Business Law Quiz (24 questions)

In terms of medical examinations:

1. a company may require a medical examination before an offer of employment is extended.
2. a company may require a medical examination after an offer of employment is extended.
3. both a and b.
4. companies may not require medical examinations at any time relating to employment.

Which of the following is not a defense available to employers when defending against industrial accidents?

1. comparative negligence.
2. contributory negligence.
3. assumption of risk.
4. all the above.

Mike wants a divorce. He has read in a magazine that men tend to get more favorable settlements when they have a female attorney. Mike goes into a large firm with a 13 member domestic relations department (8 men and 5 women) and asks to speak with female attorneys only. If the law firm complies with his request:

1. there may be a Title VII gender discrimination issue because the firm might be construed as hindering the opportunities of male attorneys.
2. there is no discrimination because the customer/client has stated a valid reason
3. there is no discrimination because the law is still a predominantly male dominated industry so males have no standing to sue in this situation.
4. there may be a Title VII issue based on gender-plus discrimination issues.

Lori works for a national restaurant chain and has been discriminated against by her employer.

1. Lori must first bring her action through the EEOC.
2. Lori must first bring her action through the appropriate state court.
3. Lori must first bring her action through the appropriate federal court.
4. Lori has the option of initiating her claim through either the EEOC or a state or federal court..

Kelly was the victim of sex discrimination at work. After exhausting her administrative remedies she sued for relief in federal court. She

1. would be entitled only to compensatory damages.
2. would be entitled, at most, to injunctive relief.
3. would be entitled to make-whole relief, as well as compensatory damages and punitive damages, if she won her suit.
4. was not entitled to a jury trial, and her relief is limited to make-whole and injunctive relief.

An employer who fails to properly investigate potential employees may be liable to injured third parties under the following legal theory:

1. OSHA
2. Workers Compensation
3. Negligent Hiring
4. Assault

Under the ADA, an individual

1. is disabled if the individual has an impairment that substantially limits one or more of the major life activities.
2. is disabled only if the individual has an impairment that substantially limits all major life activities.
3. Is disabled if he suffers from any medically recognized disorder.
4. Is presumed to be disabled unless an employer, or prospective employer can prove otherwise.

In order to be afforded constitutional and/or statutory protections, the complainant must:

1. be a member of an organized religious denomination.
2. be a member of a religious denomination that the employer is familiar with.
3. show a sincerely held religious belief even without proving membership in a specific religious denomination.
4. none of the above.

The ADEA

1. protects all individuals against age discrimination.
2. protects all employees who are at least 40 years of age, against age discrimination.
3. protects all employees who are less than 40 years of age, against age discrimination.
4. protects all employees who are between the ages of 40 and 70.

The Family and Medical Leave Act applies to:

1. all employees of all businesses.
2. employees who have worked for a company for 12 months, regardless of hours worked.
3. employees who have worked for a company for 12 months, and have worked a minimum of 1250 hours during that time.
4. employees who have worked a total of 1250 hours, regardless of the duration of their employment.

The Civil Rights Act of 1964

1. amended the Civil Rights Act of 1866 to permit jury trials in employment discrimination cases.
2. brought an end to the Vietnam war.
3. created the legal basis for nondiscrimination in housing, education, public accommodations, and employment.
4. overruled Brown V. Topeka Board of Education.

Title VII protections apply to:

1. managerial employees.
2. non-managerial salaried employees.
3. hourly wage employees.
4. all of the above.

For hostile environment sexual harassment to exist, the offending activity:

1. must occur at least yearly over a five year period.
2. need only occur once.
3. must be frequent and/or intensely offensive.
4. frequency is not a necessary criterion regarding hostile environment sexual harassment.

Title VII

1. prohibits discrimination and affirmative action.
2. prohibits discrimination but requires reverse discrimination.
3. prohibits discrimination and requires affirmative action.
4. prohibits discrimination and permits affirmative action.

