MGT 434/ MGT 434 FINAL EXAM NEW 2016 - 96019

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1. An employment relationship where there is no contractual obligation to remain in the relationship either party may terminate the relationship at any time is: Contractor; De Facto Employment; At-Will Employment; None of the Above. 2. A test used to determine employee status which considers the right or ability to control the work: The Economic Factors Analysis The FLSA test The common law agency test The OSHA test 3. Which of the following employees are covered by Title VII of the Civil Rights Act of 1964: Employees of employers not engaged in interstate commerce Non-US citizens employed outside the United States Employees of employers who have 15 or more employees Employees of religious institutions. 4. Different types of laws include: Statutory Laws; Common Law; Administrative Law; All of the Above. 5. If an employee is given no reasonable alternative but to terminate the employment relationship, it’s referred to as a: De Facto Discharge; Constructive Discharge; Voluntary Termination; None of the above. 6. The Civil Rights Act of 1991 added _________ to Title VII of the Civil Rights Act of 1964: Judicial Review EEOC Anti retaliation provisions Jury trials 7. __________discrimination is not protected under Title VII: Race Religion Age Gender 8. If a case is filed with the Equal Opportunity Employment Commission (EEOC), the parties may be involved in a: Mediation; Conciliation; Investigation; All of the above. 9. The imposition of liability on one party for the wrongs of another: Vicarious Liability; Ratification; Implied Covenant of Good Faith and Fair Dealing; None of the above. 10. Which of the following is a judicial requirement for an affirmative action plan? It is inflexible and immediate in its approach. It is used to address a conspicuous imbalance in traditionally segregated job categories It is a permanent plan. It is used to maintain status quo 11. Under the Privacy Act of 1974 An employee can seek both civil and criminal remedies for violations of the act by private sector employers An employee can seek both civil and criminal remedies for violation of the act by private sector employers and government sector employer An employee can seek both civil and criminal remedies for violations of the act by government sector employers An employee is barred from criminal remedies unless he can demonstrate interference with the orderly functioning of the government 12. One way to prove a Title VII case of discrimination is: To show an employment practice while neutral on its face has a disparate impact on a protected class; To show an employment practice is negligent; To show an employment practice is illegal; None of the above 13. Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate on the basis of an employee’s: Race; Color; Sex; All of the above 14. Which of the following laws relates to labor unions? National Labor Relations Law Taft-Hartley Act Landrum-Griffin Act All of the above 15. A variety of procedures for the resolution of disputes which are alternative to court adjudication are called: full jury trial; alternative mediation procedure; alternative dispute resolution; alternative conciliation procedure. 16. The Fair Labor Standards Act provides rules that apply to: wrongful discharge; discrimination; overtime law; none of the above. 17. Title VII applies to: employers; union; joint labor and management committees; all of the above. 18. Which of the following is a defense to a claim of age discrimination? Age is a BFOQ; The claimant is 41 years old; Younger employees have traditionally performed better in the position The employer is not a governmental agency. 19. This law requires an employer to provide a safe workplace FMLA; FLSA; ERISA; OSHA 20. Title VII prohibits discrimination on the basis of affinity orientation: True False 21. Under the Americans with Disability Act (ADA), employers are required to provide employees with all requested accommodations. True; False 22. A Catholic Church would not be found liable in a Title VII action if the Church only hired teachers for Sunday school who practiced Catholicism? True; False 23. Affirmative action requires that an employer establish and implement a quota system? True; False 24. A Bona Fide Occupational Qualification (BFOQ) would be a legitimate defense to a discrimination claim based on an employee’s race? True; False 25. If an employer acts reasonably to accommodate a religious conflict, then it has not violated Title VII. True; False 26. In a disparate treatment case, the employer would be liable of intentionally discriminating against the employee. True; False 27. For an eligibility test to be legally validated as an effective gauge of performance, an employer must show that the test is job-related and consistent with business necessity. True False 28. An independent contractor can sue under Title VII: True; False 29. If an employee sues under Title VII, they first need to file a complaint in Federal Court. True; False 30. In a disparate impact case, an employer can raise the defense that the challenged policy is a business necessity. True; False
Solution Description

 

1. An employment relationship where there is no contractual obligation to remain in the relationship either party may terminate the relationship at any time is:

Contractor;

De Facto Employment;

At-Will Employment;

None of the Above.

2. A test used to determine employee status which considers the right or ability to control the work:

The Economic Factors Analysis

The FLSA test

The common law agency test

The OSHA test

3. Which of the following employees are covered by Title VII of the Civil Rights Act of 1964:

Employees of employers not engaged in interstate commerce

Non-US citizens employed outside the United States

Employees of employers who have 15 or more employees

Employees of religious institutions.

4. Different types of laws include:

Statutory Laws;

Common Law;

Administrative Law;

All of the Above.

5. If an employee is given no reasonable alternative but to terminate the employment relationship, it’s referred to as a:

De Facto Discharge;

Constructive Discharge;

Voluntary Termination;