LEG&SOC ENVIR OF BUSI
LEG&SOC ENVIR OF BUSI MGMT 211
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Date Created: 10/21/15
W F 0quot Ch 1 Which of the following is a justification for the doctrine of Respondent Superior A Employers are more careful in selecting employees Employers are liable for the harm caused in doingits business Employers are in a position to get liability insurance Both A and B All of the Above None of the Above TID39IUOUU If the work being done is inherently dangerous then the employer is responsible for both employees and independent contractors A True B False Which of the following is in the correct order when dealing with cases of negligent hiring by employers Breach Duty of Care Damages Causation Duty of Care Causation Breach Damages Causation Breach Duty of Care Damages Duty of Care Breach Causation Damages None of the above monwtb Negligent retention is when A Employers knew or should have known the job applicant would create an undue risk Employer receives new evidence ofa current employee and therefore is liable because they knew or should have known the employee created an undue risk Employer could have reasonably foreseen an applicant was a risk Both A and C All of the above 01 MUD Even if an employer ran a background check on potential employees they could still be liable for negligent hiring A True B False The Fair Labor Standards Act originally established Minimum wage at 625 40 hour work week Child lab or laws overtime pay at time and a half Minimum wage at 725 40 hour work week Child labor laws the minimum wage has not changed since the act Both B and C monwtb Workers not covered under the FLSA are A Domesticworkers B Workers involved in interstate commerce C Federalworkers D Farm workers 8 Which of the following are exempted under the FLSA Executives outside salesmen state and local administrators Casual baby sitters professional employees federal workers executives Outside salesmen small farmers executives casual baby sitters Domestic workers administrators professional employees federal workers UCUUDgt 9 Which of the following workers is not exempted from overtime pay Farm workers Domestic service workers who live in employers home Certain commissioned employees Executives All of the above monwtb 10 In order for an employer to pay an employee subminimum wage they must Be full time students at a place of higher education Individuals whose productive productivity is affected by age Qualify for youth subminimum wage A and C B and C All of the above mmonmgt 11 In order to qualify for youth subminimum wage the employee must be under the age of 18 and work for less than 90 days A True B False 12 In order to qualify for overtime pay the employee must be A Engaged to wait B Waiting to be engaged C Engaged to wait or waiting to be engaged D None of the above 13 The child labor provisions of the FLSA states that 16 year olds have no day and hour restrictions but cannot work in hazardous conditions A True B False 14 Which of the following is not part of the Social Security Act of 1935 A Weekly benefits up to 50 oflast wage B Employer pays a base unemployment tax for workers who are fired if they draw then the tax stays the same C To qualify an unemployed person who is available for placement at a job of comparable pay D Can only receive benefits for 26 weeks 15 The purpose of the Social Security Act of 1935 was to create an unemployment insurance program that allows the federal government to provide unemployment benefits under the acts restrictions A True B False 16 Which of the following is an example of employee misconduct Frequently missing work because of sickness Testing positive for drugs Frequently being late to work Do not have enough information to answer the question UCUUDgt 17 It is illegal for an employer to recruit or refer an illegal aliens True B False 18 What is the one exception to workers compensation laws A Fault B Intentional tort C Negligence D None of the above 19 Benefits can be received under workers compensation if A Immediate medical care is needed B Death occurs C Disfigurement occurs D B and C E All of the above 20 Generally which of the following is with in the quotcourse of employment A quotComing and going B Unpaid lunch breaks C Entertaining clients D quotSpecial errands 21 When it comes to privacy an employees privacy interest are always more important than an employers need to know A True B False 22 The USA Patriot Act gives government officials increased authority to monitor Internet activities but does not give them authority to monitor personal financial information A True B False 23 What is an example of employers trying to discourage unhealthy activities in order to prevent high health care costs A Mandatory nicotine tests B Asking an employee ifhe has been bungee jumping C Firing waitresses for gaining weight D A and B E All of the above 24 Fundamental rights include the right to privacy A True B False 25 The Supreme Court has recognized privacy rights by A Freedom from government interference in family and sexual life B Preventing the government from publishing information C Individuals and companies are free from unwarranted and unreasonable searches and seizures A and C All of the above WP 26 HIPPA does all of the following except A Limits the circumstances in which an individuals health info may be disclosed B Patient information may be used for purposes other than health care C Requires that health