Acir Manufacturing Company runs a plant in the worst part of town. Despite adequate lighting and security patrolling the parking lot, it is still considered very dangerous to walk to or from your car at night. The plant operates 3 shifts and is open 24 hours a day. Due to the high risk, women are only hired for the 8:00 am to 4:00 pm shift.

1. the company has a right, if not a duty, to maintain this hiring policy to protect its female employees.
2. women should be at home at night so no true discrimination exists.
3. since the hours don’t relate to a true ability to do the job, Acir is discriminating.
4. safety, in terms of walking through the parking lot, is a valid BFOQ of the job so there is no discrimination.

Go Orange Electronics has been manufacturing computers since 1979. It employs approximately 2700 employees. In 1987, the company’s EEO Department advised management that 97% of the company’s supervisors were White, although the company’s workforce was 38% other than White. The company decided to implement a voluntary affirmative action plan which would reserve 25% of each supervisory training class for blacks and other minorities until such time as the percentage of minorities that were supervisors was representative of the available minorities in the local labor force.

1. this affirmative action plan is illegal because sets a quota for the number of minorities allowed in the class
2. this affirmative action plan is illegal because it discriminates against white men.
3. this affirmative action plan is legal because it is temporary, doesn’t unnecessarily infringe on the rights of white employees, and is designed to eliminate the racial imbalance in supervisory positions.
4. this affirmative action plan is legal because it only sets aside 25% of the class for minorities.

An employee unreasonably detained during a search by a private employer

1. may have a viable cause of action against the employer for defamation.
2. may have a viable cause of action against the employer for assault.
3. may have a viable cause of action against the employer for battery.
4. may have a viable cause of action against the employer for false imprisonment.

An accommodation, under ADA, is reasonable if:

1. it is feasible.
2. it has been provided by other employers.
3. it does not cause a burden on the employer.
4. it does not cause an undue burden on the employer.

Which of the following is not a belief that may require accommodation by the employer:

1. being a vegetarian.
2. wearing a required head covering.
3. refusal to work on the Sabbath.
4. all of the above may rise to the level of requiring an accommodation.

An employer’s duty to accommodate the religious practices of an employee is limited by

1. the concepts of reasonableness and undue hardship.
2. the degree to which the religion involved is widely recognized.
3. the First and Fourteenth Amendments to the U.S. Constitution.
4. the Free Exercise Clause.

Peter is a 65 year old black man. He is a licensed pilot and is in perfect health. Peter has applied to Flying High Airlines, and his application has been rejected.

1. if he can show that the job remained open after his rejection, disparate treatment can be shown.
2. Flying High has the right to hire anyone that they please because it’s a private company.
3. Flying High will not have been deemed to have discriminated against Peter if they can evidence a valid BFOQ that disqualifies Peter.
4. disparate treatment is automatically evidenced because Peter belongs to a protected group.

In terms of sexual harassment, an employer is liable for the following:

1. acts of a supervisory employee only should the employer know or should have known that harassment was occurring.
2. acts of a supervisory employee whether or not the employer knew or should have known that harassment was occurring.
3. acts of a non-supervisory employee whether or not the employer or should have known that harassment was occurring.
4. employers are always liable for any sexual harassment that occurs regardless of who the harasser is or what they knew or should have known.

Simone is the only female marketing manager at the Aged in Oak Distillery. The other managers constantly referred to her as their “chicky-babe.” Additionally, they left nude pictures on her desk and sent her vulgar emails. When she went to the bathroom, they would follow her, pretending to go in behind her. David, the worst offender, would intentionally rub up against Simone when he passed her in the hall. Simone complained to the Vice-President of Human Resources and he told her that the guys were just having a little fun and to be a good sport

1. Aged in Oak is not liable for sexual harassment because Simone did not file a formal complaint.
2. Aged in Oak is liable for quid pro quo sexual harassment.
3. Aged in Oak is liable for hostile work environment sexual harassment.
4. Aged in Oak is not liable for sexual harassment because none of the men were her supervisor.

The practice of hiring only one’s family members or the family members of current employees is

1. venue recruiting.
2. nepotism.
3. promoting from within.
4. despotism.