Employment Law chapter 1

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The contract referred to in Question #16 above is

A) procedurally unconscionable

A mandatory arbitration agreement which provides that all claims be brought within 90 days of the date of the alleged violation would likely be

A) enforceable

In order to determine which employment laws apply to a certain employer, the employer should consider which of the following factors?

D) all of the above

Under the "payroll method" approved by the U.S. Supreme Court

D) employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked.

Regarding the interrelationship of federal and state employment laws

C) states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws

Which of the following is true of the enforcement process for discrimination charges brought under Title VII?

C) a right to sue letter must be obtained from the EEOC before going to court

Dean got a job as a copyrighter for a publishing firm, and after working for the firm for two years, was told he was required to sign a mandatory arbitration agreement, submitting any employment disputes to binding arbitration, and that if he would not sign it as is, he would be fired. Dean:

A) will have to sign the agreement if he wants to keep his job

Which of the following statements is true of arbitration?

A) historically, arbitration has been used to resolve disputes over contractual rights

In Nino v The Jewelry Exchange, plaintiff bank employee sued alleging discrimination, and his employer sought to dismiss the suit, stating that the employee had signed a mandatory arbitration agreement, so that the suit should go to arbitration. The employee responded that the mandatory arbitration agreement he had signed was unconscionable, and therefore, unenforceable. Among other things, the employee alleged that the arbitration agreement was unconscionable because gave him only 5 days to make a demand for arbitration. The court ruled:

A) for the Plaintiff employee, because the agreement was both procedurally and substantively unconscionable

In EEOC v Fed Ex, the EEOC sued Fed Ex on behalf of a deaf employee who was denied reasonable accommodation under the Americans with Disabilities Act (ADA) over a two year period. The court found for EEOC, and entered judgment for compensatory and punitive damages. Fed Ex appealed, in part based on the award of punitive damages, contending, among other things, that Fed Ex had made a good-faith effort to comply with the law. In particular, Fed Ex offered evidence of its ADA compliance policy set forth in the employee manual. The court ruled:

B) the establishment of an ADA compliance policy was not sufficient by itself to establish a good faith effort to comply, in the absence of any affirmative steps to ensure the implementation of its policy

Which of the following provisions, if included in a mandatory arbitration agreement, would be likely to render it unenforceable?

F) all of these except d

Which of the following is generally true regarding the process of enforcing employment laws?

A) courts and government agencies hear cases only after employees come forward with complaints about violations of the law

An employer considering whether to use mandatory arbitration agreements should recognize which of the following limitations of their use?

D) all of the above

Your firm has just gotten a contract with the U.S. government to build security gates for the new fence along the U.S.-Mexican border. In addition to the employment laws which already apply to your business, the following will now also apply:

C) EO # 11246

William, aged 59, has been employed by your firm for more than 26 years, and has continually received above-average evaluations. Just before his 27th anniversary with the firm, you are ordered by your superior, the HR Manager, to tell him that his employment with the firm is terminated immediately. Given the facts, as presented, the issues most likely to be raised are:

B) ethical

Under U.S. employment laws, employees have the right to

E) none of the above

As the Human Resources manager of your firm, the task of putting into effect the firm's new mandatory arbitration agreement has fallen to you. At a minimum, legally, which of the following actions are required to make the policy enforceable?

G) only c and d are legally required

Regarding the historical development of employment law in the U.S., which of the following statements is true?

E) None of the above

In Wal-Mart Stores v Dukes, Plaintiffs, all female employees, sued alleging discrimination in pay and promotions based on gender, and sought to represent a class of about 1 ½ million female employees, past and present. The case was certified as a class action, and Wal-Mart appealed, alleging that the certification did not comply with the Federal Rules of Civil Procedure in that the claimants had not suffered the same injury, and the claims did not have questions of law and fact in common. The court ruled:

D) for Wal-Mart, because the claims did not have common questions of law and fact

Which of the following is true regarding enforcement of employee rights and enforcement of employment laws?

C) the EEOC encourages the parties to discrimination cases to use mediation

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