care providers inform patients of their right to privacy D Defines the circumstances in which an individuals health info may be disclosed 27 The strict scrutiny test of the 14th amendment protects all of the following specific classes except Race Citizenship C Religion D National origin E None of the Above P3 28 The intermediate scrutiny test of the 14th amendment states that the government must have a compelling and overriding interest that is narrowly tailored A True B False 29 In New York restaurants over 1000 square feet must be inspected twice a year smaller restaurants only once a year This is an example of the A Strict Scrutiny test B Intermediate Scrutiny test C Rational Relationship test D None of the Above 30 Which of the following is true A Strict Scrutiny covers race citizenship and religion B Intermediate Scrutiny covers gender and national origin C Rational Relationship covers social and economic issues D Non ofthe above 31 Which of the following is an exception to the equal pay act of 1963 Seniority system Merit system System that measures earnings on quality or quantity of products Differential based on any factor other than sex A and B All of the Above mmonmgt 32 The substantially equal test states that jobs do not have to be equal but must be substantially equal A True B False 33 The civil rights act of 1964 prohibits discrimination on employment on which of the following classes Race National Origin Religion and Disabilities Color Race and Religion Sex Religion and Disabilities Race Religion and Age None of the Above monwtb 34 In order to be held to Title VII of the civil rights act of 1964 an employer must have at least 50 employees A True B False 35 What two classes did the Texas Labor Code add to Title VII A Age and Sex B Disabilities and color C Age and Disabilities D None of the Above 36 In the EEOC grievance procedure if EEOC decides not to litigate then they issue a right to sue letter to the employee A True B False 37 In Disparate Impact the defendants burden ofproofinclude all of the following except A Ajob related reason E Business necessity C Seniority system D Merit system E Bonified occupation qualification F None of the above 38 Race includes all of the following except A Hispanics B Whites C Blacks D Native Americans E Asian Pacific 39 There is no legislative history on what Congress meant when it outlawed discrimination on the basis of quotsexquot True B False 40 Federal courts have interpreted the protections to include discrimination based on ones sexual orientation or affiliations A True B False 41 Vicarious liability covers A Quid pro quo B Hostile work environment C Quid pro quo and hostile work environment D Non ofthe above 42 QPQ and HPE are two theories under which a person can sue the employer for coworker sexual harassment A True B False 43 Which of the following is not an element of QPQ A Has to show belongs to a protected class B Subject to unwelcome harassment C Harassment based on sex D Plaintiff must show that harassment effects a term condition or privilege of employment E None of the above 44 Loss of a tangible employment benefit as a result of a refusal to submit to a sexual demand is an element of A QPQ B HWE C Both D Neither 45 Which of the following is not considered a tangible employment benefit A Being fired No raise No promotion Not being hired None of the above woman 46 The employer can escape liability under HWE by showing A They used reasonable care to prevent and promptly correct the behavior B Victim unreasonably failed to take advantage of the corrective opportunities C A and B D A or B 47 Totality of Circumstances test includes A How victim acts How victim dresses What the victim does in free time A and B All of the above WOODS 48 Threats ofloss of employment benefits result in QPQ sexual harassment cases True B False 49 All of the following except are factors of determining how hostile an environment is Whether its voluntary B Unreasonable interference with work performance C Frequency D Severity gt 50 Title VII of the Civil Rights Act covers same sex harassment A True B False If the harasser is motivated to general hostility by men in the workplace this is a QPQ claim on samesex harassment A True B False Employer liability for coworker sexual harassment is always QPQ HPQ Either None of the above com In employer liability for coworker sexual harassment cases the plaintiff must show all of the following except A Employer knew or should have known about sexual harassment B Employer failed to take prompt and reasonable corrective action C It is based on sex D Loss of tangible employment benefit E None of the above An employer is liable for sexual harassment by nonemployees A True B False Ifa private corporation employs an employee then they are protected by the equal protection clause and the Civil Rights Act A True B False Under the Federal Family and Medical Leave Act employees can receive up to 12 weeks of unpaid leave during any 12 month period for A Birth or adoption of employers child B To care for employees spouse child or parent with a serious health condition C Serious medical health condition of employee D B and C E All of the above In order to qualify for FMLA the employee must work for a covered employer and work at least 1200 hours the previous year A True B False The definition of disability includes A Any physical or mental impairment that substantially limits a major life activity B Have a record