Hrm 510 week 11 final exam – strayer new

HRM 510 Week 11 Final Exam – Strayer New
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Chapters 8 Through 19
CHAPTER 8 AFFIRMATIVE ACTION
Online Quiz Questions
MULTIPLE CHOICE QUESTIONS
1. Affirmative action is:
a. a quota system for minorities to overcome past discrimination
b. illegal
c. legal only if court ordered
d. none of these
2. Executive Order 11246 requires:
a. compliance with all other Executive Orders
b. inclusion of an anti-discrimination clause in a contractor’s contract
c. that publicly-traded companies hire women and persons of color
d. none of these
3. If the parties to a discrimination suit agree to settle, they may enter into:
a. a long term supplier contract
b. a court battle
c. conciliation services
d. a consent decree
4. Regarding “reverse” discrimination, it is correct to say that:
a. It is a controversial subject.
b. Usually a white person believes he was passed over because of
affirmative action.
c. It has been the subject of lawsuits.
d. All of these
5. According to the EEOC guidelines, a good Affirmative Action Plan requires
all of these EXCEPT:
a. a reasonable basis for concluding that action is appropriate
b. a reasonable self-analysis
c. reasonable action
d. a reasonable review of applicant files

6. Match each term to its correct definition.
Affirmative action a management tool designed to ensure equal
employment opportunity
Strict scrutiny the most stringent form of judicial review of
government actions
Self-analysis analyzing one’s workforce and identifying
problem areas
Compelling governmental interest an abiding interest which stands as a defense to
a constitutional challenge
Underutilization this is demonstrated when the percentage of
women and minorities in the employer’s
workforce is less than the percentage of such
persons with the necessary skills for the job
CHAPTER 8
AFFIRMATIVE ACTION
1. When individual job titles are listed for each department in order of pay level
and demographic information is provided for each job, this is called a/an:
a. workforce analysis
b. organizational profile
c. job group analysis
d. organizational display
2. Affirmative action:
a. is primarily applied to hiring decisions
b. is limited to African-Americans and women
c. includes any formal or informal efforts to improve the employment
opportunities of African-Americans and women
d. all of the above
e. none of the above
3. Written affirmative action plans, submitted to the OFCCP, are required of
contractors or
subcontractors:
a. with 10 employees and $10,000 in federal contracts
b. with 25 employees and $25,000 in federal contracts
c. with 50 employees and $50,000 in federal contracts
d. with 100 employees and $100,000 in federal contracts
e. none of the above, all companies doing federal contract work must
have written affirmative action plan that is submitted to the OFCCP

4. Which of the following is a law requiring certain employers to engage in
affirmative action?
a. Title VII of the Civil Rights Act
b. The Rehabilitation Act
c. California’s Proposition 209
d. all of the above
5. Which of the following is not considered to be a reasonable part of a valid
affirmative
action plan?
a. all employment test scores are validated
b. a stated plan to hire a particular number of black, white, male,
female…etc. employees in order to remedy an existing imbalance or
injustice
c. wide communication of job availability
d. active enforcement of anti-discrimination policies
e. active enforcement of anti-harassment policies
6. Consent decrees:
a. sometimes require affirmative action as a part of the settlement in a
discrimination case
b. are issued by judges after a jury verdict following a lawsuit
c. require employers to agree to hire specified numbers of women and/or
persons of color
d. all of the above
7. In Johnson v. Transportation Agency, Santa Clara County, a female employee
was promoted to the position of road dispatcher, despite the fact that a male
candidate had scored two points higher on an interview. The county had an
affirmative action plan and the plan was taken into account in making the
promotion decision. The Supreme Court ruled that:
a. the employer did not violate Title VII because it had an affirmative
action plan requiring it to hire a woman for the position
b. the employer did not violate Title VII because it had an affirmative
action plan that addressed the proven underutilization of women in a
moderate, flexible way
c. the employer violated Title VII because, despite its affirmative action
plan, it was not free to hire a less qualified candidate because of her
sex

d. the employer violated Title VII because there was no evidence of
underutilization of women in the county workforce, requiring
affirmative action
8. A school district had to decide which of two equally qualified, equally senior
employees to lay off. Invoking its affirmative action plan, the district retained
an African-American and laid off the white teacher. The court would rule
that:
a. Title VII was violated because there was no evidence that African-
Americans were underutilized as teachers and affirmative action
cannot be used to make layoff decisions
b. Title VII was violated because diversity is not a compelling
government interest necessitating consideration of race
c. Title VII was not violated because using race as a “tie-breaker” is a
lawful form of affirmative action
d. Title VII was not violated because the school district demonstrated that
the layoff was the only way to maintain a faculty that reflected the
racial composition of the student body
e. Title VII was not violated because the layoff was only temporary and
did not excessively burden the white teacher
9. To survive a constitutional challenge, a public employer’s affirmative action
plan that uses racial preferences must:
a. explain why the racial inequities occurred
b. be permanently implemented
c. be narrowly tailored
d. be approved by Congress
e. all of the above
10. In order to prove that underutilization exists, it must be shown:
a. by the four-fifths rule, that women or persons of color are
disproportionately absent from a position
b. that women or persons of color are underrepresented in the employer’s
workforce relative to their availability in the relevant labor market
c. that intentional discrimination is the reason that women and persons of
color are not adequately represented in the employer’s workforce
d. all of the above
11. Vietnam era veterans are included as a protected group under affirmative
action:
a. when employers enter into federal contracts or subcontracts worth
$10,000 or more
b. when employers enter into federal contracts or subcontracts worth
$25,000 or more

c. when employers enter into federal contracts or subcontracts worth
$50,000 or more
d. automatically in any federal contract regardless of size
12. In Lomack v. City of Newark, the newly elected mayor decided to eliminate all
single-race fire companies to improve morale. Dozens of firefighers were
involuntarily transferred based on their race, and several sued, alleging a
violation of Title VII. At the time, the city was operating under a consent
decree requiring that it undertake certain measures to hire minority
firefighters. What did the court decide, and what was its reasoning?
a. because of the consent decree, the city was compelled to diversify its
fire companies, so the transfers complied with affirmative action, and
did not violate Title VII
b. because its overall goal was to treat all firefighters equally, the
transfers did not violate Title VII
c. even though the consent decree required certain affirmative steps to
hire minority firefighters, it was permissible under Title VII
d. the decisions to transfer were based on race, in violation of Title VII,
and the consent decree did not require or condone such transfers
13. In Reilly v. TXU Corp, an employee sought promotion to manager.
Requirements for the job included a graduate business degree and 5 to 7 years
of sourcing-related experience. The employee met the requirements, and
received the highest score on a panel interview. Shortly after, the promoting
manager received an inquiry from an African American woman. The HR
Department determined that the woman was qualified, even though she did not
have 5 years of sourcing experience. She received the promotion, and the
employee sued. Which of the following statements is true?
a. the African-American woman was qualified, and met the requirements
for the position
b. the hiring manager’s decision may have been influenced by the fact
that she was in charge of the firm’s diversity program, but had no
minority employees working for her
c. the employee and the African-American woman scored similarly on
the interview
d. all of the above
f. b and c only
14. Your company sells office supplies, and your CEO has finally succeeded in
acquiring a contract to provide supplies to the federal government for the next
year. This is a huge client for your company, worth in excess of $3 million
dollars. Aside from increasing purchasing and production, what does your
company need to do?
a. agree to hire a certain percentage of persons of color and women
before the contract takes effect
b. prepare an affirmative action plan

c. not discriminate in your workplace
d. all of these
e. b and c
15. Court-imposed affirmative action is:
a. common
b. uncommon
c. non-existent; all affirmative action is voluntary
d. none of these
16. “Reverse” discrimination means:
a. establishing quotas for the hiring of women and persons of color
b. disparate treatment
c. disparate impact
d. none of these
17. Your firm’s contract to sell office supplies to the federal government requires
that you hire only subcontractors who agree not to discriminate, and include a
nondiscrimination clause in their contracts with you. You’ve done a thorough
investigation of the firms out there who could fulfill your needs for particular
office supplies, and there is one who is significantly less expensive than all of
the others. However, that firm has a well-known reputation for discriminating
against African-Americans. Your profit margin is already quite small for this
project, and you worry about making any money at all. Which of the following
is/are acceptable option(s), and why?
a. hire the firm that’s cheaper, even though they discriminate, because
they’ll agree to put the clause in their contract, and that’s all you need;
besides, you can’t afford to lose the government business
b. don’t hire the firm that’s cheaper, because it would disqualify your
firm from the government contract if the government found out
c. talk to the firm that’s cheaper, and try to persuade them to actually
comply with a non-discrimination standard; then monitor the situation
to ensure that they do, because its in both your interests
d. negotiate with other, non-discriminating suppliers on their prices to see
if you can match the price of the discriminating supplier
e. b, c and d
18. Your friend and former college roommate, David, has just been hired to
manage a small, family-owned business because the owner has fallen ill, and
none of his children are yet ready to assume leadership of the business. David
has hiring and firing authority (except for the owner’s children), and wants to
expand and diversify the sales staff, by hiring women and persons of color.
There are 3 openings. What would be your best advice to him to accomplish
his goals?

