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Exam 33: Employment Immigration and Labor Law

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Question 51

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Olive is a supervisor for Pasta Garden, a restaurant. Qui is a Pasta Garden employee. The owner announces that some employees will be discharged. Olive tells Qui that for sexual favors, she will give him an excellent performance review and recommend a raise. This is

A) employer retaliation.
B) hostile-environment harassment.
C) none of the choices.
D) quid pro quo harassment.

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

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Question 52

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The National Labor Relations Act established the right of private-sector employees to form unions and to strike.

A) True
B) False

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Question 53

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Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claim under Title VII and other federal discrimination laws.

Notifying employees that their e-mails and phone calls may be monitored protects an employer who also monitors social media posts and text messages from liability for invasion of privacy.

Vehicle Assembly Inc. operates a plant near the border between the United States and Mexico. Due to the location, it would be easier for the company to employ noncitizens. In this circumstance, it is legal for a U.S. employer to

Baristas Union petitions the National Labor Relations Board for an election on organizing a union among the employees of Coffee Café Company. For an election to be held, the union must represent

If an employer does not pay unemployment taxes, the government can place a lien on the business's property to secure the debt.

Under the Age Discrimination in Employment Act, the plaintiff must show that the unlawful discrimination was only one of the reasons for an adverse employment action.

Employees who work ten hours a day, for four days a week, are entitled to overtime pay because they work more than eight hours a day.

Food Mart Company employs workers, including Gina, at six locations in two states. Food Mart's discharge of Gina against the terms of an implied employment contract may result in

Devon takes temporary family leave from her job at Equipment Sales Company to care for a newborn baby. With respect to Devon's health-care coverage, during the leave, under the Family and Medical Leave Act, Equipment

Healthy Harvest Company runs a fruit processing and packaging plant. Most of Healthy Harvest's business is done during holiday seasons, especially between Halloween and New Year's Day, and in the spring. The company hires a large temporary workforce during its busiest times. Can Healthy Harvest hire noncitizens for its temporary, seasonal work? If so, what procedures must the employer follow to do this hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?

Compliance with Title VII of the Civil Rights Act is monitored by

Rico works for Street Tacos Inc. The basis for Rico's contribution under the Federal Insurance Contribution Act to help pay for benefits that will partially make up for his loss of income on retirement is

The Equal Pay Act requires equal pay for male and female employees working at the same establishment, regardless of the work they do.

Sexual harassment occurs when a pattern of sexually offensive conduct runs throughout a workplace and the employer takes no steps to prevent it.

A plaintiff who sues on the basis of disparate-treatment discrimination in hiring must make out a prima facie case of illegal discrimination, and will win in the absence of a legally acceptable employer defense.

When workers must be laid off, the company cannot consider union participation as a criterion for deciding whom to fire.

An injury that occurs while an employee is commuting to or from work is usually not considered to have occurred on the job or in the course of employment and hence is not covered by workers' compensation law.

Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely