Employment Verification And Compliance

*) Which of the following was passed to curtail union power? A) Taft-Hartley Act B) Wagner Act C) Fair Labor Standards Act D) National Labor Relations Act E) Regan Act

*) The Federal Trade Commission's (FTC’s) Cooling-Off Rule gives consumers ________ to cancel purchases they make from salespeople who come to their homes. A) three (*) days B) one (*) day C) * hours D) six (*) months E) one (*) year

*) Which of the following can be used as a defense to a bona fide occupational qualification? A) Sex B) Race C) Color D) Race or color

*) The Equal Employment Opportunity Commission (EEOC) has completed its investigation regarding Jeremiah’s discrimination case against his employer. If the EEOC decides not to sue his employer, it will issue Jeremiah a ________. A) summary judgment B) declaratory judgment C) right-to-sue letter D) interlocutory appeal E) judgment on the pleadings

*) Which federal legislation was enacted to prohibit employers from refusing to hire, discharging, or discriminating in the terms and condition of employment of older workers? A) The Geriatric Employment Act B) The Senior Worker Discrimination Act C) Title VII of the Civil Rights Act D) Equal Pay Act E) The Age Discrimination in Employment Act

*) Which of the following is the first step in a three-step process of proving disparate-treatment discrimination in employment under Title VII of the Civil Rights Act of *? A) The employee-plaintiff must demonstrate a prima facie case of discrimination. B) The employer-defendant must articulate a legitimate, nondiscriminatory business reason for the action. C) The employer-defendant must articulate a legitimate, discriminatory business reason for the action. D) The employer-defendant must demonstrate a prima facie case of non-discrimination. E) The employee-plaintiff must show that the reason given by the employer-defendant is a mere pretext.

*) Which of the following is false regarding caps on punitive damages in Title VII cases based on discrimination other than race? A) Punitive damages are capped at $*,* for employers of more than * employees. B) Punitive damages are capped at $*,* for employers of between * and * employees. C) Punitive damages are capped at $*,* for employers with * or fewer employees. D) Punitive damages are capped at $*,* for employers of more than * employees, $*,* for employers of between * and * employees, and $*,* for employers of between * and * employees.

*) Which of the following is false regarding caps on punitive damages in Title VII cases based on discrimination other than race? A) Punitive damages are capped at $*,* for employers of more than * employees. B) Punitive damages are capped at $*,* for employers of between * and * employees. C) Punitive damages are capped at $*,* for employers with * or fewer employees. D) Punitive damages are capped at $*,* for employers of more than * employees, $*,* for employers of between * and * employees, and $*,* for employers of between * and * employees.

*) Tarkanian’s Television and Appliance, L.L.C. (Tarkanian’s) advertises a *-inch flat-screen television for sale knowing that it only has two (*) in stock. The advertisement advertises the flat screen for an extremely low price. When consumers come in to purchase the television, Tarkanian’s sales personnel guide them to a much more expensive make and model. This is an example of ________. A) puffery B) bait-and-switch advertising C) fraud in the inducement D) caveat emptor E) material nondisclosure

*) Which of the following organizations are covered by Title VII of the Civil Rights Act of *? A) Indian tribes B) Private clubs C) Unions D) Private clubs and unions, but not Indian tribes E) Indian tribes, private clubs, and unions

*) If the Federal Trade Commission (FTC) requires a company to run advertisements explicitly stating that the formerly advertised claims made by the company were untrue, this is known as ________. A) corrective advertising B) bait-and-switch notification C) cease and desist D) an advertising correction order E) remedial marketing

*) While employed by a company, operating another business that competes with your employer might violate your duty of: A) Due care B) Loyalty C) Compensation D) Disclosure E) Commitment

*) Which of the following is true regarding an award of attorney fees under Title VII? A) Attorney fees are always awarded to the prevailing party in Title VII cases. B) Attorney fees are never awarded to the prevailing party in Title VII cases. C) Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust, but attorney fees are not awarded to prevailing defendants. D) Attorney fees are not awarded to prevailing plaintiffs, but if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney's fees to the prevailing defendant.

