1. A factor that influences an employer to hire an independent-contractor employee rather than a servant is:
A. a desire to have more control over the employee.
B. the increasing Social Security liability.
C. the lower cost of tort liability.
D. the better pool from which to select employees.
2. Some criticisms of OSHA include:
A. It has vague regulations..
B. It has detailed regulations.
C. Its judgment is questionable.
D. All of the above
3. Elvira, who works for Border Textiles, LLC, a small company with only eight employees, believes she has been discriminated against because she is a Latina. In a Title VII lawsuit against Border, the company's best defense is:
A. Border Textiles does not have a bona fide occupational qualification.
B. Elvira has only worked for the company for 3 months.
C. Elvira is not a Latina.
D. Border Textiles is not covered by Title VII.
4. Local Fruits, LP is a locally owned and operated fruit cooperative in south Texas that employs 32 people. All of the fruit harvest is from local farms, and all of the sales are to local merchants and consumers. Lolita, a Local Fruits employee who is 44 years old, sues the company claiming discrimination under the Age Discrimination in Employment Act. Local Fruits' best defense would be that:
A. it is locally owned.
B. it has less than 50 employees.
C. it is not engaged in interstate commerce.
D. the ADEA only applies to employees over 50 years of age
5. The Americans With Disabilities Act prohibits employers from discriminating against disabled individuals, but does not require that any accommodations be made for such individuals.
True
False
6. Sarah, a truck driver, was not offered a position with the TruckCo trucking company because her uncorrected vision was in 20/200 even though the company required 20/20 vision to drive its trucks. Sarah filed a suit against TruckCo claiming discrimination based on her disability. In the case of Sarah v. TruckCo what result?
A. Sarah wins because her vision is a disability..
B. TruckCo wins because Sarah's vision is not a disability.
C. Sarah wins because she was not offered the job because of her gender.
D. TruckCo wins because corrected vision is a requirement for the job
6. Juan Carlos is a Mexican national working in the United States at Trico Systems, Inc. with a valid work permit. Juan does not speak English. Trico is an "English-only" workplace during the hours an employee is on company property. When Juan goes to lunch in the cafeteria, he speaks Spanish with his friends. Gary, his supervisor, terminates Juan for violating the "English only" rule. In a Title VII lawsuit styled Juan Carlos v. Trico Systems, what result?
A. Juan will win because it discriminates against his national origin.
B. Trico will win because English is the official American language.
C. Trico will win because the requirement is a business necessity after September 11th.
D. Juan will win because poor migrant workers should be treated differently than U.S. citizens.