Reference no: EM13785997

1. Federal employee claims of discrimination are filed through the EEOC.

True

False

2. Gender Plus discrimination refers to discrimination based on transgenderism.

True

False

3. Hannah Bing was hired by Friendly Catering Company. The employee handbook stated that employees would only be terminated for good cause. Hannah was fired and replaced by her supervisor's niece. Hannah cannot file a wrongful discharge lawsuit against Friendly Catering Company because she is an employee-at-will.

True

False

4. If Sally's employer subjects her to more severe discipline for an act of misconduct than a similarly situated fellow employee not in her protected group for the same act of misconduct, Sally is being subjected to disparate treatment discrimination.

True

False

5. If an employer does not make any withholding from a worker's pay for taxes, then the IRS deems the worker to be an independent contractor.

True

False

6. If an employer that has a "no beard" policy grants an exception to a black male who provides credible evidence of a condition of pseudo folliculitis barbae ("PFB") the policy will become unenforceable because white employees will be able to claim discrimination if they are not allowed to grow beards.

True

False

7. If there has been a finding of past discrimination, the Civil Rights Act of 1991 made it legal to adjust or alter the scores of employment related tests on the basis of race, color, religion, gender or national origin.

True

False

8. Justice Thurgood Marshall argued Brown v. Board of Education, which ended segregation in public schools in 1954.

True

False

9. Major Tire Company's plant in Charleston, South Carolina was destroyed when Hurricane Hazel hit the coast. The company officially closed the facility after reviewing the damage and terminated all 500 workers. The company did not give the employees 60 days' notice, and it is liable under the WARN Act.

True

False

10. In a disparate treatment case of disability discrimination, the employer can defend with a bona fide occupational qualification.

True

False

11. The Americans with Disabilities Act includes a specific list of impairments that are required to be treated as disabilities.

True

False

12. COBRA gives qualified participants and beneficiaries the right to continue to receive health insurance benefits at the employer's expense after a change in circumstances such as termination or divorce for up to 18 months.

True

False

13. Zola is a dancer at the Silver Fox gentleman's club. According to the ruling in Reich v. Circle C. Investments, Inc., she is an independent contractor and her employer is exempt from the FLSA.

True

False

14. Under HIPAA, an employer may not request medical documentation to confirm illness pursuant to an employee's request for FMLA leave.

True

False

16. Andrea is a 1st grade teacher. She is new to the job and usually works until 5:30 p.m. every evening to prepare her lesson plans for the following day. Andrea is not paid overtime pay and her employer has violated the FLSA.

True

False

17. When OSHA issues citations or penalties for workplace safety violations, employers can challenge the citation or penalty directly in Federal District Court.

True

False

18. Anthony has gotten a job delivering newspapers. He is 13 years old. The City News has not violated the child labor laws.

True

False

19. When the government infringes on a fundamental right, the government must have a compelling state interest.

True

False

20. Private sector employees can sue their employers based on state tort law as well as for violation of their constitutional right to be free from unreasonable search and seizure.

True

False