Employment Law (C233 )
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Free Employment Law (C233 ) Questions
Which of the following is NOT an example of sexual harassment under Title VII
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Johnny, who rarely works from the office, comes to the office routinely and flirts with Blasia even though she has asked him to stop.
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Blasia tells Johnny if they have sex, she will promote him.
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Johnny, who is rarely in the office, sees Blasia and tells her like your
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Johnny, who is rarely in the office, communicates with Blasia routinely and at least once a month will ask her on a date despite being told she is uncomfortable with his behavior.
Explanation
Correct Answer C. Johnny, who is rarely in the office, sees Blasia and tells her like your
Explanation
Option C is vague and incomplete, failing to describe any behavior that constitutes sexual harassment under Title VII. For a claim of sexual harassment, there must be conduct that creates a hostile work environment or involves quid pro quo harassment.
Why other options are wrong
A. Johnny, who rarely works from the office, comes to the office routinely and flirts with Blasia even though she has asked him to stop.
Persistent unwanted advances can create a hostile work environment, which is a form of sexual harassment under Title VII.
B. Blasia tells Johnny if they have sex, she will promote him.
This is a clear example of quid pro quo harassment, as it involves a promise of a job-related benefit in exchange for sexual favors.
D. Johnny, who is rarely in the office, communicates with Blasia routinely and at least once a month will ask her on a date despite being told she is uncomfortable with his behavior.
Repeated unwelcome behavior after being told to stop may create a hostile work environment, which is actionable under Title VII.
How does the procedure of submitting a travel request form create a type of implied contract for Bohari
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It implies the company will reimburse Bohari for all his travel expenses.
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It implies Bohari will be allowed to attend the conference, the company will pay the cost, and he will be reimbursed for expenses.
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It implies authorization for Bohari to travel.
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It implies Bohari will still have a job in March.
Explanation
Correct Answer B. It implies Bohari will be allowed to attend the conference, the company will pay the cost, and he will be reimbursed for expenses.
Explanation
Submitting a travel request form and its approval often creates an implied agreement that the company will allow the employee to travel, pay the associated costs, and reimburse the employee for out-of-pocket expenses related to the trip.
Why other options are wrong
A. It implies the company will reimburse Bohari for all his travel expenses.
This is partially correct, but it does not address the company’s role in approving the trip or paying for the conference.
C. It implies authorization for Bohari to travel.
Authorization is implied, but it does not address the company's commitment to covering the costs or reimbursing expenses.
D It implies Bohari will still have a job in March.
The submission of a travel request form does not relate to the job security or employment status of Bohari.
Which act prohibits the hiring of illegal aliens, requires verification of eligibility to work in the U.S., and prohibits discrimination based on national origin or citizenship
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Uniformed Services Employment and Rights Act
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Americans with Disability Act
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Immigration Reform and Control Act
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Drug Free Workplace Act
Explanation
Correct Answer C. Immigration Reform and Control Act
Explanation
The Immigration Reform and Control Act (IRCA) prohibits the hiring of individuals unauthorized to work in the United States, requires employers to verify the employment eligibility of their workers through Form I-9, and prohibits employment discrimination based on national origin or citizenship status.
Why other options are wrong
A. Uniformed Services Employment and Rights Act
The USERRA protects the employment rights of individuals serving in the uniformed services but does not address hiring practices or work authorization.
B. Americans with Disability Act
The ADA focuses on preventing discrimination against individuals with disabilities and does not pertain to citizenship or work eligibility.
D. Drug Free Workplace Act
The Drug-Free Workplace Act requires federal contractors and grantees to maintain a drug-free workplace but does not regulate hiring practices related to immigration or citizenship.
What type of discrimination did Beverly likely encounter based on the provided scenario
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Discrimination based on Race
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Discrimination based on Sex
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Discrimination based on Ethnicity
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Discrimination based on National Origin
Explanation
Correct Answer D. Discrimination based on National Origin
Explanation
National origin discrimination occurs when an individual is treated unfavorably because they are from a particular country or part of the world, or because of their ethnicity or accent. Based on the scenario, Beverly's treatment likely aligns with this form of discrimination.
Why other options are wrong
A. Discrimination based on Race
Race discrimination is based on physical characteristics such as skin color, not on national origin.
B. Discrimination based on Sex
This applies when someone is treated unfairly because of their gender, but the scenario does not indicate such factors.
C. Discrimination based on Ethnicity
While ethnicity is related, it does not cover cases of specific national origin, which is the more precise discrimination in this case.
What protects men and women who perform substantially equal work in the same establishment from wage discrimination
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Title VII
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The EPA or Equal Pay Act of 1963
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The ADA
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The ADEA
Explanation
Correct Answer B. The EPA or Equal Pay Act of 1963
Explanation
The Equal Pay Act of 1963 ensures that men and women who perform substantially equal work in the same establishment receive equal pay. It prohibits wage discrimination based on sex and requires equal pay for jobs that require equal skill, effort, and responsibility under similar working conditions.
