The Employment Law Toolkit: Resources For Understanding The Law And Recurring Legal Concepts

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Questions Bank

The Regulation of the Employment Relationship
The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts
Title Vii of the Civil Rights Act of 1964
Legal Construction of the Employment Environment
Affirmative Action
Race and Color Discrimination
National Origin Discrimination
Gender Discrimination
Sexual Harassment
Sexual Orientation and Gender Identity Discrimination
Religious Discrimination
Age Discrimination
Disability Discrimination
The Employees Right to Privacy and Management of Personal Information
Labor Law
Selected Employment Benefits and Protections

All Questions

Question 1

Free

True/False

An appellee is a person who appealed a legal case to the court of appeals.

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True

False

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Question 2

Free

True/False

A defendant in a legal case will make a motion to dismiss when he or she thinks there is enough evidence to constitute a violation of law.

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True

False

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Question 3

Free

True/False

If a motion to dismiss is granted by a court,the decision favors the plaintiff and the legal case proceeds to trial.

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True

False

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Question 4

Free

True/False

The American legal system is based on stare decisis,a system of using legal precedent.

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True

False

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Question 5

Free

True/False

Whistle-blowing occurs when an employer reports an employee's wrongdoing.

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True

False

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Question 6

True/False

Promissory estoppel is an exception to the employment-at-will doctrine if an employee can show that he or she relied on the employer's promise to his or her detriment.

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True

False

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Question 7

True/False

Major Tire Inc.'s manufacturing plant in Charleston,South Carolina was destroyed when Hurricane Hazel hit the coast.The company officially closed the facility after reviewing the damage and terminated all 500 workers.The company did not give the employees 60 days' notice,and thus,it is liable under the Worker Adjustment and Retraining Notification Act.

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True

False

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Question 8

True/False

In comparison to her fellow employees,Serena is subjected to more severe disciplinary action for the same act of misconduct because she is a member of a protected group.Thus,Serena is a victim of disparate treatment discrimination.

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True

False

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Question 9

True/False

Questions asked during idle conversational chat in preemployment interviews or included on job applications may unwittingly be the basis for disparate impact discrimination claims under Title VII of the Civil Rights Act of 1964.

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True

False

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Question 10

True/False

An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act by offering a legitimate,non-discriminatory reason for the action taken against the charging party.

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True

False

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Question 11

True/False

In the context of employment discrimination remedies,punitive damages can be recovered from governmental employers.

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True

False

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Question 12

Multiple Choice

Which of the following is the function of a motion for summary judgment?

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If a party wins a motion for summary judgment, the case is remanded to a lower court.

If a court grants a motion for summary judgment, it means that it has determined that there is a need for the case to proceed to trial.

If a court grants a motion for summary judgment, it means that it will determine the issues and grant a judgment in favor of one of the parties.

If a party wins a motion for summary judgment, it means one of the parties did not like the facts found in the court and may appeal based on errors of law.

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Question 13

Multiple Choice

Marc,an African-American,is a chemical engineer with a graduate degree from a reputed university.He applied for the position of an industrial chemist at Verono Company.Although he was qualified for the job and performed well in the job interview,he was not offered the position.Marc saw the job advertised again in the newspaper two weeks after he was rejected.Which of the following holds true in this scenario?

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Marc does not have a cause of action as stare decisis cannot be applied for such cases.

Marc can offer evidence to satisfy the elements of a prima facie case of disparate treatment.

Marc can seek remedy under the bona fide occupational qualification defense.

Marc is not eligible to file a discrimination claim under Title VII of the Civil Rights Act of 1964.

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Question 14

Multiple Choice

Which of the following best relates to the employment-at-will doctrine?

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An employer is free to discriminate against employees based on their gender, race, religion, or national origin.

Highly paid skilled workers in building and construction trades can pass their jobs on to a family member when they retire.

An employer can terminate an employee for any reason as long as the reason is not prohibited by law.

A government employee usually loses his or her constitutional rights when on the job.

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Question 15

Multiple Choice

Courtney was a permanent employee at a public elementary school and had been working in the school's administrative department for more than two years.She worked for close to 30 hours a week.Her supervisor,along with a few other administrative workers,routinely took stationery and other supplies home for personal use.After Courtney reported the theft to the police and local newspaper,she was fired from her job without being given a notice.Which of the following is true in this scenario?

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Courtney does not have a cause of action for wrongful discharge.

Courtney may have a cause of action pursuant to the whistle-blower protection statutes.

Courtney is an at-will employee and can be terminated at any time for any reason.

Courtney cannot sue her employer for retaliatory discharge as she is not engaging in a protected activity.

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Question 16

Multiple Choice

Jonas was employed by Barker Apparel as a sewing machine repairman in one of the company's manufacturing plants.He,along with 500 other employees,was informed that the plant had been permanently shut down through a written notice on the manufacturing unit's gate when he arrived at work one day.In the context of Worker Adjustment and Retraining Notification (WARN)Act,which of the following statements is true?

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Jonas can file a retaliation claim against the employers.

Jonas has no recourse because he does not belong to a protected group.

Jonas can recover pay and benefits for the next 60 days.

Jonas has no recourse because this does not constitute employment discrimination.

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Question 17

Multiple Choice

Constructive discharge exists when an:

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employee sees no alternative but to quit her or his position; that is, the act of leaving was not truly voluntary.

employer terminates a group of employees together for a legitimate, non-discriminatory reason.

employee is fired for engaging in constitutionally protected activities.

employer terminates an employee after providing 90 days' advance notice.

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Question 18

Multiple Choice

According to the Worker Adjustment and Retraining Notification (WARN)Act, _____ .

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all but small employers and public employers are required to provide written notice of a plant closing or mass layoff no less than 60 days in advance.

employers who have less than 500 full-time employees are not covered under the act.

employers are not required to give an advance notice in case of mass layoffs.

all actions arising out of a natural disaster such as a flood, earthquake, or drought require an employer to provide 60 days' advance notice to the employees.

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Question 19

Multiple Choice

Akira resigned from her position as a floor supervisor at Peter's Department Store.The store manager falsely told the other employees that Akira had been fired for coming to work drunk.He also communicated the same information to someone calling to verify Akira's previous employment with Peter's Department Store.Which of the following is true about this scenario?

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Akira has no recourse against her former employer because she voluntarily resigned from her job.

Akira was an at-will employee and therefore has no cause of action against Peter's Department Store.

Akira may have a cause of action against Peter's Department Store for defamation.

Akira may have an employment discrimination claim under Title VII of the Civil Rights Act of 1964.

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Question 20

Multiple Choice

Sarah was employed at Carvon Printing Company as a marketing executive.The company wanted to fire her because some senior employees did not want work with a female employee.To avoid being sued for wrongful termination,Sarah's supervisors started pressuring her with tight project schedules and isolating her from meetings and other office events.When the working conditions were made intolerable to an even greater extent,Sarah decided to quit her job.In this scenario,Sarah:

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has a valid claim under the bona fide occupational qualification defense.

has a valid claim for constructive discharge.

cannot sue the employer because she voluntarily quit her job.

cannot sue the employer because she was an at-will employee.

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