*) Which of the following is true regarding an award of attorney fees under Title VII? C) Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust, but attorney fees are not awarded to prevailing defendants. D) Attorney fees are not awarded to prevailing plaintiffs, but if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney's fees to the prevailing defendant. E) Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust, and if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney's fees to the prevailing defendant

*) Which of the following is false under federal law regarding employer monitoring of employee telephone calls? A) Employers cannot listen to the private telephone conversations of employees. B) Employers cannot disclose the content of private telephone conversations of employees. C) Employers may ban personal calls during working time. D) To check for compliance, employers may monitor calls so long as they discontinue listening to any conversation once they determine it is personal. E) Employers must give employees access to a telephone and the ability to make personal phone calls at some point during the workday, and these personal calls may not be monitored.

*) A credit card company may not bill a consumer for a damaged item that is unknowingly purchased with the card if the consumer ________. B) purchased the item in the same state as the consumer's home or within * miles of the consumer's home, and the item cost more than $* C) purchased the item in the same state as the consumer's home or within * miles of the consumer's home; the item cost more than $*; and the consumer made a good-faith effort to resolve the dispute, such as asking the store for a refund D) purchased the item in the same state as the consumer's home or within * miles of the consumer's home; the item cost more than $*; the consumer made a good-faith effort to resolve the dispute, such as asking the store for a refund; and the seller has a history of selling defective merchandise E) has used the item for personal reasons and/or in the ordinary course of the consumer's business

*) Employers should keep in mind that background screening companies that use social media sites are subject to the provisions of the ________ Act, under which the applicants must give permission for pre-employment investigations. A) Privacy in Working B) Fair Credit Reporting C) National Defamation D) Fairness in Social Media E) Employment Security

*) Which of the following is true regarding the rights of employees who smoke? A) There is a federal law specifically prohibiting employers from firing employees who smoke. B) There is a federal law specifically prohibiting employers from firing or from refusing to hire employees who smoke. C) There is a federal law specifically prohibiting employers from firing employees who smoke and from refusing to hire employees who smoke, and it also requires that employers have a designated smoking area. D) There is no federal law prohibiting employers from firing employees who smoke. E) There are no state laws prohibiting employers from firing employees who smoke.

*) Which of the following is correct regarding whether an employer may use social media in making hiring decisions? A) An employer is prohibited by federal law from using social media in making hiring decisions. B) An employer is prohibited by state law in twenty-one (*) states from using social media in making hiring decisions. C) An employer is prohibited by state law in seventeen (*) states from using social media in making hiring decisions. D) An employer may unconditionally and without reservation use social media in making hiring decisions. E) An employer may use social media in making hiring decisions if it is done carefully

*) Which of the following is correct regarding the extent to which the National Labor Relations Act (NLRA) protects the rights of employees to act together to address conditions at work? B) The NLRA protects the rights of union employees to act together to address conditions at work, but this protection does not extend to work-related conversations conducted on social media. C) The NLRA protects the rights of employees to act together to address conditions at work, with or without a union, but this protection does not extend to work-related conversations conducted on social media. D) The NLRA protects the rights of only union employees to act together to address conditions at work, and this protection extends to certain work-related conversations conducted on social media. E) The NLRA protects the rights of employees to act together to address conditions at work, with or without a union, and this protection extends to certain work-related conversations conducted on social media.

*) In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class? A) Disparate treatment B) Disparate impact C) Disparate equity D) Differential equity E) Deleterious treatment

*) What type of credit permits consumers repeated transactions and then assesses a finance charge on any unpaid balances? A) Accelerated credit B) A closed-end credit line C) An open-end credit line D) Pre-approved credit E) Lending of last resort

*) Which of the following is/are federal law(s) regulating the credit industry? A) The Truth in Lending Act B) The Fair Credit Reporting Act C) The Fair Debt Collection Practices Act D) The Truth in Lending Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act E) The Truth in Lending Act and the Fair Credit Reporting Act, but not the Fair Debt Collection Practices Act

*) Which of the following damages are allowed under Title VII of the Civil Rights Act of *? A) Punitive damages B) Conciliatory damages C) Nominal damages D) Incarceration E) Up to ten years of back pay

*) Under Title VII of the Civil Rights Act of *, which of the following occurs procedurally after an employee-plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge? A) The plaintiff wins by default judgment or by summary judgment. B) The burden of proof shifts to the employer-defendant to articulate a legitimate, nondiscriminatory business reason for the discharge. C) The burden of proof shifts to the employer-defendant to establish beyond reasonable doubt that the alleged discrimination did not occur. D) The burden of proof remains with the employee-plaintiff to prove discrimination beyond reasonable doubt, the standard of proof in a disparate-treatment case. E) The burden of proof remains with the employee-plaintiff to establish damages to a reasonable degree of evidentiary certainty.