a. David should hire the only qualified women and/or persons of color, in
order to achieve diversity
b. David should prepare an affirmative action plan, after doing a self-
analysis which establishes an underutilization of women and persons
of color in the relevant labor market, and then advertise the open
positions
c. David should hire the first qualified candidates he finds, regardless of
gender or race
d. none of these would be good advice
19. Affirmative action may be used on behalf of all of the following groups
EXCEPT:
a. African-Americans
b. women
c. Pacific Islanders
d. disabled persons
e. none; affirmative action may be used for all of these groups
20. Regarding Affirmative Action plans, which of the following is true?
a. it may be used to remedy a “manifest imbalance”
b. the imbalance must meet the four-fifths rule
c. the imbalance must have resulted from past discrimination
d. all of these are true
ESSAY QUESTIONS
1. Why is each of the following good legal advice?
a. Federal contractors and sub-contractors with at least 50 employees and
contracts worth at least $50,000 must develop written affirmative action plans
addressing employment of women and minorities and submit them to the
OFCCP within 120 days of their contracts commencing.
.
b. Employers wishing to consider protected class characteristics in order to
enhance the utilization of women and persons of color must have valid
affirmative action plans in place.

c. Employers should maximize the use of improvements in recruitment,
selection, training, development, and organizational climate before
considering hiring and promotion preferences.
d. Affirmative action must never be used as a basis for making discipline and
termination decisions.
e. All affirmative action plans should include the results of a reasonable self-
study, an analysis of underutilization establishing the basis for affirmative
action, and reasonable actions to improve the utilization of women and
persons of color.
2. There is a perception among some that affirmative action results in quotas and
reverse discrimination. Discuss the justification for affirmative action and
whether affirmative action indeed results in quotas and reverse discrimination.
CHAPTER 9 HARASSMENT
1. Regarding harassment, which of the following statements is true?
a. Sexual harassment is the only kind of harassment.
b. Sexual harassment is the most common type of harassment.
c. The liability of the employer is the same no matter the type of
harassment.
d. b and c
2. The necessary elements to establish a claim of harassment include all of the
following EXCEPT:
a. The harassment was based on a protected class characteristic.
b. The harassment resulted in tangible employment action or created a
hostile environment.
c. The harassment was welcome.
d. All of these are necessary elements of the claim.
3. Hostile environment claims can result from:
a. verbal conduct

b. physical conduct
c. displays of images
d. all of these
4. Employer liability for harassment may be avoided if:
a. The harassment resulted in a tangible employment action.
b. The employer took reasonable care to prevent and correct harassment.
c. The employee did not take advantage of corrective opportunities.
d. b and c
5. An employer’s remedies for a claim of harassment may include all of these
EXCEPT:
a. immediate temporary action on receipt of a complaint of harassment
b. long-term remedial measures depending on the outcome of the
investigation
c. a fair investigation, not one with a pre-determined outcome
d. a transfer of the harassed employee
severe or pervasive a hostile environment created by a serious one-time
event or a frequent, continuing series of events at work
unwelcome not solicited or provoked
hostile environment this interferes with a person’s work performance
vicarious liability pursuant to this principle, the employer is liable for the
acts of a harassing employee
investigation an examination of the circumstances surrounding events
described in an harassment complaint
CHAPTER 9
HARASSMENT
1. Which of the following is true of harassment?
a. almost all harassment cases involve sexual harassment
b. harassment is legally actionable because it is a form of discrimination
c. harassment claims are rarely brought by men
d. a and b

e. all of the above
2. Which of the following is a necessary element of a sexual harassment claim?
a. the harasser intended to inflict emotional distress and embarrassment
on the victim
b. the sex of the harasser differed from the sex of the victim
c. the harassment was unwelcome
d. the harasser made a sexual advance or requested a sexual favor
e. all of the above
3. In the case of “equal opportunity harassers” who harass both men and women,
the courts tend to rule:
a. for the harasser, because the harassment is not because of sex
b. for the harasser, because harassment is not proven in that circumstance
c. for the victim of the harassment, because the harassment is because of
sex
d. for the victim of the harassment, because harassment is proven
generally
4. In the case in which a woman ended an affair with her male supervisor, and
began to receive poor performance appraisals from him, the court ruled on her
Title VII harassment claim:
a. for the woman, based on sexual harassment
b. for the woman, because of the affair
c. for the employer and supervisor because the poor performance
appraisals were not the result of harassment, but of the relationship
having gone sour
d. for the employer and supervisor because the poor performance
appraisals were the result of the woman’s poor work performance
5. Regarding the “severe” or “pervasive” standard for assessing harassment
cases, which of the following statements is NOT true?
a. to prove harassment, the plaintiff must show that the conduct
complained of was both severe and pervasive, unless it occurred
outside work
b. to prove harassment, the plaintiff must show that the conduct
complained of was severe or pervasive
c. the degree of severity required is in inverse proportion to its
pervasiveness
d. none of these
6. Which of the following is true regarding the role of conduct outside of the
workplace in harassment cases?
a. employers cannot be held liable based on harassing conduct that occurs
outside of the workplace

b. the sexual activities of persons who allege harassment will be
examined in order to determine whether the treatment received was
unwelcome
c. the marital statuses of the plaintiff and the alleged harasser will be
taken into account in determining whether harassment occurred
d. all of the above
7. Employers are vicariously liable for harassment when:
a. a hostile environment is created by a top official
b. harassment by a supervisor results in a tangible employment action
c. a supervisor creates a hostile environment and the employer does not
have a sexual harassment policy or reporting procedure
d. all of the above
8. Which of the following is part of the “affirmative defense” available to
employers in certain hostile environment cases
a. the employer exercised reasonable care to prevent and correct
promptly any harassment
b. the employer knew or should have known about the harassment
c. the employee failed to take advantage of preventive or corrective
measures provided by the employer
d. a and c
e. b and c
9. The primary difference between harassment that results in tangible
employment action and harassment that creates a hostile working environment
is:
a. the level of proof required in the prima facie case for harassment that
results in tangible employment action
b. the availability of a rebuttal to the plaintiff if the employer proves a
reason for the hostile environment
c. the criteria for proving harassment that results in a tangible
employment action is less stringent
d. the criteria for finding employers liable differs depending on the
outcome of the harassment
10. Which of the following should be included in an employer’s policy prohibiting
harassment?
a. assurance that employees reporting harassment will be protected from
retaliation

b. assurance of strict confidentiality in handling harassment complaints
c. a clear and accessible procedure for reporting harassment
d. a and c
e. all of the above
11. Regarding harassment, which of the following statements is NOT true?
a. harassment is a serious problem in the workplace
b. the definition of harassment under Title VII includes mistreatment and
abuse of employees generally
c. the definition of harassment under Title VII does not include
workplace bullying
12. If an employee is subject to severe harassment, and quits his position to escape
it, the court will likely rule:
a. that because he quit, no tangible employment action can be proven
b. that the quit is a constructive discharge, which constitutes a tangible
employment action if it results from a demotion or pay cut
c. that a hostile environment is presumed, but that the employee waived
the right to sue when he left
d. none of these
13. In a case in which the employee claimed harassment by her supervisor in
which he altered her work her work hours with the knowledge that doing so
would adversely affect her hypoglycemia; frequently stood at her desk and
stared angrily at her; startled her by pounding on her desk with his fist;
criticized her work unfairly; and yelled at her in front of co-workers, the court
ruled that:
a. no sexual harassment was proven, because no demand for sexual
favors was made
b. no sexual harassment was proven, because no hostile environment was
created
c. a hostile environment was created by the supervisor’s conduct
d. no harassment could be proven without verbal or physical conduct of a
sexual nature
14. The plaintiff in a harassment case must prove:
a. the harassment was because of sex
b. the harassment was directed toward a protected class
c. the harassment was unwelcome
d. all of these

e. only b and c
15. When a female supervisor demands sexual favors from a male employee so
that he can keep his job or get a raise, it is called this:
a. same sex harassment
b. quid pro quo harassment
c. severe or pervasive harassment
d. cruel and unusual harassment
16. As the Assistant Human Resources Manager, you have learned from another
employee that a co-worker is being harassed by her supervisor. Assuming
your firm has no anti-harassment policy, what should you do?
a. nothing unless the victim herself files a claim, because there is no anti-
harassment policy, so you have no authority in the matter
b. investigate the claim and report the harassment to your superiors
c. create and enforce an anti-harassment policy for your firm
d. offer to transfer the employee to another job
e. b and c
f. b, c and d
17. Your co-worker, a new employee, is painfully shy. She works, as you do, as a
clerical assistant to an architect in the firm you both work for. Her architect, a
boorish male with a foul mouth and grabby hands, has had trouble keeping an
assistant, and you know why. But even though this fellow has continued in his
usual behavior, applying it now to her, she seems to be unable to decide what
to do, and seeks your advice. Knowing how these cases are decided, what
would be the best advice you could give her?
a. she should say nothing; just keep working, and do a good job
b. she should act friendly, but refuse his advances
c. she should tell him she’s not interested, and just wants to work
d. the next time he tries something, she should just punch him in the eye
18. You are a salesperson for a pharmaceutical company, a job it was difficult to
get. After you’d been there a while, there was another opening, and you
recommended your friend, Paul. He was hired, and the two of you have
enjoyed working together ever since. Recently, the secretary for the sales team
has confided in you that Paul has been acting inappropriately, and most

