Question 1 of 20
A. applies only to employers.
B. allows both employee and employer to terminate the relationship without cause.
C. may not be modified by statute.
D. may not be modified by the parties to the relationship. Reset Selection
Question 2 of 20
Employment at-will does not exist where the:
A. employment is for an indefinite period.
B. employee's compensation is paid on a monthly basis.
C. parties agree to an employment relationship for a definite period of time.
D. employer is subject to the coverage of Title VII of the Civil Rights Act. Reset Selection
Question 3 of 20
Jessica is terminated from her job and not given any reason. Her employee handbook states that discipline, including termination, is based on specific types of misconduct outlined in the handbook. She may have a claim for:
B. constructive discharge.
C. interference with business relations.
D. breach of contract. Reset Selection
Question 4 of 20
The Model Employment Termination Act:
A. limits employees to enforcing their rights before an arbitrator.
B. is intended to reinforce the principle of employment at-will.
C. allows an employee to sue in court.
D. provides for only monetary damages if it is violated. Reset Selection
Question 5 of 20
Terminating an employee because of his or her race is an example of:
A. constructive discharge.
B. wrongful discharge.
C. retaliatory discharge.
D. a violation of the at-will rule. Reset Selection
Question 6 of 20
Retaliatory discharge does not apply to firing an employee who:
A. appears as an adverse witness in a lawsuit against the employer.
B. files a worker's compensation claim.
C. files a charge of discrimination against the employer.
D. advises the employer that it is violating employment laws. Reset Selection
Question 7 of 20
To prove retaliatory discharge, an employee must show that:
A. he or she engaged in a protected activity.
B. he or she was not an employee at-will.
C. the employer has disliked the employee for an extended time period.
D. he or she had not been subject to prior discipline.
Question 8 of 20
Sam quits after being subjected to a constant barrage of racial slurs, jokes, and name-calling. He may have a claim for:
A. breach of contract.
B. invasion of privacy.
C. constructive discharge.
D. retaliatory discharge. Reset Selection
Question 9 of 20
The test for constructive discharge is whether:
A. the employee was driven to resign.
B. a reasonable person would have been driven to resign.
C. other employees have resigned in similar circumstances.
D. the employee waited a long period of time before resigning. Reset Selection
Question 10 of 20
The Civil Rights Act of 1964 applies:
A. only to discrimination in employment.
B. only to government employers.
C. to discrimination in schools, housing, transportation, public places, and employment.
D. only to government contractors.
Question 11 of 20
Title VII of the Civil Rights Act prohibits discrimination in employment based on race:
A. color, sex, religion, and national origin.
B. and color.
C. and sex.
D. sex, and national origin.
Question 12 of 20
Title VII covers employers with employing at least __________ employees for 20 weeks of the year.
Question 13 of 20
Bob, an African-American employee, applies for a promotion, but is passed over in favor of a white employee who has less experience and lower performance ratings. Bob may have a claim for:
A. disparate impact.
B. disparate treatment.
C. both disparate impact and disparate treatment.
D. breach of contract.
Question 14 of 20
If an individual suing under Title VII meets his initial burden of proof, and the employer responds by articulating a legitimate reason for its action the:
A. employer wins the case.
B. jury has to decide who is telling the truth.
C. burden of proof shifts back to the employee to show the employer's reason was a pretext for discrimination.
D. burden of proof shifts back to the employee to show damages. Reset Selection
Question 15 of 20
In a claim for disparate impact, the individual or class suing for discrimination need not show:
A. that minorities are adversely affected by the employer's action.
B. damages or other tangible harm.
C. that the individual or the class are members of a protected group.
D. intentional discrimination.
Question 16 of 20
Unless there is a state or local law that applies to the situation, an individual claiming a violation of Title VII has __________ days to file a charge with the Equal Employment Opportunity Commission.
Question 17 of 20
If the EEOC finds no cause to believe discrimination has occurred the individual:
A. has no further recourse.
B. can appeal that decision to the five members of the EEOC.
C. is issued a right to sue letter and has 90 days to file suit in federal court.
D. is issued a right to sue letter and has 180 days to sue in federal court.
Question 18 of 20
The Civil Rights Act of 1991 amended Title VII to:
A. remove the right of jury trial.
B. allow the right of jury trial.
C. add protection for sexual orientation.
D. extend coverage to all employers regardless of size.
Question 19 of 20
The Civil Rights Act of 1991 allowed the recovery of compensatory and punitive damages:
A. in unlimited amounts.
B. in amounts deemed appropriate by the court.
C. up to $500,000 for the largest employers.
D. up to $300,000 for the largest employers.
Question 20 of 20
The Civil Rights Act of 1991 permits punitive damages to be awarded only in cases involving:
A. intentional discrimination.
B. disparate impact.
C. both disparate treatment and disparate impact.
D. negligent discrimination.