to Mary in this case> - Answers a. Unpaid back
wages and benefits
b. Damages for pain and suffering
c. Punitive damages
d. ALL OF THE ABOVE (correct)
The legal doctrine that allows an employee to quit at any time for any reason and an employer to fire an
employee at any time for any reason is - Answers employment at will
Employees who are hired under an at-will employment contract still may not be terminated if - Answers
a. The employer created a work environment that led to the creation of a "good cause" exception.
b. The termination violates a public policy
c. The employee is being dismissed for whistle blowing
d. ALL OF THE ABOVE negate an employer's right to terminate an at-will employee. (correct)
,An employee cannot be terminated under an employment at will contract for refusing to commit an
illegal act. - Answers true
The type of sexual harassment that occurs when a promotion or other benefit is made conditional on
the employee granting a sexual favor is _______________harassment. - Answers quid pro quo
The law governing harassment in the private sector workplace has developed on a case by case basis in
the Supreme Court and the lower courts. - Answers true
A supervisor offering an employee a promotion or extra vacation time in exchange for sexual favors is an
example of ______________harassment. - Answers quid pro quo
An employee must be at least _______years of age to be protected from discrimination under the Age
Discrimination in Employment Act. - Answers 40
Employers have a duty under Title VII to reasonably accommodate the religious practices of their
employees. - Answers true
Bona Fide Occupational Qualification can be used as a defense to employment discrimination if the
discrimination is based on - Answers a. Gender
b. Religion
c. Race
d. Both a and b (correct)
Title VII caps the amount of damages a plaintiff may collect from a defendant with 100 or fewer
employees at $10,000. - Answers false
Only someone in a supervisory capacity can be liable for quid pro quo sexual harassment. - Answers true
An employer whose termination of an at-will employee violates a public policy is liable to the employee
for - Answers a. Unpaid back pay and benefits
b. Punitive damages
c. Damages for pain and suffering
d. All of the above (correct)
Which of the following statements about the good cause exception to the employment at will doctrine is
false? - Answers An employee who wins a suit for wrongful termination under the good cause exception
is entitled to back wages, damages for pain and suffering, and punitive damages.
The Family and Medical Leave Act requires, that employees who are out of work for a "serious health
condition" be paid for the time they are out of work. - Answers false
, Which of the following category of worker is not covered by the National Labor Relations Act? - Answers
a. Employees of the federal government
b. Employees of state governments
c. Independent contractors
d. None of the above is covered by the National Labor Relations Act (correct)
What must a worker do to be eligible for unemployment compensation? - Answers a. She must have
been employed for a specified period of time.
b. She must be actively looking for another job
c. She must not have been fired for egregious behavior in the workplace
d. All of the above are requirement for eligibility. (correct)
When workers strike for higher wages, management may hire replacement workers and refuse to rehire
the striking workers when the strike is over. - Answers true
Employers who violate OSHA regulations are subject to fines and, if the violations are willful,
imprisonment. - Answers true
To be subject to the Age Discrimination in Employment Act, an employer must - Answers Be engaged in
interstate commerce and have at least 20 employees.
A claim for discrimination cannot be brought under Title VII if the discrimination is based on - Answers
sexual orientation
Both physical and mental impairments are included under the Americans with Disabilities Act's
definition of a disability. - Answers true
It is illegal to retaliate against an employee for filing a complaint with the EEOC. - Answers true
To prove disparate impact discrimination, a plaintiff must show that the practices complained of were
"designed and intended" to disadvantage him or her. - Answers false
The bona fide occupational qualification defense may be used in claims arising under the Age
Discrimination Employment Act. - Answers true
Title VII protections against discrimination based on gender apply only to female employees and not to
male employees. - Answers false
The courts allow sexual harassment claims for both same sex and opposite sex harassment. - Answers
true