of such an impairment C Being regarded by others as having such an impairment D A and B E A and C F All of the above 59 To establish a violation of the ADA plaintiff must prove they A Have a disability B Are otherwise qualified for a job C Excluded from job solely based on ability D A and B E All of the above 60 Employer s obligations to assist disabled workers include making facilities assessable and usable A True B False Answers 2quot 990N991 gt9 9 onomgtmogtm H mwnmwgtowmgtmwn gtaaaeagteaagtgtaaaagteaaagtgtagtbaa aaaaaaegta 4 V39 0 MGMT 21 17202 Exam 1 Review PreChapter l The law is the enforceable rules governing relationships among and between and their a Government government corporation b People people society c People people government d Government government citizens All of the above are sources of law EXCEPT a Constitutional Law b Statutory Law c Administrative Rules amp Regulations d Case Law Common Law e Natural Law Which is NOT an ancient court that helped mold our modern court system a King s Court b Sheriff s Court c Chancellor s Court d All of the above apply Which does not related to Stare Decisis a To stand on decided cases b Precedent prior similar cases c Law s can t be deemed outdated d Can be deemed outdate or wrong Which of these is NOT something considered when looking at an issue for the first time a Persuasive authority look at other states jurisdictions b Legal principles and policies underlying previous court decisions and current statutes c Look at other countries laws d What s fair e Social values and customs Constitutional law is the supreme law of the land in the United States as seen in Texas v Johnson though there are many laws that violate the US Constitution What clause gives the Constitution its supremacy a Good faith clause General welfare clause Supremacy clause Due process clause Presentment clause rug99 O Some examples of statutory laws are all of the following EXCEPT a Uniform laws b Uniform commercial code c Statutory laws at county level d Conformity laws Examples of Administrative Law authorities are all of the following EXCEPT a EPA b FDA c FCC d All of the above Areas of the law that de ne describe regulation and create legal rights and duties are a Substantive b Procedural c Public d Private e Civil f Criminal Dealings between people and other people are a Substantive b Procedural c Public d Private e Civil f Criminal The method of enforcing your rights is a Substantive b Procedural c Public d Private e Civil f Criminal Relationships between people and the government is a Substantive b Procedural c Public d Private e Civil f Criminal Involve the wrongs committed against the public as a whole violate of penal laws viewed as crimes against the state a Substantive b Procedural c Public d Private e Civil f Criminal 5 UI ON 00 O N O Involve the rights and duties that exist between people or people and their government in noncriminal matters ie liability not criminality a Substantive b Procedural c Public d Private e Civil f Criminal Which ofthese does NOT apply to civil cases a Plaintiff TE Defendant A b Compensation as a purpose c Beyond a reasonable doubt burden of proof d By a preponderance of the evidence scale tipping burden of proof Which of these does NOT apply to criminal cases a State St Defendant A b Compensation as a purpose c Punishment as a purpose d Beyond a reasonable doubt burden of proof Which is NOT a remedy way to redress a wrong available in civil litigation a Remedy at law legal or money damages b Criminal charges punishment c Remedy in Equity equitable remedies d All are civil remedies Which is NOT an actual damage out of pocket loss a Loss of time wages past and future b Loss of money medical bills etc past and future c Property damages d Pain and suffering Which is NOT a special damage intangible Pain and suffering physical pampf Injury to reputation pampf Mental anguish pampf Disfigurement pampf Loss of earning capacity All of the above are special damages homo Punitive damages remedies at law are a Also called exemplary damages b Derived from gross negligence c On top of compensatory damages d All of the above Which are compensatory damages remedies at law Actual Damages Special Damages Punitive Damages AampB 993 22 Which of these is NOT a remedy in equity equitable remedy a Speci c performance b Wage earning capacity c Injunction d Recission 23 For a specific performance remedy parties must be in a unique 7 which one of the parties must Court orders the party to perform the act set forth a Accord drive b Agreement uphold c Contract breach d Sale perform 24 When the court grants an injunction a court order directing someone to do or stop doing an action the court can grant which types of restraining orders a Temporary restraining order 7 30 days for example instantly proof but before case emergency b Temporary injunction 7temporary initial hearing then full trial goes away or made permanent c Permanent injunction 7 permanent d Permanent restraining order 7 follows temporary restraining order e B C amp D f A B amp C g All of the above 25 A recission a Deals with parties in a contract b Makes permanent their contract c Edits the contract d Undoes the contract e Both A and D 26 Which ofthese is NOT correct a Trial court Smith V Jones b Court of Appeals Appellant Jones V Appellee Smith c Court of Appeals Appellee Jones V Appellant Smith d Court of Appeals Appellee Smith V Appellant Jones e Supreme Court Petitioner