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- 1. t fhome / study / questions and answers / business / operations management / these questions are true or false question 1 yellow ... Your question has been answered! Rate it below. Let us know if you got a helpful answer. Question THESE QUESTIONS ARE TRUE OR FALSE QUESTION 1 Yellow dog contracts are agreements employers require employees to sign promising not to strike. True False 1 points QUESTION 2 If during a strike, the employer replaces striking workers with new employees, all economic strikers have an absolute right to be reinstated if they offer an unconditional offer to return to work. True False 1 points QUESTION 3 The Taft-Hartley Act prohibits the use of closed shops where the state in which the union is located has enacted a right-to-work law. True False 1 points QUESTION 4 Midterm negotiations during the life of the contract are only permitted when approved by the National Labor Relations Board. True False 1 points QUESTION 5 After seven months of negotiation, the union representing the Trout Mfg. employees has failed to reach an acceptable collective bargaining agreement. Trout Mfg. locks out its employees. This is an unfair labor practice.
- 2. True False 1 points QUESTION 6 Judges cannot restrain any strike, regardless of its objective, and cannot restrain picketing activities. True False 1 points QUESTION 7 When determining the essential functions of a job, an employer must look to the desired outcome, not the means by which the outcome will be achieved. True False 1 points QUESTION 8 If an employee needs an accommodation and the cost constitutes an undue burden, the employer must give the employee the option to pay part of the cost of the accommodation. True False 1 points QUESTION 9 The essential functions of a job include all tasks that may or may not be necessary to be completed as part of the job. True False 1 points QUESTION 10 The IRS provides tax credits and deductions to eligible small businesses that suffer a financial burden providing accommodations. True False 1 points QUESTION 11 In a disparate treatment case of disability discrimination, the employer can defend with a bona fide occupational qualification.
- 3. True False 1 points QUESTION 12 The Americans with Disabilities Act includes a specific list of impairments that are required to be treated as disabilities. True False 1 points QUESTION 13 COBRA gives qualified participants and beneficiaries the right to continue to receive health insurance benefits at the employer's expense after a change in circumstances such as termination or divorce for up to 18 months. True False 1 points QUESTION 14 Zola is a dancer at the Silver Fox gentleman's club. According to the ruling in Reich v. Circle C. Investments, Inc., she is an independent contractor and her employer is exempt from the FLSA. True False 1 points QUESTION 15 Under HIPAA, an employer may not request medical documentation to confirm illness pursuant to an employee's request for FMLA leave. True False 1 points QUESTION 16 Andrea is a 1st grade teacher. She is new to the job and usually works until 5:30 p.m. every evening to prepare her lesson plans for the following day. Andrea is not paid overtime pay and her employer has violated the FLSA. True False 1 points QUESTION 17
- 4. When OSHA issues citations or penalties for workplace safety violations, employers can challenge the citation or penalty directly in Federal District Court. True False 1 points QUESTION 18 Anthony has gotten a job delivering newspapers. He is 13 years old. The City News has not violated the child labor laws. True False 1 points QUESTION 19 When the government infringes on a fundamental right, the government must have a compelling state interest. True False 1 points QUESTION 20 Private sector employees can sue their employers based on state tort law as well as for violation of their constitutional right to be free from unreasonable search and seizure. True False 1 points QUESTION 21 As noted in Griswoldv.Connecticut, a citizen's right to privacy is explicitly guaranteed in the U.S. Constitution. True False 1 points QUESTION 22 Paul is a nurse at a private hospital. He runs a pornographic website from home. The hospital fires Paul when it discovers Paul's moonlighting activities. The hospital was concerned about Paul's activities reflecting poorly on the hospital. Paul has no recourse against his employer. True False 1 points
- 5. QUESTION 23 Tanya has told a number of coworkers about her intimate liaisons with clients of the firm. Her supervisor has heard some of these stories secondhand. In Tanya's next performance review, her supervisor notes these in the review as potential dangers to the company. Tanya believes that the performance review, which will be viewed by higher-ups in the company, makes her appear to be a woman of loose morals. Her employer is probably safe from liability arising out of the tort of publication in a false light. True False 1 points QUESTION 24 Employers may use employees' medical records, without consent, in making employment decisions under HIPAA. True False 1 points QUESTION 25 Emails sent by an employee on company time with content that constitutes sexual harassment is discoverable by the opposing party against the employer in litigation. True False 1 points QUESTION 26 42 U.S.C. sec. 1981 does not apply to claims for national origin discrimination. True False 1 points QUESTION 27 A professor who speaks fluent English may be fired if his or her accent is so severe that students cannot understand what the professor is saying. True False 1 points QUESTION 28 All federal employment discrimination statutes, except the Rehabilitation Act, have affirmative action requirements.