recently, cornered her in the supply room, and pushed her up against the wall
with his body, and caressed her with his hands. She does not know that you
recommended Paul to the firm. Of the following choices, what should you do?
a. tell her not to worry, that it will pass, because Paul is not normally like
this
b. tell her not to worry, that you’ll talk to Paul, and tell him to stop it
c. tell her to report Paul to Human Resources, and you’ll tell them you
saw it
d. talk to Paul, and tell him that if he doesn’t stop it immediately, and
apologize, you will report him to Human Resources
19. Imagine that you are the judge hearing a case for sexual harassment filed by a
woman who reports that she was forced to have sex in the workplace with her
supervisor. She admits that for some months prior to the event, she displayed
her body through seminude photos, lifted her skirt to verify an absence of
undergarments, made highly salacious comments, and offered sexual
gratification “to employees, customers, and competitors alike.” Knowing what
you know about harassment, what should you decide?
a. for the woman, because the forced sex proves harassment
b. for the woman, because her flirting did not justify the forced sex
c. for the employer, because the harassment was not unwelcome
d. for the employer, because she had a reputation for being “easy”
20. A male customer of a sports bar has taken a particular liking to one of the
waitresses, and always asks to be seated at her station, so that she will wait on
him. He has spoken to the manager of the bar, and generously tipped him to
insure that he will get her station. But the waitress does not want to wait on the
customer, because he grabs and pinches her rear, tries to tuck money down her
top, and frequently pulls her down onto his lap. She asks the bar manager not
to let him sit at her station any more, but the manager tells her it’s good money
(he does tip her well), and she should be nice to him. If she files suit for
harassment, what will the court most likely rule?
a. for the employer, because the customer does not have the power to
affect her employment status, so that his conduct cannot result in a
tangible employment action against her
b. for the employer, because the customer has not committed harassment
c. for the employee, because the customer has committed harassment
d. for the employee, because the customer has committed harassment, the
employer knew about it, and did nothing
ESSAY QUESTIONS

a. Employers are strongly advised to establish, communicate, and enforce
policies prohibiting harassment.
b. Complaint procedures should provide employees with multiple, accessible
parties to whom reports of harassment can be made.
c. Employers must respond to complaints of harassment promptly and in a
manner reasonably calculated to end the harassment.
d. Terminations or other discipline imposed against harassers must be conducted
in the same careful manner as any other terminations or disciplinary actions.
e. Care should be exercised in using transfers or reassignments to deal with
harassment.
2. How does employer liability for harassment by a co-worker or third party
compare or differ with the company’s liability for harassment by supervisors,
managers or other top officials?
CHAPTER 10
REASONABLY ACCOMMODATING DISABILITY & RELIGION
1. An employer’s obligation to “reasonably accommodate” is unique to which
protected classes?
a. gender and age
b. national origin and color
c. disability and religion
d. disability and race

2. The disability law which applies to private employers and state and local
governments is:
a. The Rehabilitation Act of 1973
b. The Americans with Disabilities Act of 1990
c. The Private Employer Disability Act of 1988
d. none of these
3. Regarding disability claims, which of the following statements is NOTtrue?
a. The ADA applies to someone who is not disabled, but is perceived as
disabled.
b. The ADA applies to someone who is not disabled, but has a record of a
disability.
c. The ADA applies to someone who is currently disabled.
d. The ADA does not apply to someone who is not disabled, but is
perceived as disabled.
4. Under the Title VII definition of religious beliefs, all of these are true
EXCEPT:
a. a belief in God or other deity is required
b. a belief in atheism and agnosticism is protected
c. the religion need not be popular or organized
d. b and c
5. If an employee states a prima facie case of failure to reasonably accommodate
religion, then the employer must prove:
a. that a reasonable accommodation was offered, but refused
b. that the accommodation would impose an undue hardship on the
business
c. that the employee does not really believe in the religion
d. a or b
Americans with Disabilities Act the disability law that applies to private
employers
The Rehabilitation Act the disability law that applies to federal public
employers
major life activities for example, seeing, speaking, breathing, lifting
essential functions the core duties which few others can perform
religious organization exemption this permits a church to hire only members of its
faith

CHAPTER 10
REASONABLY ACCOMMODATING DISABILITY AND RELIGION
1. The American’s with Disabilities Act (ADA):
a. applies to private sector employers with 15 or more employees
b. amends and supercedes the Rehabilitation Act
c. protects all disabled persons against discrimination in employment by
covered employers
d. all of the above
2. Which of the following is necessary to establish the existence of a disability
under the ADA?
a. having a physical basis for one’s impairment
b. being diagnosed with an impairment that is included on the ADA’s list
of recognized disabilities
c. receiving regular medical treatment for one’s condition
d. all of the above
3. In Ekstrand v School District of Somerset, a teacher who taught kindergarten
successfully for 5 years was assigned to a classroom without windows. She
advised the principal that she suffered from seasonal affective disorder, a form
of depression, and that she needed the natural light from a window to
counteract the disorder. She submitted a letter from her psychologist advising
of the condition and the need for natural light, but the school refused. There
was an empty classroom with a window, and another teacher had offered to
switch classrooms since she had one with a window, but the school would not
allow it. The District Court granted summary judgment to the school district,
and the teacher appealed. The Appellate Court ruled:
a. for the school district, since the teacher had not documented her need
for an accommodation.
b. for the school district, since the school district had no accommodation
to offer which did not involve an undue hardship
c. for the teacher, because she had documented her need for an
accommodation, and the school district could have made a reasonable
accommodation
d. for the teacher, because she suffered severe consequences as a result of
the school district’s failure to accommodate her disability
4. In Cloutier v. Costco, Cloutier was fired for violation of a no facial jewelry
(other than earrings) provision of the dress code. Costco was successful
because:

a. Costco had no duty to accommodate because it could not do so without
undue hardship
b. Costco made an offer to accommodate after Cloutier’s adverse
employment action and was therefore shielded from liability under
Title VII
c. the Church of Body Modification was not a recognized church so
Cloutier’s beliefs did not fall under religious discrimination requiring
accommodation
d. Cloutier’s beliefs did not include worship or recognition of a supreme
being or deity so they could not be considered religious thereby
requiring accommodation
5. An employee can be considered disabled under the ADA if:
a. she has an existing disability
b. she is erroneously regarded as being disabled
c. she is not currently disabled, but has a record of a prior disability
d. a and b
e. all of the above
6. In order to be a “qualified individual with a disability,” a disabled person
must:
a. meet the same, job-related education, skill, and background
requirements as other job candidates or employees
b. not pose a direct threat others but may pose a threat to his or her own
health
c. be able to satisfactorily perform all of the functions of a job
d. all of the above
e. none the above
7. Under the ADA, it is important that job descriptions:
a. clearly identify the essential functions of jobs
b. clearly specify how job tasks are to be carried out
c. list reasonable accommodations that are available to an employee in
this job
d. all of the above
8. Which of the following would usually be considered a reasonable
accommodation of disability?
a. providing a part-time or modified work schedule
b. relaxing a production
c. relaxing a performance standard
d. transferring essential job functions to others

9. In responding to requests for reasonable accommodation, employers should
NOT:
a. engage in an interactive process with disabled employees
b. limit medical inquiries to information needed to assess functional
limitations
c. discuss the disabled employee’s need for accommodation with other
employees
d. all of the above
10. In order to be substantially limiting, a condition must:
a. render an employee unable to perform her previous job
b. be chronic or expected to have a long-term impact on functioning
c. without the aid of any corrective devices used by the employee, make
it impossible to perform one or more major life activities
d. all of the above
11. In order to conclude that a proposed accommodation of disability would
impose undue hardship on an employer, it must be shown that:
a. the proposed accommodation would not be a reasonable one
b. the cost of the accommodation exceeds the benefits it would produce
c. the cost exceeds the general $2000 threshold specified in the ADA
d. a and c
12. Under Title VII, the concept of “religion” is limited to:
a. membership in or affiliation with an established church or
denomination
b. beliefs or practices that a church or denomination requires of its
members
c. beliefs or practices centering on the worship of a God or other deity
d. all of the above
13. As the new Human Resources Manager for Bell’s Dollar Store, you are still
getting to know your employees. One in particular has come to your attention,
because he always seems to be out in the aisles of the store, rather than at the
cashier’s desk or in the stockroom. During a routine cleaning of lockers, you
discover that several small items from store inventory were in his locker. The
items were of little value. After considering the matter, you correctly
conclude:
a. the employee has been guilty of theft, and should be fired immediately
b. the employee probably has a disorder known as kleptomania, which
compels him to take and hoard small objects; since this is a disability

under the Americans with Disabilities Act, you must decide whether
you can make a reasonable accommodation
c. the employee probably has a disorder known as kleptomania, which
compels him to take and hoard small objects; you decide to speak to
him privately, tell him he is fired, and urge him to seek help for his
condition
d. none of the above
14. Which of the following laws applies to federal employees?
a. The Disability Act
b. The Protection of Major Life Activities Act
c. The Americans with Disabilities Act
d. The Rehabilitation Act
15. Which of the following is an element of a prima facie case of failure to
reasonably accommodate religion?
a. that a specific reasonable accommodation was requested by the
plaintiff
b. that a conflict exists between a sincere religious belief or practice and
an employment requirement
c. that the requested accommodation would not impose undue hardship
d. all of the above
16. Title VII’s religious organization exemption:
a. requires religious organizations to establish BFOQs based on religion
b. exempts religious organizations from all of Title VII’s requirements
c. allows religious organizations to favor persons of the same faith for
positions that have clear spiritual functions, but not for secular
activities
d. allows religious organizations to favor persons of the same faith for
secular activities, but not for positions that have clear spiritual
functions
17. You’ve been attending the same Presbyterian Church for the last 11 years, and
the Pastor has asked you to serve as Church Secretary and manage the office.
One of your tasks will be to put together the bulletin for services each Sunday,
but you’d also like to create a website for the church. When you tell the
Pastor, he thinks it’s a wonderful idea, and sets aside some money to pay for
the creation of the church’s website. After a diligent search for qualified
candidates, you’ve come up with two. The only trouble is that the best
candidate is not Presbyterian, but Anglican. Can you hire her?
a. no; because this is a Presbyterian Church, you must hire a Presbyterian
b. yes; Title VII contains an exemption for religious bodies who hire for
secular positions

c. yes; Title VII is not relevant. Although most churches prefer to hire
members of their own flock even for secular positions, there is no
requirement to do so.
d. none of these
18. Regarding the HIV status of employees in most jobs, which of the following is
NOT correct:
a. an employee who is HIV positive is a direct threat to himself
b. an employee who is HIV positive is a direct threat to others
c. an employee who is HIV positive is owed a reasonable
accommodation
d. a and b are not correct
e. none of these is correct
19. Regarding an employer's obligation to accommodate disability and religion, it
can be said that:
a. the obligation to accommodate in these areas is consistent with the
employer's obligation to accommodate in other areas of the
employment relationship
b. the obligation to accommodate in the areas of disability and religion is
unique to those areas of the employment relationship
c. the obligation to accommodate is voluntary, except for federal
employers
d. b and c only
20. As the Assistant Human Resources Manager, you have access to the
employment files of all of the employees, including management. You have
inadvertently learned that the Vice President of Sales has tested positive for
the HIV virus. You know that he is married, but doubt that he’s told his wife.
What should you do?
a. call his wife, and tell her that you regret you must give her some bad
news; then, simply tell her
b. call his wife, but ask to come and see her in person; this is not the sort
of news that one should deliver by telephone
c. talk to the Human Resources Manager, and ask her advice
d. nothing
ESSAY QUESTIONS
a. Employers must reasonably accommodate qualified disabled persons unless
doing so would impose undue hardship.

