Share
Explore BrainMass

Congress has Enacted Legislation

True or False Questions
1. T__ F__ Congress has enacted legislation that requires employers to hire certain individual or groups of individuals.

3. T__ F__ Symons, a member of the United States Communist Party, is refused a job because of her gender. Title VII provides her with a right of action against the employer, for sex discrimination.

5. T__ F__ If someone is not disabled, but others believe she is, that person is not protected against discrimination.

7. T__ F__ After seven months of negotiations, the union representing the Trout Mfg. Employees has failed to reach an acceptable collective bargaining agreement. Trout Mfg. locks out its employees. This is an unfair labor practice.
9. T__ F__ While driving his boss home from work, a part of his normal duties, Garvey is injured. Because he was injured away from the work premises, Garvey's injury will not be covered by worker's compensation.

11. T__ F__ Under certain circumstances, the FLSA allows an employer to engage in wage discrimination against disabled employees.

Multiple Choice

13. The Civil Rights Act of 1964
a. amended the Civil Rights Act of 1866 to permit jury trials in employment discrimination cases.
b. brought an end to the Vietnam War.
c. created the legal basis for nondiscrimination in housing, education, public accommodations, federally assisted programs and employment.
d. overruled Brown v. Topeka Board of Education.

15. The requirement that complained of behavior must be severe and pervasive for it to amount to actionable sexual harassment, means
a. it must be more than occasional or it must be very serious in degree.
b. it must cause severe psychological harm to the victim.
c. that it be part of a protracted and determined campaign of harassment.
d. that it involve physical, as well as emotional, abuse.

19. Government employees and employees of government contractors generally receive more privacy protection than private sector employees
a. because most privacy protection law is federal.
b. unless they have worked abroad.
c. because most privacy protection law is rooted in the Constitution, which limits the acts of governments but not private employers.
d. because most privacy protection law is aimed at protecting government secrets than at preserving the right of privacy of ordinary citizens.

21. Madison could be held criminally liable in the wake of injuries to employees at his company, arising out of previously cited, but uncorrected violations of OSHA regulations if
a. he is a corporate officer in a position of authority who supervised the activities that gave rise to the violations.
b. he knew of the hazards that gave rise to the citations.
c. he knew of the citations.
d. he was aware of the activities that gave rise to the violations.

23. Marx is a traveling furniture sales person for City Sofa Co. This past week she spent five hours in the office, and forty hours traveling and making sales calls. She is paid by the hour, at a rate of $15.00 per hour. Her gross pay for that week was $675.00.
a. Marx has been underpaid, because time worked over 40 hours per week is compensable at 1.5 times employee's basic hourly rate, which means that she should have been paid $712.50
b. Marx has not been underpaid, because the overtime pay provisions of the FLSA apply only to work performed at the employer's place of business.
c. Marx has not been underpaid, because the overtime pay provisions of the FLSA do not apply to employees engaged in outside sales.
d. Marx has been underpaid, because time worked over 40 hours per week is compensable at 1.5 times employee's basic hourly rate, which means that she should have been paid $1012.00.

25. In Moreau v Klevenhagen, the U.S. Supreme Court held that
a. overtime provisions do not apply to sales persons.
b. it is lawful, under the FLSA, to require state and local law enforcement officials to accept compensatory time off, in lieu of over time pay.
c. the FLSA requires employers to engage in affirmative action hiring.
d. it is unlawful, under the FLSA, to give state and local law enforcement officials compensatory time off, in lieu of overtime pay.

Attachments

Solution Preview

1. False - this would be blatant discriminiation against a certain group of people - it is illegal for the government to hire a certain group of people. Under the Individual Rights and Civil Order, no individual, group or government may initiate force against an other individual, group or government.

3. True - Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex or national origin.

5. False - if others think that ...

Solution Summary

Questions and answers about law, constitutional matters, legal issues, discrimination, employment and a variety of other topics.

$2.19