*) Men and women may be paid different wages under the Equal Pay Act when payment is made pursuant to a ________. A) seniority system B) merit system C) system which measures earnings by quantity or quality of production D) seniority system, a merit system, or a system that measures earnings by quantity or quality of production E) seniority system or a merit system, but not a system that measures earnings by quantity or quality of production

*) According to the Federal Trade Commission (FTC), a company should not refer to its product as “Made in the USA” unless ________. A) all, or virtually all, of the product’s components and labor are of United States (U.S.) origin B) * percent of the product’s components and labor are of North American origin C) at least * percent of the product’s components and labor are of U.S. origin D) at least * percent of the product’s components and labor are of U.S. origin E) at least * percent of the product’s components and labor are from Canada, Mexico, or the U.S.

*) Which of the following federal agencies is responsible for immigration worksite enforcement? A) The Federal Trade Commission (FTC) B) The Interstate Commerce Commission (ICC) C) The Occupational Safety and Health Administration (OSHA) D) Immigration Customs and Enforcement (ICE) E) A federal agency is not responsible for immigration worksite enforcement since this responsibility has been delegated to the individual states.

*) Through which of the following theories can an employee-plaintiff prove discrimination under Title VII of the Civil Rights Act of *? A) Disparate treatment B) Disparate impact C) Disparate equity D) Disparate treatment, disparate impact, and disparate equity E) Disparate treatment and disparate impact, but not disparate equity

*) Which defense allows an employer to discriminate in hiring on the basis of sex, religion or national origin when doing so is necessary for the performance of the job? A) bona fide occupation qualification defense B) merit defense C) seniority defense D) work habits defense E) disparate treatment defense

*) The primary purpose of the Equal Pay Act was toeliminate: . A) situations where women were forced to engage in unreasonably dangerous jobs. B) situations where women are granted favorable employment decisions over men C) situations where men are granted favorable employment decisions over women D) situations in which women, working alongside men or replacing men, are paid lower wages for doing substantially the same job E) situations where men, working alongside women or replacing women, are paid lower wages for doing substantially the same jo

*) When is an employer not required to offer an employee the option to continue medical benefits under the Consolidated Omnibus Reconciliation Act (COBRA)? A) When the employee is fired for gross misconduct B) When the employer decides to eliminate benefits for all current employees C) When the employee quits without notice D) When the employee is fired for gross misconduct, the employer decides to eliminate benefits for all current employees, or the employee quits without notice E) When the employee is fired for gross misconduct or the employer decides to eliminate benefits for all current employees, but not when the employee quits without notice

*) Civil penalties for employers who fail to comply with the laws regarding the hiring of foreign workers begin with a minimum of ________ per authorized worker for the first offense and range up to ________ or more per unauthorized worker for employers who engage in a “pattern and practice” of hiring undocumented workers. A) $*,*; $*,* B) $*,*; $*,* C) $*,*; $*,* D) $*; $*,* E) $*; $*,*

*) The Truth in Lending Act regulates ________. A) open-end credit B) closed-end credit C) credit card applications and solicitations D) open-end credit, closed-end credit, and credit card applications and solicitations E) open-end credit and closed-end credit, but not credit card applications and solicitations

*) How much must an employee pay in order to continue health benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA)? A) One-half the policy premiums B) All the policy premiums, plus up to a five (*) percent administrative fee C) The percentage of policy premiums the employee paid while he or she was employed D) All the policy premiums, plus up to a two (*) percent administration fee E) Nothing, since COBRA requires the employer to pay for all health insurance-related premiums

*) Employers are required to retain I-* forms for a period of at least ________ from the date of hire or ________ after the employee is no longer employed, whichever is longer. A) 90 days; 30 days B) 180 days; 60 days C) one year; 30 days D) two years; 180 days E) three years; one year

*) The Federal Trade Commission (FTC) considers ________ an abusive action by a telemarketer. A) using profane or obscene language toward a customer B) calling a person who has previously requested to be removed from the seller's calling list C) calling a residence before * a.m. D) using profane or obscene language toward a customer, calling a person who has previously requested to be removed from the seller's calling list, and calling a residence before * a.m. E) using profane or obscene language toward a customer and calling a person who has previously requested to be removed from seller's calling list, but not calling a residence before * a.m.,