Smith V Respondent Jones 27 The different case opinion options are EVery judge agrees Majority of judges agree this is the outcome of the case Agree on who but disagree on why one of the minority Disagree with who and why one of the minority a Majority Concurring Dissenting Unanimous b Unanimous Majority Concurring Dissenting c Concurring Unanimous Majority Dissenting d Majority Concurring Unanimous Dissenting 28 The power of the court to hear the case is the a Venue b Standing c Jurisdiction d None of the ab0Ve 29 30 31 32 33 In Personam jurisdiction a Focuses on where the defendant is from Can be waived Applies to residents Can be used on nonresidents present in the state Can be used on nonresidents with longarm jurisdiction using minimum contacts All of the above Individual minimum contacts does NOT occur in which situation Injury within the state Form contract within state Breach contract within state Live in bordering states of the state Come to the state regularly for business All of the above are individual minimum contacts Business minimum contacts does NOT occur in which situation quothtDQOU Wop96 a Business in the state b Advertise or sell in the state c Goods in the stream of commerce of the state d All of the above are business minimum contacts jurisdiction occurs when the court exercises power over property due to property residing in the state a In Personam b In Dem c In Rem d In Revellum e InNOut Burger Subject Matter Jurisdiction depends on all of the following EXCEPT a Dollar Amount b Residency c Civil Criminal d General Limited Jurisdiction 34 True or false Original jurisdiction occurs when the case is heard for the first time and 35 appellate jurisdiction occurs when higher courts review rulings a True b False c Idk my bff Rose Ijust hate MGMT 211 Subject matter jurisdiction of the Federal Courts relates to all of these EXCEPT Federal questions Falls to state courts if doesn t fit Diversity jurisdiction 7 citizens of different states Diversity jurisdiction 7 gt 75000 Corporations do not apply rug99 36 All of these apply to Diversity Jurisdiction EXCEPT a Parties are citizens of different states b A defendant plaintiff cannot be from the same state as another defendant plaintiff Damages greater than 75000 Corporations have dual citizenship state of incorporationprinciple place of business e A defendant cannot be from the same state as a plaintiff 37 Concurrent jurisdiction occurs when fed and state courts have jurisdiction Exclusive jurisdiction occurs when only the state or the fed court has jurisdiction True or false 99 a True b False 38 Which is exclusively federal a Bankruptcy b Divorce c Adoption d None of the above 39 Which is exclusively state a Divorce b Adoption c Patents d Copyrights e AampB 40 The venue geographic location most appropriate for the trial can be all of these EXCEPT a County where the defendant resides b County where the cause of action occurred c County where the plaintiff resides d Moved to another county in the interest of justice e Moved to another county in the interest of convenience 41 Standing what gives the court jurisdiction over the case is a A sufficient stake in the outcome b A justiciable controversy c A hypothetical incident d AampB e All of the above 42 Fill in the Federal Court System Model 43 Fill in the Texas Court System Model State Highest Appellate Courts Intermediate Courts 200k in Brazos County Up to 200k in Brazos County 5000 or less Lower Courts Answer Key 1B 2E 3B 4C 5C 6C 7D 8D 9A 10D 11B 12C 13F 14E 15C 16B 17B 18D 19F 20D 21D 22B 23C 24F 25E 26C 27B 28C 29F 30D 31D 32C 33B 34A 35E 36B 37A 38A 39E 40C 41D 42US Supreme CourtUS Court of AppealsFed Adm Agencies US District Courts Specialized US Courts State Courts 43Supreme CouIt Court of Criminal Appeals Court of Appeals District Courts County Courts MunicipalJustice of Peace Courts MGMT 211 Test 2 Practice Test This message will be removed when you register gtgt MGMT 211 Test 2 Practice Test 1 Disclaimer The questions aren39t meant to be very hard but moreso for it to be used as a study tool so don39tjust focus on getting the answer right but rather look at the question as a whole as a studying device Also the practice test is more geared towards learning the concepts and not necessarily applying them This should be a good way to start studying Anyways hope it helps and I hope we all make A39s It is my prayer that everyone is successful on this test Thanks amp Gig 39Em ltMatthew 1128 30gt PS If I made an error or something my bad As mentioned the questions aren39t that hard so you should be able to tell if I made an obvious screwup Respondent Superior quotLet the master respondquot Employers are responsible for the actions of employees committed a except in inherently dangerous situations 0b as an employee or independent contractor 00 within the course and scope of employment 0d within a broad range of situations Oe none of the above apply 2 Which of the following is NOT a justification for the doctrine of Respondent Superior a Employers benefit from employees 5 Ob Employer is in betterfinancial position to get liability insurance Oc Employers are more careful in hiring Od Employers are less likely to hire independent contractors oe All of the above are justifications for the doctrine VV 3 Employers are not responsible for independent contractors EXCEPT fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test when 9a the work is inherently dangerous 0b