,Test Bank For Employment Law for Human Resource Practice
Chapter 1
Chapter 1
OVERVIEW OF EMPLOYMENT LAW
Test Bank Questions, 5e
MULTIPLE CHOICE QUESTIONS
1. Sarah aged 59, has been employed by your firm for more than 26 years, and has continually
received above-average evaluations. Just before her 27th anniversary with the firm, you are
ordered by your superior, the HR Manager, to tell her that her employment with the firm is
terminated immediately. Given the facts, as presented, the issues most likely to be raised are:
a. legal
b. ethical
c. medical
d. contract
e. none of these
Answer: B
2. Under U.S. employment laws, employees have the right to:
a. not be fired, as long as they do a good job and the employer’s financial condition
does not require that employment levels be cut
b. be treated fairly in all aspects of the workplace, including receiving fair
compensation
c. have health insurance and other basic benefits, provided that they are full-time
employees
d. all of the above
e. none of the above
Answer: E
3. In order to determine which employment laws apply to a certain employer, the employer
should consider which of the following factors?
a. the number of employees that work for the company
b. whether the employer sells goods or services to the federal government
c. the state(s) in which the employer operates
d. all of the above
e. none of the above
Answer: D
4. Regarding the historical development of employment law in the U.S., which of the following
statements is true?
a. Most federal employment laws were passed in the first half of the 19th century in
response to growing industrialization
b. The earliest employment laws focused on wages and hours
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,Test Bank For Employment Law for Human Resource Practice
Chapter 1
c. Most employment laws were passed with little conflict, since the need for these
laws was evident to employers, employees and legislators.
d. The importance of employment at will has increased over time.
e. None of the above.
Answer: E
5. Which of the following is generally true regarding the process of enforcing employment
laws?
a. courts and government agencies hear cases only after employees come forward with
complaints about violations of the law
b. employees are very likely to seize the opportunity to sue their employers, because
all of the cost of employment litigation is borne by the employer
c. once a claim is brought, a company’s attorneys deal with it, and managers have
little involvement in the case
d. all of the above
e. none of the above
Answer: A
6. In Nino v The Jewelry Exchange, plaintiff bank employee sued alleging discrimination, and
his employer sought to dismiss the suit, stating that the employee had signed a mandatory
arbitration agreement, so that the suit should go to arbitration. The employee responded that
the mandatory arbitration agreement he had signed was unconscionable, and therefore,
unenforceable. Among other things, the employee alleged that the arbitration agreement was
unconscionable because gave him only 5 days to make a demand for arbitration. The court
ruled:
a. for the Plaintiff employee, because the agreement was both procedurally and
substantively unconscionable.
b. for the Plaintiff employee, because the arbitration agreement was procedurally
unconscionable.
c. for the Defendant employer, because none of the provisions of the arbitration
agreement was unconscionable.
d. for the Defendant employer because the unconscionable parts of the arbitration
agreement could be stricken, and the arbitration could proceed.
Answer: A
7. Under the “payroll method” approved by the U.S. Supreme Court:
a. employers whose payrolls exceed $500,000 annually are covered by Title VII
b. employers are covered by Title VII if they had at least 20 employees on the payroll
at the time of the alleged discrimination
c. employers are covered by Title VII if they had at least 15 employees working and
being paid for each working day during at least 20 weeks in the same or the
preceding year
d. employees are counted for each full week between when they are hired and when
they leave employment, regardless of the number of days or hours worked.
e. none of the above
Answer: D
2
, Test Bank For Employment Law for Human Resource Practice
Chapter 1
8. Regarding arbitration, which of the following statements is true?
a. historically, arbitration has been used to resolve disputes over contractual rights
b. arbitrators’ decisions are usually advisory and not considered final
c. arbitrators have less control over the outcomes of disputes than do mediators.
d. arbitration is always more costly and time-consuming than litigation
e. none of these
Answer: A
9. Regarding the interrelationship of federal and state employment laws:
a. state laws must be identical to federal law or the state law is void
b. states may pass laws which reduce employee rights, but may not enact laws that
expand employee protections granted in federal laws
c. states may pass laws which expand employee rights, but may not enact laws that
reduce employee protections granted in federal laws
d. employment law is exclusively a federal domain, so states may not enact laws when
federal law already exists
Answer: C
10. In Casias v. Wal-Mart Stores, plaintiff Casias, a cancer patient and Wal-Mart employee, was
prescribed medical marijuana for his symptoms by his physician, pursuant to the state’s new
medical marijuana law. Upon being injured at work, he was given a blood test which showed
marijuana in his system. He was fired, and sued for wrongful termination. The court ruled:
a. for the Plaintiff because he had a valid state medical marijuana registry card to
show that he was authorized to use medical marijuana
b. for the Plaintiff because he did not cause his own injury at work
c. for Wal-Mart, because the state law did not change employment-at-will
d. for Wal-Mart, because plaintiff’s marijuana use led to his injury
Answer: C
11. In EEOC v AutoZone, the EEOC sued AutoZone on behalf of an employee who suffered
injury and disability because his employer would not provide a reasonable accommodation
for his disability. Fed Ex argued that the damages awarded by the jury were too high, and
also offered evidence of its ADA compliance policy set forth in the employee manual. The
court ruled:
a. for the defendant AutoZone, since the establishment of an ADA compliance policy
was sufficient to establish a good faith effort to comply with the ADA
b. for the defendant AutoZone, because plaintiff had not established that he suffered
from a disability
c. for the plaintiff because the damages awarded were consistent with the damages
awarded in other cases
d. for the plaintiff because he established that he suffered from a disability
Answer: C
3
Chapter 1
Chapter 1
OVERVIEW OF EMPLOYMENT LAW
Test Bank Questions, 5e
MULTIPLE CHOICE QUESTIONS
1. Sarah aged 59, has been employed by your firm for more than 26 years, and has continually
received above-average evaluations. Just before her 27th anniversary with the firm, you are
ordered by your superior, the HR Manager, to tell her that her employment with the firm is
terminated immediately. Given the facts, as presented, the issues most likely to be raised are:
a. legal
b. ethical
c. medical
d. contract
e. none of these
Answer: B
2. Under U.S. employment laws, employees have the right to:
a. not be fired, as long as they do a good job and the employer’s financial condition
does not require that employment levels be cut
b. be treated fairly in all aspects of the workplace, including receiving fair
compensation
c. have health insurance and other basic benefits, provided that they are full-time
employees
d. all of the above
e. none of the above
Answer: E
3. In order to determine which employment laws apply to a certain employer, the employer
should consider which of the following factors?