b. It is critical that employers engage in an interactive process with their disabled
employees.
c. Accommodations cannot be dismissed as too costly without considering the
availability of external funding and offering disabled employees the
opportunity to pay for the portion of the cost that would create undue
hardship.
d. Workplace policies should be made as flexible and religiously neutral as
possible.
e. Employers should attempt to accommodate religious advocacy by providing
forums for such communication that allow other employees to choose whether
they wish to listen.
2. The ADA creates a protected class called “qualified individuals with
disabilities”. Discuss what this phrase means and how one qualifies for
protection.
CHAPTER 11
WORK-LIFE CONFLICTS & OTHER DIVERSITY ISSUES
1. The Family and Medical Leave Act applies to which of the following
employers?
a. a government agency
b. a private company with at least 50 employees
c. a private company with at least 25 employees
d. a and b only
2. Which of the following would constitute a “qualifying event” under the
Family and Medical Leave Act?
a. birth of a son or daughter
b. a serious health condition of the employee’s spouse
c. placement of a son or daughter of the employee by adoption
d. a and b only
e. a, b & c

3. Which of the following is NOT required of employers under the FMLA?
a. up to 12 workweeks of leave over a 12-month period
b. up to 12 workweeks of paid leave over a 12-month period
c. maintenance of health insurance under the same conditions as
employment
d. a return to the employee’s job or an equivalent position with the same
pay
4. A person’s accent may legally be taken into consideration in hiring for a
particular position when:
a. the employer does not want someone who is “foreign-sounding”
b. a significant part of the job requires communication, and the
applicant’s heavy accent would interfere with the ability to
communicate
c. the employer’s entire workforce is composed of people who speak
English as a first language
d. any of these
5. Gays are protected from discrimination in employment by:
a. Title VII
b. some state laws
c. city or other local laws
d. all of these
e. b and c only
Family & Medical Leave Act the principal federal law affecting leave for
parental and medical reasons
Serious health conditions either inpatient care or continuing treatment by a
medical provider
Qualifying event circumstances under which eligible employees
are entitled to take leave
Pregnancy Discrimination Act prohibits discrimination based on pregnancy,
childbirth and related medical conditions
English only rules may be evidence of harassment or disparate
treatment
CHAPTER 11
WORK-LIFE CONFLICTS AND OTHER DIVERSITY ISSUES

1. To qualify for leave under the Family and Medical Leave Act (FMLA), an
employee must have worked:
a. at least 1250 hours during the previous 12 months
b. at least 625 hours during the previous 6 months
c. at least 2080 hours during the previous 12 months
d. at least 1040 hours during the previous 6 months
2. Which of the following is a “qualifying event” under the FMLA?
a. birth of a child
b. death of a parent
c. serious health condition of an employee’s grandparent
d. all of the above
3. “Serious health conditions” include:
a. pregnancy, when it results in a period of incapacity
b. all conditions that require hospitalization
c. all conditions that require treatment by a health care provider
d. all of the above
e. a and b
4. Under the FMLA, employers have the right to:
a. require that employees provide documentation of any serious health
condition prior to being granted leave
b. cancel the leave of “key employees”
c. delay the start of leave for employees who fail to provide 30 days
notice when the need for leave is foreseeable
d. all of the above
5. Under the FMLA, employees are entitled to:
a. have all benefits maintained under the same conditions as if the
employee had not taken leave
b. have only health benefits maintained under the same conditions as if
the employee had not taken leave
c. be restored to the exact same position they left if they are deemed a
“key employee”
d. a minimum of ½ salary during their leave

6. In Bachelder v. America West Airlines, an employee who had taken periods of
FMLA leave in the previous two years was terminated for poor attendance.
The court ruled that:
a. the employer did not violate the FMLA because the employee had
already exhausted her eligibility for leave under the “rolling 12 month
period” used by the employer
b. the employer did not violate the FMLA because she was terminated for
her absences and not for having requested or taken FMLA leave
c. the employer violated the FMLA because all employees become
eligible for up to 12 weeks of leave at the start of each new calendar
year
d. the employer violated the FMLA because the employee was terminated
based on absences that qualified as FMLA leave
7. Under the FMLA:
a. employers may require that any paid leave available to an employee be
used and counted toward an employee’s FMLA leave
b. employers may require that the employee stay on leave longer than
they need if it satisfies an administrative purpose or convenience for
the employer
c. employers may contact the employee at home by phone or e-mail with
company question but cannot require the employee to physically come
to the premises
d. during a valid leave, the employee is protected or shielded from layoffs
or termination that would have occurred anyway
8. Under the Pregnancy Discrimination Act (PDA):
a. employers are required to provide leave for childbirth and medical
problems related to pregnancy
b. employers are required to restore employees returning from pregnancy
leave to their former jobs or equivalent positions
c. employers are prohibited from establishing uniform requirements for
when pregnancy leave must begin or end
d. all of the above
9. The Uniformed Services Employment and Reemployment Rights Act
(USERRA)
requires that:
a. all persons returning from military service must be reemployed
b. employers must attempt to reinstate persons returning from military
service into the positions that they would have attained absent service,
including any promotions
c. employers continue to provide at least partial pay to employees serving
in the military for up to 24 months
d. all of the above

10. In Scobey v Nucor Steel-Arkansas., employee Scobey had 4 unexcused
absences from April 10-13, 2005. On April 9, he called to ask his supervisor to
call him, but did not say why. They finally spoke on April 11, but Scobey was
intoxicated, and said he was having a nervous breakdown. They spoke again
during this period, and Scobey was again intoxicated, saying he was through
with his job. He returned to work, was demoted, and eventually stopped
coming to work. He was terminated, and sued, alleging he should have been
granted FMLA leave, but the trial court granted summary judgment for his
employer. The Appellate Court ruled:
a. for the employer, because Scobey did not have a “serious health
condition” as required for leave under the FMLA
b. for the employer, because Scobey had not given adequate notice of his
need for leave, as required under the FMLA
c. for Scobey, because a reasonable jury could conclude that his
drunkenness gave the employer constructive notice of his need for
leave under the FMLA
d. for Scobey, because he was entitled to leave under the FMLA for his
nervous breakdown
11. Legal protection against discrimination based on sexual orientation is found
in:
a. Title VII of the Civil Rights Act
b. statutes in about a dozen states
c. the U.S. Constitution, under which public employers must show that a
“compelling governmental interest” is served by the discrimination
d. Executive Order 11246
e. all of the above
12. “Hopalong” Jones was a cowboy working on a cattle ranch out west. He has
worked at
the ranch for three years and done an excellent job. He is also a two time bull
riding
champion at the state rodeo competition. He is fired when he admits to being
gay.
a. Hopalong is protected under the protected sex classification under Title
VII
b. since being a cowboy is such a macho job, being heterosexual is
considered a
BFOQ
c. sexual orientation is a protected class in some states but not in others
d. Hopalong has no federal or state protection regarding his sexual
orientation

13. The EEOC’s guidelines hold that broad English-only rules applied at all times
are:
a. presumptively discriminatory
b. presumptively non-discriminatory
c. valid, if an employer can show a business necessity for a broad-cased,
all-time ban on other languages
d. invalid, because the employer can never show a business necessity for
a broad-based, all-time ban on other languages
14. The accent of an employee or job applicant can lawfully be taken into
consideration when:
a. the firm is using its affirmative action program to diversify its
workforce
b. when few English-speaking applicants or employees are available
c. when communications are a significant part of the job in question, and
the person's accent substantially interferes with the ability to
communicate
d. when communications are a significant part of the job in question, and
the person's accent interferes in some degree with the ability to
communicate
15. The federal Jury System Improvements Act:
a. protects persons who serve on federal juries from discharge,
intimidation or coercion by their employers because of their jury
service
b. applies a Title VII approach to selection of jurors
c. reduces the number of jurors on a standard jury from 12 to 6
d. requires that employers pay their employees at their regular rate of pay
for the time spent serving on a federal jury
16. Under the FMLA:
a. pregnancy is a "serious health condition" triggering the right to FMLA
leave
b. pregnancy is not a "serious health condition" triggering the right to
FMLA leave unless there are complications
c. only a pregnant employee may receive leave under the FMLA
d. none of these
17. The Uniformed Services Employment and Reemployment Rights Act
(USERRA) requires that:
a. an employer must maintain the health insurance for an employee
reporting to military service for short stints of service (less than 31
days)
b. an employer must maintain the health insurance for an employee who
serves in the military for up to 24 months, if the employee pays the full
cost of group coverage