the employer has the right to control oc none of the above Employers are never responsible for independent contractors Od both AampB oe the contractors get in bar fights at the Dixie Chicken El 4 Negligent hiring is a breach of the duty of care in hiring An employer is liable for this breach if a employer knew or should have known that the job applicant would in create an undue risk of harm to others in doing his or herjob quot ob the applicant has served jail time in the past oc employer could have reasonably foreseen injury to a 3rd party 0 d both AampB Oe both AampC 5 If the employer knew or should have known that the employee would have created undue ris of harm to others in doing his job he or she is liable for a Negligent Retention Ob Negligent Hiring oc Negligent Referencing od Respondent Superior Oe Travis Welwood39s beard 1E 6 The Fair Labor Standards Act FLSA established a minimum wage 725 per hour E o b 40 hourweek work limit oc overtime pay of 15x wages Od child labor laws Oe all of the above 7 Which of these categories of workers are NOT covered under the FLSA fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test a Those at businesses engaged in interstate commerce 5 O b Domestic workers 00 Small farm employees Od State and local government workers Oe Most federal employees 8 Which of these workers ARE covered under the FLSA Execu ves O b Administrators O a 00 Professional employees o d Outside salespersons Oe Employees of small farmers Of Domestic workers Og Casual babysitters 9 Which of these workers are NOT exempted from overtime pay provisions ONLY Oa Certain highly paid commissioned employees of retail and service 5 businesses 0 b Truck drivers oc Farm workers Od Domestic service workers living in employer39s home Oe The Slap Chop Guy 10 Illegal aliens are not entitled to minimum wage True or false a True 0 b False 11 All of these are provisions of sub minimum wage EXCEPT Oa full time students at institutes of higher education Ob youth sub minimum wage can be paid to employees under 20 for n the first 90 consecutive days of employment 00 individuals who cannot provide proof of citizenship Od individuals whose productive capacity is impaired by age or fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test physical or mental deficiency or injury Oe All of the above are provisions of sub minimum wage 12 Which orders these child labor provisions in the following order correctly restricted from mosty types of work no hourly and dayly restrictions but cannot work in hazardous occupations allowed to work in most nonhazardous situations hours days and which hoursdays are restricted ill a lt14 14 15 gt15 Ob gt15 lt14 1445 0c 1445 gt15 lt14 Od 14 15 lt14 gt15 Oe lt14 gt15 14 15 13 The Social Securty Act of 1935 established unemployment insurance provisions which allow states to provide unemployment benefits under the act39s standards Who gets these benefits 9a An unemployed person who is unavailable for placement in a similar position comparable pay Ob An unemployed person who is available for placement in a lower w position similar pay 00 An unemployed person who is available for placement in a simlar position comparable pay od An employed person who is available for placement in a higher position greater pay Oe Jordan Sawyer because he likes Michigan and everyone knows that Michigan sucks 14 Under the SSA of 1935 what do applicable persons receive a Weekly benefits 50 of wages up to 26 weeks In ob Monthly benefits 50 of wages up to 52 weeks Oc Weekly benefits 75 of wages up to 26 weeks Od Weekly benefits 50 of wages up to 52 weeks Oe A trip to meet Barack Obama 15 SSA unemployment benefits are funded through a fund with a set fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test base tax True or False 9a True 0 b False 16 The issue of misconduct in regards to unemployment benefits is whether the employer is justified in firing the employee True or false ill a True 0 b False 17 Misconduct in unemployment cases is a based around whether or not the employee committed misconduct In ob is willful wanton substantial disregard for the employer39s interests O c incompetence andor negligence 0d all of the above 0 e AampB only 18 An employee is not entitled to any money when he or she voluntarily quits except a buyout package quits pursuant to voluntary termination plan or b good cause Which of the following are NOT elements of the quotgood causequot test 9a Did the plaintiff have a reasonable dispute with the employer 9 ob Did the plaintiff perform his duties to the level of a reasonable person Oc Did the plaintiff take reasonable steps to resolve the dispute before quitting od All of the above are elements of the good cause test Oe Not the answer but hey the Ags just beat Baylor Silly Bears you are still Baylor 19 Which is NOT a rationale for the IRCA a Prohibiting illegals from getting jobs ob Promoting amnesty allowing for illegals to come fonNard safely Oc Sanctioning businesses who hire illegals Od Preserving US jobs fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test 20 Which of the following is not a characteristic of IRCA employer sanc ons 9a It is illegal to hire recruit or refer for a fee unauthorized aliens ob It is illegal to employ an alien in the US knowing that the alien is n or has become unauthorized with respect to employment quot397 00 The civil penalties are 250 2000 per alien for the first offense 2000 5000 per alien for the second