- 6. True False 1 points QUESTION 29 An employee who brings a case of discrimination based on race under Title VII is automatically considered to bring a case based on color. True False 1 points QUESTION 30 An employee will have a claim for national origin discrimination if she or he is treated differently at work because he or she is married to a person of a certain ethnic heritage. True False 1 points QUESTION 31 An employer can be subjected to liability for defamation for including false and defamatory statements in an employee's performance appraisal if that information is communicated to a third party and it harms the employee's reputation. True False 1 points QUESTION 32 An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act by offering a legitimate, nondiscriminatory reason for the action taken regarding the charging party. True False 1 points QUESTION 33 An employer is vicariously liable for the actions of an employee causing harm to a third party outside the course of employment. True False 1 points QUESTION 34
- 7. As a carpenter, Millie Mandel, a woman, is a member of a group defined by a protected trait (sex) that has been traditionally underrepresented in her union's apprenticeship program. However, Millie has not been a victim of sex discrimination by the union. Therefore, Millie is excluded from enjoying the benefits of any affirmative action plan designed to redress the historical under representation of women in the union's carpenter apprenticeship program. True False 1 points QUESTION 35 Colton Manufacturing shuts down 3 manufacturing facilities without prior notice to its 3000 employees. Colton has graciously offered to provide outsourcing assistance to its displaced employees and informed them of their right to continue to receive health insurance coverage through COBRA for eighteen months. Colton has no further liability to its former employees. True False 1 points QUESTION 36 Comparable worth claims, under Title VII, have generally been successful in the federal courts. True False 1 points QUESTION 37 Conrad Parker owns Inner Serenity Salon and Day Spa. He also sells a line of cosmetics called Conrad Parker. Conrad requires all makeup artists to wear black. The men must wear black pants and black T-shirts. The women must wear black skirts, black sweaters and high heeled shoes. Conrad believes that the makeup sells better if the females are dressed in a feminine way. He fired Selena for wearing pants to work. She will win her gender discrimination lawsuit. True False 1 points QUESTION 38 EEOC created a special classification, "Code Z", to designate complaints from undocumented workers regarding workplace abuses. True False 1 points
- 8. QUESTION 39 Employers can bar women from working in certain areas of the facility in order to guard against potential harm to an unborn fetus or to a female's reproductive organs without incurring liability for gender discrimination. True False 1 points QUESTION 40 Employers should not ask about gender on an application unless the information is necessary for a bona fide occupational qualification. Solution 1. True Yellow dog contracts are agreements employers require employees to sign promising not to strike 2. True If during a strike, the employer replaces striking workers with new employees, all economic strikers have an absolute right to be reinstated if they offer an unconditional offer to return to work. 3. False The Taft-Hartley Act doesn’t prohibit the use of closed shops where the state in which the union is located has enacted a right-to-work law. 4. False Midterm negotiations during the life of the contract are permitted when not approved by the National Labor Relations Board. 5. False After seven months of negotiation, the union representing the Trout Mfg. employees has failed to reach an acceptable collective bargaining agreement. Trout Mfg. locks out its employees. This is a fair labor practice. 6. True Judges cannot restrain any strike, regardless of its objective, and cannot restrain picketing activities. 7. False When determining the essential functions of a job, an employer must look to the desired outcome, but also the means by which the outcome will be achieved.
- 9. 8. True If an employee needs an accommodation and the cost constitutes an undue burden, the employer must give the employee the option to pay part of the cost of the accommodation. Note: Please be specific to the question that need to be answered.