Question 1

Even if an employer incorrectly believes that an employee has a covered disability,the employee is not protected from discriminatory practices.

Accepted Answer

Under the Americans with Disabilities Act (ADA), if an employer mistakenly believes an employee has a disability and discriminates against them based on that belief, the employee is protected against such discrimination. This is known as "regarded as" disabled protection.

Question 2

Sexual harassment is a form of discrimination on the basis of sex and is illegal under federal law and legal under state law.

Accepted Answer

Sexual harassment is a form of discrimination on the basis of sex and is illegal under both federal and state law.

Question 3

There are numerous federal and state laws that serve to protect employees from accidents and sicknesses that are job-related.

Accepted Answer

This statement is true. Examples of federal laws include the Occupational Safety and Health Act (OSHA) and the Americans with Disabilities Act (ADA), while state laws may include workers' compensation and safety regulations specific to certain industries.

Question 4

Same-sex harassment is not considered to be an illegal practice under many state laws.

Accepted Answer

Same-sex harassment is considered a form of sex discrimination under federal law and is prohibited by Title VII of the Civil Rights Act of 1964. Some state laws may offer additional protections or define same-sex harassment as illegal, but it is not universally recognized as illegal under state law.

Question 5

Workers' compensation provides that damages may be recovered for work-related injuries by:
A) employers.
B) employees.
C) beneficiaries.
D) trustees.

Accepted Answer

Workers' compensation provides benefits to employees who have been injured on the job. Employers are responsible for providing workers' compensation insurance, but they do not directly recover damages. Beneficiaries and trustees may receive benefits in certain situations, but they are not the primary recipients of workers' compensation benefits.

Question 6

Many employers have employee assistance programs in place,a company benefit that provides opportunities for counseling and:
A) stress reduction.
B) opportunities.
C) promotions.
D) appraisal.

Accepted Answer

Employee assistance programs are designed to provide counseling and assistance to employees for personal or work-related issues. This often includes stress reduction techniques and support. Options B and C do not accurately describe the purpose of employee assistance programs, and option D is typically handled separately through performance appraisals.

Question 7

Discrimination in employment is prohibited on the basis of race,creed,color,sex,but not on place of national origin.

Accepted Answer

Discrimination in employment is actually prohibited on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, and genetic information.

Question 8

Occupational Safety Health Act inspects workplaces to be certain that these worksites comply with safety and health standards.

Accepted Answer

The Occupational Safety and Health Act (OSHA) does indeed inspect workplaces to ensure compliance with safety and health standards.

Question 9

Several states have laws making it illegal to discriminate on the basis of age against persons who are over the age of 21.

Accepted Answer

Many states in the U.S. have laws that prohibit age discrimination, and these laws often protect individuals who are over the age of 21, not just older workers. These laws are designed to prevent discrimination in employment and other areas based on a person's age, regardless of whether they are considered to be young or old.

Question 10

If a case of sexual harassment winds up in court,the employer will attempt to defend against the lawsuit by demonstrating that there was no effective sexual harassment program in force.

Accepted Answer

Employers typically defend against sexual harassment lawsuits by demonstrating that there was an effective sexual harassment program in place, not the absence of one.

Question 11

Even in the event that an agreement is not reached between the employer and the union,the union does not have a right to call a strike.

Accepted Answer

Unions typically have the right to call a strike if negotiations with the employer fail, as long as they follow legal procedures and regulations.

Question 12

A type of insurance that provides that employees may recover damages for work-related injuries and illnesses without having to prove negligence on the part of the employer is known as:
A) workers' compensation.
B) provident fund.
C) stipend.
D) gratuity.

Accepted Answer

Workers' compensation is the type of insurance that provides benefits and compensation to employees who suffer from work-related injuries or illnesses. The purpose of this insurance is to provide financial support to employees and their families without having to prove the employer's negligence. The employees are entitled to receive benefits for medical expenses, lost wages, and permanent disability. Provident fund, stipend, and gratuity are types of employee benefits provided by employers in addition to the salary.

Question 13

Employees may sue their employers if it was the employer's intentional or grossly negligent conduct that caused the injury or illness.

Accepted Answer

This statement is generally true. However, the specific laws and regulations governing employee lawsuits against their employers may vary by jurisdiction and circumstance. It's important to consult with a legal expert to fully understand the options and limitations in a given situation.

Question 14

An effective sexual harassment program is one that is in writing and communicated to the employees.

Accepted Answer

An effective sexual harassment program should be in writing and communicated to all employees to ensure that everyone understands the policies and procedures in place for preventing and addressing sexual harassment in the workplace.

Question 15

A remedy in which an employee who sustains a work-related injury or illness can only recover damages through workers' compensation and may not file a lawsuit against his or her employer is known as a(n):
A) exceptional remedy.
B) preventive remedy.
C) exclusive remedy.
D) unavoidable remedy.

Accepted Answer

The exclusive remedy is a principle of workers' compensation that prevents an employee from suing his or her employer for damages in the event of a job-related injury or illness. It is the only remedy available to the employee and restricts legal action against the employer.

Question 16

Employees may still sue their employers if it was the employer's ____________ conduct that caused the injury or illness.
A) intentional
B) malicious
C) abrupt
D) grossly negligent

Accepted Answer

Grossly negligent conduct by an employer can lead to a lawsuit by an employee for injury or illness caused by that conduct. Intentional or malicious conduct would also likely result in liability, but the question only asks for the best answer option. Abrupt conduct is not a relevant factor in determining employer liability.

Question 17

During the negotiation process,the union cannot ensure that the employer bargains in good faith.

Accepted Answer

The union can file an unfair labor practice charge against the employer if they believe that the employer is not bargaining in good faith. This charge can be taken to the National Labor Relations Board (NLRB) which can investigate and take action if necessary. However, the union cannot ensure that the employer bargains in good faith as ultimately it is up to the employer to act in good faith during negotiations.

Question 18

Under federal law,employees do not have a right to form,join,or assist a labor union.

Accepted Answer

Under the National Labor Relations Act, employees have the legal right to form, join, or assist a labor union.

Question 19

The fact that an employee is prohibited from suing his or her employer for a work-related injury or illness does not preclude the employee from suing a third party,even if the injury or illness occurred while the employee was on the job.

Accepted Answer

This is known as the "exclusive remedy" rule, which limits a worker's ability to sue their employer for work-related injuries or illnesses but does not prevent them from pursuing legal action against a third party.

Question 20

Persons considered disabled under the Americans with Disabilities Act would include individuals who are sight impaired,or who are hearing impaired,or use a wheelchair.

Accepted Answer

The Americans with Disabilities Act includes individuals with a variety of disabilities, including those who are sight impaired, hearing impaired, or use a wheelchair.

Quiz 32: Employment Law