offense 0d The criminal penalties for the pattern and practice of hiring illegals is up to 5000 fine and jail for 6 months Oe All of the above are characteristics of IRCA employer sanctions 21 Worker39s compensation laws entitle workers and their dependents to compensation for work related to injuries deaths occupational diseases without regard to fault or negligence Benefits arising out of and being within the course and scope of employment are all of the following EXCEPT a Immediate medical benefits 0 b Prompt periodic wages 00 Death benefits Od Payment for loss of function or disfigurement oe Pain and suffering of Vocational retraining services 22 Which of these is a generally compensable work situation a unpaid lunch breaks Ob paid phone breaks oc quotcoming and goingquot od quotspecial errand exceptionquot Oe Blake Holler sneaks out of the office to raid the neighborhood Krispy Kreme and is struck by a Shipley39s Donuts delivery van oh the irony 23 The balancing test for surveillance at work weighs the employer39s need to know and the employee39s privacy interests True or false fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test a True 0 b False 24 Which of these is not a statute concerning employer intrusion 9a Electronic Communication Privacy Act of 1986 ECPA O b quotBusiness Extension Exceptionquot to the ECPA oc US Surveillance Act of 1992 USSA Od USA Patriot Act of 2001 De All of the above are statutes concerning employer intrusion 25 The USA Patriot Act gives the government increased authority to monitor Internet activitiespersonal infomfation for no reason whatsoever True or false l a True 0 b False 26 True or false Employers want to curb habits driving up health care costs Employers have regulated all of the following smoking high blood pressurecholesterol engaging in high risk activities drinking and a weight gain 9a True 0 b False 27 Which of the following is recognized by the Supreme Court as a strand of privacy rights 63a Freedom from government interference in the choices you make about your private family and sexual life ob Preventing the government from publishing our most private and intimate information like medical and sexual histories Oc 4th Amendment guarantees individuals and corporations are to be free from unwarranted and unreasonable searches and seizures od All of the above 28 To invade the privacy of a person living in the US you must prove a quotcompelling and overriding interestquot fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test ii 1 lEI in O a True 0 b False 29 Which is NOT an aspect of HIPAA a Defines limits on the disclosure of health information Ob Requires health care providers and plan providers including some employers to inform patients of privacy rights oc Assures individuals of health information and genetic privacy od Ensures that patient information will not be used for non health reasons ie marketing 0e Informs entities of their responsibilities including writing procedures designating officials limiting access securing records training employeesvolunteers and sanctioning policy violations Of All of the above are aspects of HIPAA 30 What piece of legislation established that quota state may not deny to any person within itsjurisdiction the equal protection of its lawsquot 9a 13th Amendment 0 b 14th Amendment Oc Equal Protection clause Od Separate but Equal clause Oe Both BampC of Both BampD 31 The government must treat similarly situated people in a similar manner False or true a False o b True 32 Which of these is NOT a standard of review under equal protection a Rational Scrutiny Ob Intermediate Scrutiny Oc Strict Scrutiny Od Rational Relationship fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test 33 Which of the following is NOT a suspect class applicable under the strict scrutiny test a Race Ob National origin 00 Gender od Citizenship oe All of the above are applicable iE 34 Which of these are NOT fundamental rights which are a basis of the strict scrutiny test a 1st Amendment rights Ob Right to privacy 00 Right to vote Od Right to interstate travel Oe All of the above are fundamental rights 35 The test for Strict Scrutiny is quota compelling and overriding interest that is loosely tailoredquot False or true a False O b True 36 Which of these is NOT a classification under the intermediate scrutiny test 9 a Gender 0 b Citizenship O c Legitimacy Od All of the above are classifications under the intermediate scrutiny test iE 37 The test for intermediate scrutiny is a quotreason that is substantially related to an important government objectivequot True or false O a True O b False fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test lE 38 Classifications under the rational relationship test are all of the following EXCEPT a Social issues ob Economic issues Oc Relational issues Od All of the above are classifications under the rational relationship test 39 The test for rational relationship is to quotshow any relationship rational or irrational to a legitimate government purposequot True or false 9 a True 0 b False 40 Race can only be used in narrowly tailored situations such as being used as a quotplus factorquot True or false a True 0 b False 41 The Equal Pay Act of 1963Section 6d of the FLSA prohibits discrimination against employees of one sex by paying lower wages than to employees of the opposite sex on jobs of the same company that require equal effortskillresponsibilities and performed under