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Exam 33: Employment Immigration and Labor Law

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Question 41

Multiple Choice

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Metro Fabrication Inc. may be liable for the sexual harassment of an employee if the company knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by

A) the employee's previous employer.
B) a company supervisor.
C) a competitor.
D) any of the choices.

E) B) and C)
F) A) and D)

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Question 42

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An employer is not prohibited from intercepting and monitoring all communications made on electronic devices by employees during business hours.

A) True
B) False

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Question 43

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Under the Americans with Disabilities Act, employers must accommodate the needs of persons with disabilities, even if doing so causes undue hardship.

An employer may fire a worker for reasons that violate a fundamental public policy if that policy is clearly expressed in statutory law.

For a union election to be held, the organizers must show that a majority of the workers support the union.

An employer must reasonably accommodate its employees' religious practices, but only if they are based on the doctrines of a traditionally recognized religion.

Fitness Club employs only female staff to assist its female-only members in the club. Greg, a forty-one-year-old male, applies for a staff job, but is not hired. In his suit against the club under the Civil Rights Act, the club most likely has

Disparate-impact discrimination occurs when a protected class is adversely affected by the practice or procedure of an employer who intended that result.

Under the Americans with Disabilities Act, employees with disabilities must reasonably accommodate the needs of their employers.

An employer can require employees to participate in such religious activity as weekly prayer meetings with other employees.

Certain employers are required to keep occupational injury and health records for each employee, but due to privacy concerns, no employer is permitted to electronically post those records.

Sweet Air Filtration Products Company, a major supplier of air filters sold throughout the United States, employs one hundred workers at its principal manufacturing plant. The plant is located in Thunder Bay, which has a population that is 50 percent white and 25 percent African American, with the balance Hispanic American, Asian American, and others. Sweet Air requires a high school diploma as a condition of employment for its cleaning crew. Three-fourths of the white population completed high school, compared with only one-fourth of those in the minority groups. Sweet Air has an all-white cleaning crew. Has Sweet Air violated the Civil Rights Act? Explain.

Elin is thirteen years old. Under the Fair Labor Standards Act, she cannot

Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that

If an employer sued for an adverse employment action on the basis of discrimination articulates a legal reason for the action, the employer wins.

Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but fails the company's employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is

An employer cannot classify jobs as male or female but can refuse to promote employees based on their gender.

The Family and Medical Leave Act requires certain employers to provide eligible employees with family or medical leave for any of the following reasons except

Interstate Commodities Inc. keeps a file of I-9 verifications forms, which are required by the Immigration Reform and Control Act. To monitor compliance with the act, random audits and enforcement actions are conducted by

Marv files a suit against the state of New Hampshire, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that