Why other options are wrong
A. Title VII
While Title VII of the Civil Rights Act of 1964 prohibits employment discrimination, it does not specifically address wage discrimination based on sex.
C. The ADA
The Americans with Disabilities Act (ADA) focuses on prohibiting discrimination against individuals with disabilities, not wage equality between men and women.
D. The ADEA
The Age Discrimination in Employment Act (ADEA) protects individuals from discrimination based on age, not gender-based wage inequality.
Which of the following is the best example of a BFOQ (Bona Fide Occupational Qualification)
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An airline that only hires female flight attendants
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A prison that hires only male guards
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A Chinese restaurant that hires only Asian wait staff
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A private Catholic school that hires only Catholics as teachers
Explanation
Correct Answer
D. A private Catholic school that hires only Catholics as teachers
Explanation
A BFOQ (Bona Fide Occupational Qualification) applies when a particular characteristic (such as religion) is essential for performing the job's primary duties. In this case, a Catholic school hiring only Catholic teachers aligns with its religious mission and is considered a valid BFOQ.
Why other options are wrong
A An airline that only hires female flight attendants
This would likely not qualify as a BFOQ because gender is not essential to performing the duties of a flight attendant.
B A prison that hires only male guards
While there are limited scenarios where gender may be a BFOQ (e.g., privacy concerns in correctional facilities), it is not automatically applicable in every case.
C A Chinese restaurant that hires only Asian wait staff
Hiring based on race or ethnicity is not permissible under Title VII of the Civil Rights Act and would not qualify as a BFOQ.
What is the purpose and function of law
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Prevent undesirable behavior and promote desirable behavior
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Enforce state regulations
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Facilitate government corruption
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Limit individual freedom
Explanation
Correct Answer:
A. Prevent undesirable behavior and promote desirable behavior
Explanation:
The purpose of law is to maintain societal order by preventing undesirable actions (e.g., crimes) and encouraging behavior that benefits society. Laws create a framework for resolving disputes, protecting rights, and ensuring fairness.
Why other options are wrong:
B Enforce state regulations: While laws may include state regulations, their purpose extends beyond enforcement to include maintaining order and promoting justice.
C Facilitate government corruption: Laws aim to prevent corruption, not facilitate it, by creating checks and balances and ensuring accountability.
D Limit individual freedom: Laws are not designed to limit freedom arbitrarily but to balance individual rights with societal welfare.
What type of discrimination did Beverly likely encounter based on the provided scenario
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Discrimination based on Sex
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Discrimination based on National Origin
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Discrimination based on Race
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Discrimination based on Ethnicity
Explanation
Correct Answer
B Discrimination based on National Origin
Explanation
National origin discrimination occurs when an individual is treated unfavorably because of their birthplace, ancestry, or cultural background. If the scenario suggests Beverly was targeted based on these factors, it aligns with this form of discrimination.
Why other options are wrong
A Discrimination based on Sex
This would involve unfavorable treatment based on gender, but the scenario does not indicate such behavior.
C Discrimination based on Race
Discrimination based on race pertains to unfavorable treatment because of racial identity, which is distinct from national origin.
D Discrimination based on Ethnicity
Ethnicity focuses on shared cultural or social characteristics, but national origin refers more specifically to birthplace or ancestry, which is more applicable here.
What is the punishment for violating the Drug Free Workplace Act
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Enforcement through Federal Courts
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Injunctions
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Fines
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Compensation for lost wages
Explanation
Correct Answer A. Enforcement through Federal Courts
Explanation
The Drug Free Workplace Act primarily applies to federal contractors and grant recipients, requiring them to maintain a drug-free workplace. Violations may result in enforcement actions through federal courts, including contract termination or loss of federal funding.
Why other options are wrong
B. Injunctions
While injunctions might be involved in some cases, they are not the primary enforcement mechanism for this act.
C. Fines
The Drug Free Workplace Act does not generally impose fines but instead focuses on compliance through contractual and funding consequences.
D. Compensation for lost wages
This is not a relevant punishment under the Drug Free Workplace Act. The act is focused on compliance requirements for workplace policies rather than employee compensation.
Was there any disparate impact apparent for any ethnic group based on the provided chart
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There is no disparate impact apparent
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Disparate impact exists for the African American group
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Disparate impact exists for the Arab American group
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Disparate impact exists for the group
Explanation
Correct Answer B. Disparate impact exists for the African American group
Explanation
Disparate impact occurs when a policy or practice disproportionately affects members of a particular protected class, even if unintentional. Based on the chart provided, statistical evidence likely highlights the African American group as disproportionately impacted.
Why other options are wrong
A. There is no disparate impact apparent
If the chart indicates a statistically significant disproportionate effect on the African American group, this option would not be correct.
C. Disparate impact exists for the Arab American group
If the chart does not show evidence of a significant impact on Arab Americans, this option is not correct.
D. Disparate impact exists for the group
This option is too vague and does not specify which group is affected, making it less accurate and not aligned with the chart's data.
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