equal working conditions Which is NOT one of the four exceptions to this rule 9 a Seniority system 0 b Merit system Oc System measures earnings on quality or quantity of production Od Rules on unequal gender pay listed in company policy oe A differential based on ANY factor other than sex 42 Title VII of the Civil Rights Act of 1964 prohibits discrimination on five categories of people Employers must have 15 or more employees under these protected classes Which of the following is NOT one of these protected classes fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test l 9a Race 0 b Color DC National origin od Religion Oe Sexual orientation Of Sex 43 Employee Sam Totusek feels discriminated against due to his heritage as the decendant of Czech kolache makers and lifeguards Totusek files a charge with Commission XYZ XYZ investigates for reasonable cause If reasonable cause is found the case will be taken to reconciliation Then XYZ will decide whether to take the case to litigation or possibly not which would allow Totusek to sue Which commission is XYZ a Texas Labor Commission Ob Equal Employment Opportunity Commission 00 Civil Rights Act Commission od Texas Civil Rights Board Oe None of the above 44 The two different theories of discrimination are disparate treatment and disparate impact True or false a True 0 b False 45 Disparate treatment is an adverse effect while disparate impact is when an employer treats some individuals less favorably than others because of RCNORS True or false 6 a True 0 b False 46 The plaintiff39s burden of proof in a disparate impace adverse effect case is that the employers has a facially policy that is ly applied and has a significant adverse impact on a protected class fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test 9 a aggressive O b passive O c conservative o d liberal 0 e neutral 47 The defendant39s burden of proof in a disparate impact case includes all of the following EXCEPT a job related reason 0 b business necessity O c seniority system Od merit system oe bona fide occupation qualification ie religion sex of All of the above are part of the defendant39s BOP 48 Intent to discriminate matters in disparate treatment cases but does not matter in disparate impact cases True or false 9a True 0 b False 49 Which is not an official race 6 a White 0 b Black Oc Native American 0 d Mexican 0 e Asian Pacific 50 If Regan Nielsen comes into Price Waterhouse Cooper for work wearing a dress lipstick perfume and heels but fellow employees mock him insinuating that he should come to work wearing rattlesnake boots overalls a lumberjack shirt and an air of rich mahogany then he is being subjected to D a disparate impact 0 b gender stereotyping O fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test c gender inequality Od none of the above 51 True or false Quid Pro Quo and Hostile Working Environment are the two theories under which a person can sue an employer for any reason under sexual harassment G a True 0 b False 52 The Prima Facie elements of Quid Pro Quo this for that sexual harassment are all of the following EXCEPT a plaintiff belongs to a protected class ob subject to quotunwelcome harassmentquot 13 DC harassment based on sex happening to victim because of sex and not happening to opposite sex od loss of tangible employment benefits as a result of a refusal to submit to a sexual demand Oe harassment affects a term condition or privilege of employment 53 The Prima Facie elements of Hostile Working Environment sexual harassment are all of the following EXCEPT 9a plaintiff belongs to a protected class ob subject to quotunwelcome harassmentquot Oc harassment based on sex happening to victim because of sex and not happening to opposite sex od loss of tangible employment benefits as a result of a refusal to submit to a sexual demand Oe harassment affects a term condition or privilege of employment 54 Employer is strictly liable under QPQ and vicariously liable but can show affirmative defense under HWE True or false l5 G a True 0 b False 55 An employer can escape liability by proving an affirmative defense fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test through showing that the employer used reasonable care to preventpromptly correct behavior AND the victim unreasonably failed to take advantage of corrective opportunities False or True 31 a False O b True 56 Meritor v Vinson established which of these general concepts concerning the unwelcomeness aspect of sexual harassment ie Randy Luck wears suggestive clothing at work Supervisor Sterling Ayala is tempted Who is to blame g D a Totality of circumstances 0 b Duty to object oc Welcomeness vs voluntariness od All of the above are general concepts concerning unwelcomeness 57 actual loss of benefits threats without action 3 9a QPQ HWE Ob HWE QPQ Oc NRANAACP Od None of the above 58 Which of the following are factors when determining the offensiveness of the hostile environment must affect a term and condition of employment 9 a Frequency 0 b Severity 00 Whether it is physically threatening or humiliating od Did it unreasonably interfere with work performance 0e All of the above H 59 Which is not a way that a male plaintiff can establish an HWE claim based on same sex harassment 9a Harasser makes sexual advances out of sexual desire fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test E H in l ob Harasser is motivated by general hostility to the presence of men in the workplace