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Exam 33: Employment Immigration and Labor Law

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Question 71

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An employer can avoid liability for sexual harassment by taking prompt remedial action.

A) True
B) False

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Question 72

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To succeed in a suit against a potential employer for discrimination under the Americans with Disabilities Act, a job applicant must show that he or she

A) was not hired solely because of a disability.
B) has a disability that does not limit any major-life activity.
C) suffers from a disability that causes undue personal hardship.
D) is willing to reasonably accommodate the employer's needs.

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

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Question 73

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During an employee's leave under the Family and Medical Leave Act, an employer must continue to compensate the employee to avoid the potential negative effect of unpaid leave on interstate commerce.

Normally, an employer is liable for a supervisor's sexual harassment only if the supervisor took a tangible employment action against an employee.

The permissibility of a private employer's drug testing of employees may hinge on whether the testing is reasonable.

Floral Workers Union represents the employees of Garden Variety Inc. The company does not require its new hires to join the union as a prerequisite to obtaining employment. This most likely violates

Ceramic Workers Union represents the workers of Delta Tile LLC. The union fails to hold elections for union officers. This most likely violates

If a state law requires employers to give employees one day off per week, an employee who works that one day may be entitled to overtime pay under federal law.

Emily, an employee of Farm Supplies Inc., files a suit against her employer, alleging sexual harassment by her supervisor Gowan. The employer may be liable if it had effective harassment policies and complaint procedures that were followed by

Federal wage-hour requirements apply to all employers engaged in interstate commerce, in producing goods for interstate commerce, and in certain other businesses.

Analytic Data Inc. wants to hire Benazir, a noncitizen. A work visa is most likely to be set aside for a noncitizen if

A worker who has voluntarily left his or her job qualifies for unemployment compensation to partially make up for the worker's loss of income.

To receive benefits under a state workers' compensation law, an employee injured on the job must promptly sue the employer.

Aircraft Corporation employs mechanics, programmers, outside salespersons, and professionals, including pilots. Employees exempt from the Fair Labor Standards Act's overtime provisions include all of the following except

An express employment contract cannot protect an employee from discharge without good cause.

Ivy is blind. Jerold has cancer. Kim has cerebral palsy. Considered to have a disability under the Americans with Disabilities Act is

An affirmative action plan may be found to be constitutional if it

Private employers are generally free to hire and fire workers at will.

Denny works for Engineers P.A. While working on an Engineers project, Denny is injured. Under state workers' compensation laws, he will be compensated only if the injury was

Owen is an employee of Paving Inc., which is performing a contract for the federal government. Owen learns that Paving is overcharging for the work. If he publicly reports the fraud, the law may protect him from being fired from his job. With respect to the employment-at-will doctrine, this is