c. employers are not required to maintain health insurance coverage for
their employees in military service beyond a period of 30 days
d. all of these
e. a and b
18. In Reynolds v. Inter-Industry Conference on Auto Collision Repair, Reynolds
began work for his employer on August 25, 2005. On August 8, 2006, his
child was born prematurely. He requested time off, which was granted. He
requested further leave for November, 2005, when the child would be released
from the hospital, and was terminated, the employer saying he was not entitled
to FMLA leave because he had not been an employee for 12 months. The
court ruled:
a. for Reynolds, since the birth of a child is a qualifying event under the
FMLA
b. for Reynolds, since he notified his employer at least 30 days in
advance of the need for leave, by which time, he would be an eligible
employee
c. for the employer, because the employee failed to provide sufficient
notice that he was requesting leave for a potentially FMLA-qualifying reason
d. for the employer, because the employee was not an eligible employee,
entitled to FMLA leave
19. You need to hire a new medical technician for the emergency room of your
hospital. The technician must have a thorough knowledge of medical terms
and procedures, and will be interviewing patients to determine the nature and
extent of their problems before they are routed to a doctor or to the waiting
room. Most of the qualified candidates will be those who comes from Asian
countries, who have studied medicine in their home countries, but whose MD
degrees are not recognized by the U.S. Can you require that only English-
speaking candidates need apply?
a. yes, because most of the patients will be English speaking
b. yes, because communication will be an integral part of the job, and
most often communication will be required in an emergency situation
c. no, because under Title VII, English-only speaking requirements are
presumptively discriminatory
d. no, because most of the qualified candidates will be from countries for
which the first language spoken is not English
20. A very troublesome employee has just told you that he wants to apply for
FMLA leave because his wife is seriously ill. He has taken leave before
because of her illness, and depending upon how you calculate it, may have
already taken the maximum amount for the year. You know that if you use a
“rolling 12 month period,” he will not qualify, and if he is denied leave, he
may actually quit, which would make many people happy. However, your
firm’s leave policy does not specify how leave taken will be calculated, which
means that if he sued and the case went to litigation, the court would apply a
“calendar year” calculation for the leave requested, since you’ve just begun a

new calendar year, and under that calculation, he would be entitled to leave.
Of the following choices, what should you do?
a. deny the leave, and take your chances; tell him that he’s already had
the maximum leave under the “rolling 12 month” calculation. He’s
been far too troublesome for the firm, and his leaving would be a good
outcome
b. deny the leave, but tell him that it’s because has not been a productive
employee, and when he improves, you’ll consider more leave
c. grant the leave, and take your chances; maybe he’ll straighten out
when he comes back
d. grant the leave, and ask how he’s doing; tell him that when he comes
back, you’d like to sit down with him and see if you can help him
resolve the trouble he’s been having at work
ESSAY QUESTIONS
a. Employers must not attempt to discourage eligible employees from taking
FMLA leave or attempt to delay the taking of leave.
b. “No fault” attendance policies must be either discontinued or exceptions must
be made for employees on FMLA leave.
c. Employees should be notified promptly and in writing whether their leave
qualifies as FMLA leave.
d. Employer’s should consider an employee’s or applicant’s accent only to the
extent that communication is a significant part of the job in question and the
individual’s accent impedes communication.
e. Employers should generally refrain from adopting English-only rules. If they
are used, employees should be clearly informed that they are in effect, the
rules should be no broader than necessary to accomplish necessary business
purposes, and enforcement should not be rigid.

2. A major University has advertised for a non-research lecturer position in its
Economics Department. When they evaluate the applicants, one resume
clearly stands out as excellently qualified. When the applicant came in for
an interview, she is asked to
complete a questionnaire with a number of open ended questions prior to the
actual
interview. The questionnaire was extremely well answered and evidenced
perfect
grammar, perfect penmanship and perfect spelling. The answers were lucid
and well
thought out. Unfortunately, during the interview most in the department had
trouble
understanding the candidate due to her extremely heavy Nigerian accent. If
the
university hires someone else, has the university violated any discrimination
laws?
CHAPTER 12
WAGES, HOURS & PAY EQUITY
1. The Fair Labor Standards Act does which of the following?
a. establishes a minimum wage
b. establishes the rate of overtime pay
c. places certain restrictions on work by minors
d. all of these
2. Regarding overtime pay, which of the following statements is NOT true?
a. overtime pay is due for hours worked per week in excess of 40
b. overtime pay is due for hours worked per day in excess of 8
c. the rate of overtime pay is 1 ½ times the regular hourly rate of pay
3. “Tipped” employees are those who:
a. share tips at work
b. earn at least $30/month in tips
c. work in the restaurant industry
d. none of these

4. Which of the following categories of employees is generally exempt from
overtime pay?
a. executives
b. administrative employees
c. professional employees
d. all of these are exempt
5. The Equal Pay Act generally requires employers to:
a. pay the same wage to men and women doing substantially the same
work at different companies
b. pay the same wage to men and women doing substantially the same
work at the same company
c. establish equivalencies for various jobs traditionally held by men and
women
d. all of these
Fair Labor Standards Act a federal law that establishes overtime pay
requirements, and limitations on the work of
minors
Minimum wage the lowest wage employers are permitted to pay
employees for each hour of work
Duties test a test to determine whether an employee is
really exempt from overtime pay
Migrant & Seasonal Agricultural
Worker Protection Act a federal law covering most seasonal
agricultural workers providing some basic
safeguards related to pay, housing and
transportation
Overtime pay 1 ½ times the regular rate of pay
CHAPTER 12
WAGES, HOURS, AND PAY EQUITY
1. Which of the following is true regarding overtime pay under the Fair Labor
Standards Act?

a. employees who work more than 8 hours in a work day must be
compensated with overtime pay
b. employees are entitled to twice their regular rate of pay for overtime
hours
c. private sector employers can pay for overtime required under the
FLSA with compensatory time off in the future, whereas government
agencies may not do so
d. all of the above
2. “Tipped employees” can be paid less than the minimum wage provided:
a. they agree to a reduced minimum wage salary, however, if they don’t
agree they must be paid the full minimum wage and any tips are
forfeited to the employer or the other employees
b. they retain on an individual basis all tips that are earned; pooling of
tips is not permitted
c. their total pay in wages and tips equals at least the minimum wage
d. the employee customarily and regularly receives at least $30 per week
in tips
3. The maximum number of hours that an employee can work in a workweek
under the Fair Labor Standards Act is:
a. not limited for employees 16 years of age and over
b. limited to forty hours per week for employees under 16 years of age
while school is in session
c. not limited for employees 16 years and over, but it must equal no more
than 40 hours a week when averaged across any two work weeks
d. limited to 50 hours per week for employees who are non-exempt, but
there is no limit for exempt managers and professionals.

4. Under the Fair Labor Standards Act, a “workweek”:
a. is any fixed and reoccurring period of 5 consecutive days
b. is any fixed and reoccurring period of 7 consecutive days
c. is the same as a calendar week
d. includes all the days during a calendar week on which any work is
performed
5. A non-exempt employee’s usual pay is $800/wk, based on a 40/hr week. This
week he works 50/hrs. His regular hourly rate of pay is ______. His total pay
for this week should be _______.
a. $800/wk; $800
b. $16/hr; $1100
c. $20/hr; $1000
d. $20/hr; $1100
e. $16/hr; $1040
6. Which of the following is true regarding compensatory (“comp”) time?
a. employers can require employees to use up their accrued comp time,
regardless of whether employees wish to do so
b. the maximum amount of comp time that can be banked is capped at
240 hours for most employees
c. acceptance of comp time can be made a condition for receiving
overtime work
d. b and c
e. all of the above
7. In Chao v Gotham Registry, a temporary employment agency for nurses
placed them at various hospitals. Despite a rule forbidding overtime, nurses
frequently worked overtime at the hospitals’ request, as Gotham knew, but
refused to pay overtime. When the nurses sued for overtime pay, the court
determined that:
a. because they knew of the rule forbidding overtime, the nurses had
volunteered their time, and were not entitled to overtime pay
b. because the hospitals had asked them to work overtime, the hospital
was required to pay the overtime pay
c. because the agency knew that nurses frequently worked overtime at the
hospitals’ request, and did nothing to enforce its rule against overtime,
the agency was responsible to pay overtime
8. Which of the following is generally compensable time under the FLSA?
a. meetings during work hours concerning employee grievances
b. meal periods of any length
c. periods spent waiting to start work
d. time spent traveling to and from work in a private car
e. all of the above

9. The Migrant & Seasonal Protection Worker Act (MSPA) provides all of these
requirements EXCEPT:
a. a minimum wage and overtime
b. disclosure of working terms and conditions at the time of hire
c. safe and sanitary housing and transportation
d. maintenance of wage and hour records
10. The Migrant and Seasonal Agricultural Worker Protection Act requires that:
a. migrant agricultural workers must be paid no less than the prevailing
wage for farm laborers in the geographic region
b. migrant agricultural workers must be provided with housing and the
housing must be safe and sanitary
c. migrant agricultural workers must receive overtime pay of one and a
half times their regular rate of pay for all work hours in excess of 50 in
a week
d. all of the above
11. Which of the following activities is compensable time for which an employee
must be paid?
a. time spent taking pre-employment tests
b. time spent traveling to and from work
c. time spent waiting to start work
d. rest periods of up to 20 minutes
12. Under the duties test, in order to be classified as exempt, an employee:
a. must perform the duties of an executive, administrator, or professional
b. must work in an office setting
c. must have a job title that includes the word executive, administrator, or
professional in the title
d. all of the above
13. Under the Department of Labor’s “pay docking rule”:
a. wages withheld for disciplinary purposes are not counted as
compensation when determining compliance with minimum wage and
overtime requirements
b. it violates the FLSA for employers to make deductions from the pay of
salaried employees for partial day absences
c. certain deductions from the pay of salaried employees can lead to the
finding that these employees are non-exempt
d. a and b