a. the number of employees that work for the company
b. whether the employer sells goods or services to the federal government
c. the state(s) in which the employer operates
d. all of the above
e. none of the above
Answer: D
4. Regarding the historical development of employment law in the U.S., which of the following
statements is true?
a. Most federal employment laws were passed in the first half of the 19th century in
response to growing industrialization
b. The earliest employment laws focused on wages and hours
1
,Test Bank For Employment Law for Human Resource Practice
Chapter 1
c. Most employment laws were passed with little conflict, since the need for these
laws was evident to employers, employees and legislators.
d. The importance of employment at will has increased over time.
e. None of the above.
Answer: E
5. Which of the following is generally true regarding the process of enforcing employment
laws?
a. courts and government agencies hear cases only after employees come forward with
complaints about violations of the law
b. employees are very likely to seize the opportunity to sue their employers, because
all of the cost of employment litigation is borne by the employer
c. once a claim is brought, a company’s attorneys deal with it, and managers have
little involvement in the case
d. all of the above
e. none of the above
Answer: A
6. In Nino v The Jewelry Exchange, plaintiff bank employee sued alleging discrimination, and
his employer sought to dismiss the suit, stating that the employee had signed a mandatory
arbitration agreement, so that the suit should go to arbitration. The employee responded that
the mandatory arbitration agreement he had signed was unconscionable, and therefore,
unenforceable. Among other things, the employee alleged that the arbitration agreement was
unconscionable because gave him only 5 days to make a demand for arbitration. The court
ruled:
a. for the Plaintiff employee, because the agreement was both procedurally and
substantively unconscionable.
b. for the Plaintiff employee, because the arbitration agreement was procedurally
unconscionable.
c. for the Defendant employer, because none of the provisions of the arbitration
agreement was unconscionable.
d. for the Defendant employer because the unconscionable parts of the arbitration
agreement could be stricken, and the arbitration could proceed.
Answer: A
7. Under the “payroll method” approved by the U.S. Supreme Court:
a. employers whose payrolls exceed $500,000 annually are covered by Title VII
b. employers are covered by Title VII if they had at least 20 employees on the payroll
at the time of the alleged discrimination
c. employers are covered by Title VII if they had at least 15 employees working and
being paid for each working day during at least 20 weeks in the same or the
preceding year
d. employees are counted for each full week between when they are hired and when
they leave employment, regardless of the number of days or hours worked.
e. none of the above
Answer: D
2
, Test Bank For Employment Law for Human Resource Practice
Chapter 1
8. Regarding arbitration, which of the following statements is true?
a. historically, arbitration has been used to resolve disputes over contractual rights
b. arbitrators’ decisions are usually advisory and not considered final
c. arbitrators have less control over the outcomes of disputes than do mediators.
d. arbitration is always more costly and time-consuming than litigation
e. none of these
Answer: A
9. Regarding the interrelationship of federal and state employment laws:
a. state laws must be identical to federal law or the state law is void
b. states may pass laws which reduce employee rights, but may not enact laws that
expand employee protections granted in federal laws
c. states may pass laws which expand employee rights, but may not enact laws that
reduce employee protections granted in federal laws
d. employment law is exclusively a federal domain, so states may not enact laws when
federal law already exists
Answer: C
10. In Casias v. Wal-Mart Stores, plaintiff Casias, a cancer patient and Wal-Mart employee, was
prescribed medical marijuana for his symptoms by his physician, pursuant to the state’s new
medical marijuana law. Upon being injured at work, he was given a blood test which showed
marijuana in his system. He was fired, and sued for wrongful termination. The court ruled:
a. for the Plaintiff because he had a valid state medical marijuana registry card to
show that he was authorized to use medical marijuana
b. for the Plaintiff because he did not cause his own injury at work
c. for Wal-Mart, because the state law did not change employment-at-will
d. for Wal-Mart, because plaintiff’s marijuana use led to his injury
Answer: C
11. In EEOC v AutoZone, the EEOC sued AutoZone on behalf of an employee who suffered
injury and disability because his employer would not provide a reasonable accommodation
for his disability. Fed Ex argued that the damages awarded by the jury were too high, and
also offered evidence of its ADA compliance policy set forth in the employee manual. The
court ruled:
a. for the defendant AutoZone, since the establishment of an ADA compliance policy
was sufficient to establish a good faith effort to comply with the ADA
b. for the defendant AutoZone, because plaintiff had not established that he suffered
from a disability
c. for the plaintiff because the damages awarded were consistent with the damages
awarded in other cases
d. for the plaintiff because he established that he suffered from a disability
Answer: C
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