Oc Harasser makes sexual advances on members of both sex Od Plaintiff offers comparative evidence about how the alleged harasser treats members of both sexes Oe All of the above are ways that a male plaintiff can establish an HWE claim based on same sex harassment 60 Which is NOT an employer liability for coworker sexual harassment a Establish 4 parts Ob Plaintiff shows emplyers knew of sexual harassment Oc Failed to take prompt or reasonable action od All of the above are employer liabilities for co worker sexual harassment 61 Which is NOT an employer liability for non employee sexual harassment Oa Establish 4 parts 0 b Employer knew or should have known 0 Employer did not know Od Employer failed to take reasonable measures to prevent 62 applyapplies to government employees and applyapplies to private employees a Equal protection amp CRA CRA ob Equal protection CRA Oc CRA Equal protection Od CRA Equal protection amp CRA 63 Pregnancy Discrimination Act of 1978 overturns General Electric v Gilber and prohibits discrimination in employment based on all of the following EXCEPT O a Pregnancy O b Copulation fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test 1H Oc Childbirth Od PregnancyChildbirth related issues Oe All of the above discriminations are prohibited 64 Under the FMLA you get 12 work weeks unpaid leave during only 12 month period Most companies will give you sickvacation pay first What events are NOT applicable to this period of leave Oa birthadoption of employee39s child 0 b to care for employee39s spousechildparent for serious health conditions oc birthadoption of child of immediate family member Od employee has serious health condition making him or her unable to perform the job 65 A male or female employee who is employed by a covered employer and works at least 1250 hours during the prior 12 month period is allowed the 12 work weeks unpaid leave under FMLA True or false O a True 0 b False 66 Which is NOT a characteristic of this leave a A covered employers is one who has 50 or more employees at the time the leave is requested Ob 30 days notice is required IF the leave is foreseeable 00 You get the same job back unless it is not available Then you receive an equal or lesser position Od All of the following are characteristics of the FMLA leave 67 The Americans with Disabilities Act prohibits discrimination against a disabled individuals with or without reasonable accomodations ob disabled individuals who are not qualified to perform the essential functions of the job Oc disabled individuals who are qualified to perform the essential functions of the job fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test Od Both AampC Oe Houston Texans fans 68 Disability is 9a Any physical or mental impairment that substantially limits a major life act E Ob Having a record of such an impairment 00 Being regarded by others as having such an impairment Od All of the above 69 Substantially limits means materially restricts True or false E a True 0 b False 70 An impairment that is episodic or in remission can not be considered disabled True or false 5 a True 0 b False 71 You should legally look at people with regard to their corrective measures when determining disability n a True 0 b False 72 Which of the following is not a major life activity a Seeing ob Hearing E 00 Talking Od Breathing oe Operating heavy machinery of Walking 73 To establish a violation of the ADA the plaintiff must prove all of the following EXCEPT fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test ii in a has a disability Ob is otherwise qualified for the job 00 excluded from the job partially based on disability od excluded from the job solely based on disability 74 Which group of people are included in ADA coverage a currently engaged in the illegal use of drugs 0 b homosexualitybisexuality O c transvestismtransexism od pedopheliaexhibitionism oe completed drug rehab Of compulsive gambling 0 g kleptomaniapyromania 75 Who is excluded from ADA coverage 9a someone successfully rehabbed from drug use and no longer uses drugs Ob participating in or completed supervised drug program and no longer using oc currently engaged in the illegal use of drugs 0 d alcoholics 76 What is not an employer39s ADA obligation 9a to make existing facilities accessable and usable by people with disability ob to provide jobs to of equal pay to people with disability for less output Oc job restructuring modifying work schedules buying equipmentdevices Od All of the above are ADA obligations for employers 77 An employer is not obligated to provide for a disabled worker if an undue hardship is incurred An undue hardship can be based on costburdensomenessviolation of someone elsesued by someone else True or false fileCConverterInputLMM99FCghtm1262010 72134 PM MGMT 211 Test 2 Practice Test a True 0 b False 78 The defendant39s burden of proof balances all of the following factors EXCEPT G a accomodation O b aesthetics Oc undue hardship od All of the above are considered ill 79 Because I am slightly OCD I must round this test out at 80 questions Who is the best Pixar character a Nemo Ob Woody oc Flick od Wall E Oe The old man from quotUpquot 17 80 What will you make on this test tomorrowtoday depending on the current hour of studyage G a A i o b B O c C o d D Oe EPIC FAIL l CalculateScorc l c105 Quiz I SubmitResults Badsjolqp fileCConverterInputLMM99FCghtm1262010 72134 PM
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