14. Under the FLSA, minors under 16 years of age:
a. are allowed to work at any job provided that they have obtained
working papers
b. are allowed to work no more than 18 hours per week while school is in
session
c. are allowed to work no more than 8 hours per day while school is in
session
d. b and c
e. all of the above
15. Which of the following is among the things that must be shown in order for
two jobs to be considered “equal work”?
a. they must have the same or very similar job titles
b. the jobs must be of comparable worth to the employer
c. there must be substantial overlap in the duties and tasks performed
d. they must have the same or very pay rates
e. all of the above
16. If employees come in to start work early, or stay beyond scheduled hours, or
come in to work on days off,
a. the extra time put in on the job could be used to re-classify those
employees from non-exempt to exempt
b. the extra time put in on the job could qualify those employees for
overtime pay
c. under the FLSA, they have volunteered their services for that extra
time
d. none of these
17. Employers should maintain accurate and up-to-date job descriptions because
they will help establish:
a. the essential functions of the job
b. the exempt status of the employee, if exempt
c. that an employment requirement is job-related
d. the similarity or non-similarity between two different jobs
e. all of these
f none of these
18. Which of the following statements is NOT true?
a. US employees have the dubious distinction of working the longest
hours among industrialized nations
b. job stress is related to such maladies as high blood pressure and
coronary heart disease
c. longer workdays are associated with increases in injuries

d. all of these
e. none of these
19. In the U.S., more and more workers are working:
a. around the clock
b. off the clock
c. on the clock
d. none of these
20. As the new Assistant Human Resources Manager, you now have access to the
salaries of all of the staff at your firm, and discover that the sole female salesperson
on the staff is being paid significantly less than her male counterparts, although she
has the same educational background and experience. Within about 6 months, you are
to replace the current Human Resources Manager, an “old school” kind of fellow who
is retiring. But since you are newly hired, you are reluctant to “make waves.”
Considering your duties and also the protection of your career, which of the following
options would NOT be advisable?
a. Tell the current “old school” HR Manager that the lower salary of the
female salesperson is illegal, and that he must immediately raise her
pay, or you will tell the salesperson that she should file an EEOC claim
b. Ask the current HR Manager if he is aware that the female salesperson
is receiving a lower salary for the same work, which could cause a
claim to be filed against the firm, and ask what he thinks should be
done
c. Do and say nothing yet, awaiting the day when you assume the role of
HR Manager; then take steps to raise the saleswoman’s pay to compare
with that of her male colleagues, without telling her why
ESSAY QUESTIONS
a. Employers should not ignore employees starting work early, staying beyond
scheduled hours, or coming in to work on days off.
b. Employers should maintain accurate and up-to-date job descriptions
c. Employers should not make deductions from the pay of exempt employees for
partial day absences or require that the time off be made up.

d. Employers should refrain from establishing and enforcing pay secrecy
policies.
e. Employers should be prepared to account for disparities in the pay of men and
women performing similar jobs in the same workplace.
2. An employer of an emergency response service required its service employees
to be on call every weekend, as they might be called to report within 10
minutes. While on call, employees were not permitted to leave their homes, as
the employer’s contact was to their home phones. Also, employees were not
permitted to drink alcohol on the weekends, because of their potential on-call
duties. The employer did not pay for on-call weekends, and the employees
sued. What are the issues, and what should the court decide?
3. What could the employer in number 2 above have done differently to avoid
incurring liability for compensable time and perhaps overtime?
CHAPTER 13 BENEFITS
1. The Employee Retirement Income Security Act (ERISA) governs which of the
following?
a. retirement and pension plans
b. health insurance
c. childcare subsidies
d. all of these
e. a and b only
2. Under ERISA, employers are required to do all of the following EXCEPT:
a. inform employees about their benefits
b. actually deliver promised benefits
c. pay for either a defined benefit or a defined contribution pension plan
3. The purpose of Consolidated Omnibus Budget Reconciliation Act (COBRA)
generally is:
a. to regulate pension plans

b. to provide for the continuation of health insurance coverage
c. to prevent disqualification in health insurance coverage because of pre-
existing conditions
d. none of these
4. Regarding discrimination older workers with regard to benefits, it is correct to
say that:
a. employers may discriminate against older employees in offered
benefits because their benefits cost more
b. employers may provide less extensive health care coverage to older
workers as long as the employer spends the same amount of money as
for younger workers
c. an employer can force older workers to retire, to avoid providing
health care benefits to them
d. none of these is correct
5. The Pregnancy Discrimination Act generally requires employers to:
a. provide pregnancy health care benefits to pregnant employees
b. provide pregnancy health care benefits to women, but not to men
c. treat pregnant employees the same as non-pregnant employees with
similar ability to work
d. none of these
ERISA the principal federal law regulating benefit plans
of private employers
Defined benefit plan pays a specific pension benefit to the employee
upon retirement
Defined contribution plan a pension plan to which the employer makes
contributions, and the employee invests, the
benefit being determined by the success of the
investment
fiduciary one who exercises discretionary authority and
control over the administration of pension funds
vesting based on years of service, an employee’s
achievement of an nonforfeitable right to receive
a pension
CHAPTER 13
BENEFITS

1. Defined benefit pension plans:
a. promise a specific pension benefit upon retirement
b. are insured through the Pension Benefit Guaranty Corporation (PBGC)
c. all of the above
2. Summary plan descriptions (SPDs):
a. must be provided to new employees before they begin their
employment
b. provide a brief overview of the terms of employee benefit plans
c. can be the basis for claims that employees did not receive promised
benefits
d. all of the above
3. Regarding the Pension Benefit Guarantee Corporation (PBGC), which of the
following statements is true?
a. The PBGC is an agency that insures defined benefit pension plans.
b. The PBGC is an agency that insures defined contribution pension
plans.
c. The PBGC's fund is running out of money, due to the increase in the
failure of the pension plans it insures.
d. a and c only
e. b and c only
4. Which of the following is a fiduciary duty under ERISA?
a. ensuring that plans operate in accordance with plan documents and
ERISA
b. diversifying pension fund assets to minimize the risk of large losses
c. managing benefit plans and funds solely in the interest of plan
beneficiaries
d. all of the above
5. In Fought v. UNUM Life Insurance Company of America, Fought underwent
surgery for coronary artery disease, a pre-existing condition at the time she
qualified for her employer’s disability policy. Weeks after the surgery, she
developed a staph infection, became disabled, and applied for coverage under
her company’s disability insurance. The insurer denied coverage on the basis

of a pre-existing condition, her coronary artery disease, and Fought sued. As
to the issue of causation, the court ruled:
a. for the insurer, since Fought would not have had surgery which
resulted in the infection but for the pre-existing coronary artery disease
b. for the insurer, since the staph infection was a previously undiscovered
pre-existing condition
c. for Fought, since the staph infection was not a pre-existing condition,
and was not a necessary consequence of her coronary artery disease
d. for Fought, because the insurer had a conflict of interest
6. Which of the following is true regarding vesting requirements under ERISA?
a. once pension rights vest, employees are entitled to receive full
pensions upon leaving employment
b. once pension rights vest, employees’ pension plans cannot be
discontinued or changed
c. vesting usually occurs after five or seven years of service
d. vesting is never required but is purely a contractual provision
negotiated between the employer and employee
7. Which of the following is true of the Employee Retirement Income Security
Act (ERISA)?
a. it requires employers to provide pensions for most of their employees
b. it is superseded by state laws that relate to employee benefit plans
c. it does not apply to benefit plans administered by public employers
d. it requires that once a plan is in place, it can not be changed or
modified without the employees consent
e. all of the above
8. Defined contribution pension plans:
a. are insured by the Pension Benefit Guaranty Corporation (PBGC)
b. are prone to under-diversification of investments
c. are not subject to ERISA vesting requirements
d. guarantee specific pension benefits to the employee when the plan is
entered into

9. Which of the following is NOT a part of the Patient Protection & Affordable
Care Act?
a. a temporary insurance program for high-risk individuals with pre-
existing conditions and no health insurance
b. a prohibition against denying coverage to children based on pre-
existing conditions
c. a requirement that plans cover all immunizations and routine health
care
d a prohibition against requiring pre-authorization for emergency care
10. Which of the following is a qualifying event necessitating an offer of COBRA
continuation coverage?
a. an employee quits his job
b. an employee’s hours are cut
c. a spouse and an employee get divorced
d. all of the above
11. An employee is terminated for poor attendance. The employer sends a letter
on May 1 notifying him of his right to receive continuation health insurance
coverage. The letter states that the former employee must respond by May 30
to be eligible for up to 6 months of continuation coverage. The employer’s
letter:
a. accurately states the former employee’s rights under COBRA
b. should state that the employee has 45 days to decide on coverage that
would last up to 3 years
c. should state that the employee has 60 days to decide on coverage that
would last up to 3 years
d. should state that the employee has 60 days to decide on coverage that
would last up to 18 months
e. should not have been sent since a termination for poor attendance is
not a qualifying event under COBRA
12. Which of the following is one of HIPAA’s requirements regarding pre-
existing condition exclusions in group health plans?
a. exclusionary periods can last no longer than 6 months
b. exclusionary periods must be reduced by any periods of prior coverage
under a group health plan, as long as the break in coverage was no
more than 63 days.
c. certificates of creditable coverage are used to document that employees
have pre-existing conditions to which exclusionary periods would
apply
d. prior coverage under a group health plan does not include any period
of continuation coverage under COBRA

13. Regarding the topic of employment benefits, it is correct to say that:
a. both employment and tax laws affect employment benefits
b. the law on this topic has been very much in flux
c. the law on this topic has largely been settled
d. public policy debates concerning this topic have occurred in recent
years
e. a, b and d
f. a, c and d
14. The Pregnancy Discrimination Act provides for each of the following
EXCEPT:
a. health plans must cover expenses for pregnancy-related medical care
on the same basis as for other medical conditions
b. because of the extreme costs and because men do not avail themselves
of pregnancy benefits, larger deductibles or co-pays may be charged
c. both married and unmarried employees must be covered
d. the same level of coverage must be provided for the spouses of male
employees as is provided for the spouses of female employees
15. Regarding employment benefits, the general rule is that:
a. employers are legally required to provide employment benefits in the
form of basic health care, vacation pay, and pension or profit sharing
plans
b. employers are legally required to provide basic health care, but no
other benefits, although they may do so voluntarily
c. only employers with 50 or more employees are legally required to
provide basic health care, but no other benefits, although they may do
so voluntarily
d. none of these
16. In McDowell vs. Krawchison, an employee whose wife suffered from breast
cancer was terminated after a change of ownership of the company. He asked
whether their health insurance would continue, and was told verbally that it
would. Nine months later when his wife sought treatment, she was advised the
policy had been terminated. He and his wife sued for a violation of COBRA.
The court ruled:
a. for the employer, since it was a new owner, and not the employer of
the employee.
b. for the employer, since the employee never requested in writing that
their insurance be continued
c. for the employee, since he was not given notice of his COBRA rights
in writing
d. for the employee’s wife, because she was also an insured, but was
given no notice of her COBRA rights

17. You have just been hired as the new Human Resources Manager for your firm.
On your second day, an employee filed for disability benefits due to a recent
injury. Not knowing about a disability policy through this firm, you search the
files and discover that the firm cancelled a long term disability on the
employee without notifying him. What should you do?
a. nothing; maybe the employee will withdraw his claim for disability
benefits
b. send official notice that the disability policy had previously been
cancelled
c. call the employee to tell him that the disability policy had previously
been cancelled
d. b and c
e. none of these
18. About ERISA, the Employee Retirement Income Security Act, it is correct to
say that:
a. the law governs only pension plans
b. the law governs benefit plans broadly, not just pension plans
c. the law only applies to "welfare" plans
d. none of these
19. The problem with a Cash Balance or Hybrid pension plan is:
a. that the employee bears the risk of loss of the investment
b. that because of the way benefits are calculated, older employees
receive less than younger employees
c. that they are not covered by ERISA
d. none of these
20. HIPAA, the Health Insurance Portability and Accountability Act provides all
of these EXCEPT:
a. it greatly restricts the use of the pre-existing exclusion
b. it provides that exclusionary periods can be no longer than 30 days
c. it provides that pregnancy cannot be deemed a pre-existing condition
d. it provides that a certificate of creditable coverage reduces the
exclusionary time period for a pre-existing condition
ESSAY QUESTIONS

a. Benefit plan administrators must base their decisions about eligibility for
benefits on plan documents, have reasons for their decisions, and use all of the
current, relevant information available to them.
b. Health insurance plans must cover medical expenses related to childbirth and
not impose deductibles or co-payments for such treatment that exceed those
required for other medical treatments.
c. Group health plans must not limit eligibility based on health status, medical
condition, claims experience, medical history, genetic information, or the
disability of an employee or dependent.
d. With just a few exceptions, employers must not establish mandatory
retirement ages.
e. Employers should be careful in advising employees about their benefits and
refer them back to SPD’s and other plan documents.
2. There is no question that health care and other benefits often become available
to family members without question. How does the law currently look at the
extension of benefits to domestic partners?
CHAPTER 14
UNIONS AND COLLECTIVE BARGAINING
1. Labor laws:
a. require job security after five years
b. regulate the hours and rates of pay of various industries
c. protect the rights of employees to join together for collective
bargaining
d. none of these
2. Under the National Labor Relations Act (NLRA), employees have the right to:
a. engage in “protected concerted activities”
b. to bargain with employers through representatives

c. to refrain from all of these activities
d. a and b only
e. a through c
3. An example of an unfair labor practice would be:
a. employers discriminating against employees who wish to unionize
b. employers refusing to engage in collective bargaining
c. employees going on strike because an employer refused to engage in
collective bargaining
d. all of these
e. a and b only
4. When the employees vote by secret ballot on whether or not to form a union,
the percentage vote that is required is:
a. 90%
b. 75%
c. just over 50%
d. 30%
5. Typically, collective bargaining agreements provide that disputes will be
resolved by:
a. lawsuits
b. grievance procedures
c. arbitration
d. b and c
National Labor Relations Board the federal agency that administers the National
Labor Relations Act, including holding elections
to determine whether employees want union
representation
Card check procedure a majority of employees sign cards indicating
their preference to join a union
Good faith bargaining the obligation of both employer and union to
confer in good faith, to meet at reasonable times,
and to sign a contract
Mandatory topic an issue that, if raised by either party, must be
the subject of bargaining in good faith
lockout the employer’s preventing employees from
working after their labor agreement expires,
although they are willing to continue to work
and negotiate

CHAPTER 14
UNIONS AND COLLECTIVE BARGAINING
1. Which of the following is the agency responsible for administering and
enforcing the National Labor Relations Act?
a. Federal Mediation and Conciliation Service (FMCS)
b. Federal Labor Relations Authority (FLRA)
c. National Labor Relations Board (NLRB)
d. National Mediation Board (NMB)
e. National Collective Bargaining Commission (NCBC)
2. Which of the following is not a fundamental right conferred on employees
by the National Labor Relations Act (“Sec. 7 rights”)?
a. the right to self-organization
b. the right to fair pay and benefits
c. the right to strike
d. the right to assist labor unions
3. Protected concerted activities:
a. are engaged in with or on the authority of other employees
b. must be related to wages, hours, terms or conditions of employment
c. must not be extreme or abusive
d. apply to unionized workers but not to non-unionized workers
e. all of the above
4. Which of the following is an unfair labor practice (ULP) under the
National Labor Relations Act?
a. discriminating against an employee based on her race
b. violating the terms of a labor agreement
c. retaliating against an employee who has filed charges with the NLRB
d. after an agreement has expired and while the new one is being
negotiated, locking out employees willing to continue working

5. Which of the following employee rights is NOT protected by the NLRA?
a. to engage in self-organization
b. to go on strike
c. to engage in other concerted activities
d. to refrain from such activities
e. all of the above employee rights are protected by the NLRA
6. In Mastec Advanced Technologies, 26 service technicians were fired after
appearing on a television news show to complain about their employer’s
instructions about how to persuade customers to install phone connections for
their satellite television service, and the charge-backs to employees’ pay if
they did not procure such connections. Phone connections were not necessary
for the service to work, but the company earned more money if phone
connections were installed. Regarding the terminations, the court ruled:
a. for the employer, since it is not a protected concerted activity for an
employee to make disparaging remarks to 3rd parties, since it shows
disloyalty
b. for the employer, because its business policies were within its
discretion
c. for the employees, because they did not speak disparagingly about
their employer
d. for the employees, because they spoke truthfully about an ongoing
labor dispute
e. c and d
7. Which of the following would NOT be considered a concerted activity?
a. members of a union that meet to discuss problems with working
conditions at their workplace
b. employees who are not members of a union that meet to discuss
problems with working conditions at their workplace
c. a single employee that writes to a supervisor complaining about the
refusal to grant her vacation time for the exact period of time she
requested
d. a single employee that writes to a supervisor complaining about the
frequently malfunctioning air conditioning and extreme indoor heat at
an assembly plant
e. c and d
8. In Northeast Beverage Corp v. NLRB, an employer announced that it was
going to close a union facility, and entered into negotiations with the union.
Six drivers learned of an upcoming meeting, met over coffee to formulate their
questions, and went to the site of the meeting. A union official told them to
return to work, but the drivers insisted, and eventually were able to introduce
themselves to the management representatives. They returned to work after
having been gone for 3 hours, but were fired for being absent without

authorization. The NLRB ruled in favor of the drivers, and the employer
appealed. On appeal, the court ruled:
a. for the employer, since the employees essentially walked off the job
during working hours without authorization, which is not a protected
concerted activity
b. for the employer, since its representatives had met with the employees,
so they had complied with their obligations
c. for the drivers, since they had a right under the NLRA to engage in
protected concerted activity
d. for the drivers, because although they were able to introduce
themselves to the management representatives, no actual discussion or
negotiation took place
9. Non-employee organizers:
a. have no rights under the NLRA and can be barred from entering
workplaces
b. must be allowed to speak with employees during non-work times and
in non-work areas
c. must be allowed into workplaces if the majority of employees desire
their presence
d. can be barred from workplaces if a valid non-solicitation policy is in
place and other reasonable means of communication exist
10. Which of the following is a criterion used by the NLRB to determine that
an appropriate bargaining unit exists?
a. the percentage of employees who have signed authorization cards
b. whether employees are paid at the same rate and/or under a reasonable
and logical pay scale
c. whether professional employees would be mixed with non-professional
employees against their will
d. all of the above
11. Which of the following is true regarding NLRB representation election
procedures?
a. the NLRB will not order an election unless at least 50 percent of
employees have signed authorization cards
b. no more than two elections will be held in the same year for the same
group of employees
c. if an employer commits an unfair labor practice within the week before
an election is held, the NLRB will certify the union, regardless of
whether it receives a majority of votes

d. if an election is ordered, the employer is required to provide the
NLRB, within seven days, a list of names and addresses of all
employees in the bargaining unit
12. Which of the following is true regarding grievances?
a. they can be filed by individual employees and may be pursued by the
individual
b. they can only be filed by the union on behalf of the individual
c. if the grievance cannot be resolved, either the union or the individual
can decide to take the case to arbitration
d. if the grievance cannot be resolved, either the union or the individual
can decide to take the case to mediation
13. Union security provisions:
a. are unlawful under the NLRA because they require employers to
discriminate against employees who do not support their unions
b. are unlawful in states that have “right to work” laws
c. require that employers recognize and negotiate with the unions chosen
by their employees
d. require that employees financially support all union activities,
regardless of any objections the employees might have to doing so
14. The duty to bargain in good faith:
a. requires both employers and unions to eventually reach agreement in
their negotiations
b. requires that any issue raised by either the employer or union must be
negotiated
c. requires that employers supply unions with information relevant and
necessary to bargaining effectively
d. all of the above
15. Under the NLRA, employees who go on strike:
a. can be terminated, but only after they are given an adequate
opportunity to return to work
b. can be terminated, but only if the strike is an economic strike
c. can be permanently replaced, but only if the strike is an unfair labor
practice strike
d. can picket their employer and any other firms that do business with the
employer

16. Protection of concerted activity may be lost if which of the following occurs?
a. insubordination which is grounds for discharge
b. the number of employees is reduced so that the NLRA no longer
applies
c. a serious disagreement between labor and management
d. none of these
e. all of these
17. Regarding the Employee Free Choice Act, it is correct to say:
a. that the law has the support of both labor and management
b. that the law has the support of management, but not labor
c. that the law is unlikely to pass
d. none of these
18. You have just been hired as the new Assistant Human Resources Manager at
your firm, having worked your way up from the factory floor to the
administrative suite. During your briefing for the new job, you are told that
the firm has learned that its employees are attempting to unionize, a move
which the firm has vowed to fight. As part of that effort, your boss, the HR
Manager, has asked you to privately talk to some of your former co-workers
on the factory floor to see what their thinking is, to learn about how many are
in favor of unionizing, who, specifically, is supporting it, and what might
make them change their minds. Among the things they want to know is what
would work better – threats of reprisals against those supporting a union, or
promises of benefits to those who oppose it. You are eager to do well at your
new job, but you see some problems with these requests. Of the following
choices, what should you do?
a. do as they ask; none of it is illegal
b. tell them you can’t do what they ask because it is illegal
c. tell them you would be glad to talk informally with your former co-
workers to find out their attitudes about unionization and why this has
come up, but that speaking about reprisals and benefits would be an
unfair labor practice
19. Which of the following factors is relevant to a determination of an
“appropriate bargaining unit?”
a. similarity of skill
b. interrelationship of tasks
c. common supervision
d. common salaries
e. all of these are relevant
f. a through c only
20. Regarding representation election procedures, which of the following
statements is/are true?

a. at least 50% of the employees in a bargaining unit must sign
authorization cards
b. an employer may recognize a union only if at least 50% of the
employees in a bargaining unit have signed authorization cards
c. if an election is ordered, the employer must provide to the union names
and addresses of employees within 7 days
d. the time between when an election is ordered and when it takes place is
the time of least scrutiny of the activities of the employer and the union
ESSAY QUESTIONS
a. Employers must not create or control “company unions.”
b. Employers should not respond to union organizing efforts by raising
wages or making other unscheduled changes in employment benefits.
c. Employers must abide by the terms of labor agreements when making
human resource decisions regarding their unionized employees.
d. Employers should not establish informal practices of conferring benefits
and privileges not specified in labor agreements.
e. If individual employees wish to present their own grievances, their union
must be notified and given the opportunity to be present at any meetings
about the grievances.

2. What must be proven in order to establish a prima facie case of discrimination
by the NLRB?
CHAPTER 15
OCCUPATIONAL SAFETY AND HEALTH
1. The minimum level of safety that employers are required to provide is defined
through:
a. standards created by OSHA
b. standards created by employers
c. the general duty clause
d. a and c
2. To prove a violation of an OSHA safety standard, the claimant must establish
that:
a. an applicable standard exists
b. the standard was not complied with
c. one or more employees were exposed to the hazard
d. the employer knew or should have known of the hazard
e. all of these
3. The general duty clause covers:
a. an employer’s duty to act carefully in structuring the workplace
b. an employer’s duty to be free from negligence
c. hazards for which no specific standard exists
d. all of these
e. a and b only
4. OSHA prioritizes inspections, recognizing that this situation is most urgent:
a. the aftermath of serious accidents
b. situations where there is imminent risk of serious harm or death
c. responses to employee complaints
d. all of these
5. State workers’ compensation laws:
a. apply to injuries that occur in the course of employment
b. provide medical care and rehabilitation, and partial replacement of
income
c. are the exclusive remedy for employees injured on the job
d. b and c

The OSH Act governs safety in private sector workplaces
Permissible exposure limit the maximum exposure to a hazard allowable
under the OSH Act
Cost-benefit analysis an examination of the cost to employers to
comply with ah OSH safety standard compared
to the economic value of expected improvement
in worker health
Experience rating an employer’s track record regarding the
number of injuries that have occurred in its
workplace
Arising out of employment a requirement for worker’s compensation that
refers to the job-related activities leading to an
employee’s injury or illness
CHAPTER 15
OCCUPATIONAL SAFETY AND HEALTH
MULTIPLE CHOICE
1. A principal objective of the Occupational Safety and Health Act is
____________:
a. compensating employees for injuries and illnesses that occur on the job
b. preventing injuries and illnesses on the job
c. promoting healthier life styles for employees
d. all of the above
2. By law, employers must arrange workers’ compensation coverage for their
employees.
They may do this by any of the following except:
a. contributing to state workers’ compensation funds
b. contributing to federal workers’ compensation funds
c. self insuring
d. purchasing coverage from private insurers
e. any of the above methods would be acceptable

3. Which of the following is true of OSHA’s permanent standards?
a. they must be followed without exception
b. they apply to firms in all industries
c. they are adopted only after a lengthy process of public hearings and
documentation
d. all of the above
4. Which of the following is NOT true regarding the enforcement process
under OSHA (the
Act)?
a. inspectors do not issue citations to employers when they find
violations
b. copies of citations received must be posted in the workplace near the
sites of the violations
c. employers are not required to correct violations until after their appeals
have been decided
d. OSHA inspections are generally unannounced and the employer is
required to allow the inspector access as long as the inspector shows
proper credentials
5. Which of the following is an element needed to establish a violation of the
general duty clause?
a. a potential hazard exists which was known in the industry
b. the employer acted with intent in allowing the hazard to exist
c. feasible means exist to abate the hazard
d. all of the above
6. In R. Williams Construction Co. v OSHRC, a trench collapsed at a
construction site, killing one worker, and severely injuring another. A
hydraulic jack supporting the wall had been removed, and the walls of
the trench were not sloped, as required by OSHA regulations. The
construction firm argued that, although it did not know what the OSHA
requirements were, its employees had much work experience and
common sense, and they talked about safety “all the time.” The OSHRC
ruled:
a. for the employer, because of the several years of experience of its
workers
b. for the employer, because the employees frequently talked about safety
c. for the workers, because there was a death and a serious injury
d. for the workers, because OSHA regulations applied, and it is not a
defense that the firm did not know about OSHA regulations

7. Ergonomic hazards _______________:
a. are partially addressed by OSHA’s ergonomics standard
b. have been addressed under the general duty clause
c. are not currently regulated due to inadequate knowledge of their causes
d. are not currently regulated because ergonomics is not a recognized and
authoritative field
8. Which of the following is true regarding safety and health inspections?
a. inspection sites are always chosen at random
b. OSHA has the authority to enter and inspect all workplaces, regardless
of employer objections
c. in about half of the states, inspections are conducted by state agencies
rather than by OSHA
d. all of the above
9. Regarding Workers’ Compensation, which of the following statements is
correct:
a. generally, workers’ compensation is an injured employee’s exclusive
remedy
b. pursuant to workers’ compensation, the employer gives up its right to
defend against liability for employee injuries with the Fellow Servant
Rule
c. pursuant to workers’ compensation, the employer gives up its right to
defend against liability for employee injuries with assumption of the
risk
d. none of the above is correct
e. all of the above are correct
10. Employees who walk off the job due to dangerous conditions may be
protected under OSHA (the Act) if:
a. there has been an inspection and OSHA has validated the claim that
dangerous conditions exist
b. the employer has been informed of the hazard and does not correct it
c. there is a specific OSHA standard that applies to the hazard
d. all of the above

11. Which of the following is true of OSHA reporting and recording
requirements?
a. employers with fewer than 50 employees are generally exempt from
recording injuries and illnesses
b. all injuries or illnesses must be reported to OSHA within 6 days of
their occurrence
c. injuries that result in death or the hospitalization of three or more
employees must be reported to OSHA within 8 hours of their
occurrence
d. all of the above
12. Which of the following is true of workers’ compensation?
a. employees are compensated for workplace injuries and illnesses as
long as the employer’s negligence played a part
b. experience rating provides employers with a strong incentive to
prevent injuries by making the workplace safer
c. because employees are hurt through no fault of their own, workers’
compensation is designed to replace all of the income lost due to
inability to work
d. employers can always avoid paying workers’ compensation if it can be
shown that the employee’s own careless actions contributed to the
injury

Hrm 510 week 11 final exam – strayer new

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