In a hostile work environment sexual harassment claim

Question

1Which of the following powers does the Equal Employment Opportunity Commission have?

• Pass amendments to the Civil Rights Act of 1964 and other antidiscrimination statutes
• Pass amendments to the 1972 Amendments to the Civil Rights Act of 1964
• File suits to enforce antidiscrimination statutes on behalf of complainants
• Legislate antidiscrimination statutes

2Which of the following statutes regulates internal union affairs and establishes certain rights of union members?

• The Worker Adjustment and Retraining Notification Act
• The Labor Management Relations Act
• The National Labor Relations Act
• The Labor Management Reporting and Disclosure Act

3Which of the following statements is true about workers' compensation?

• The employer can avoid liability if the injured employee was contributorily negligent in causing the injury.
• If the employee is dissatisfied with the amount received under the workers' compensation system, the employee generally then can file an ordinary lawsuit.
• The employee must decide whether to seek a workers' compensation payment or file an ordinary lawsuit against the employer.
• The employer is strictly liable for employment-related injuries, and the claim is filed through an administrative procedure rather than an ordinary lawsuit.

4Under what conditions must an employer allow nonemployee union solicitation on company property?

• If there is currently no union representing the company's employees
• If the union is affiliated with another union that currently represents other employees of the company
• If the purpose is to solicit employees to change union representation rather than to solicit nonunion workers to join a union
• If the employees live in a company town such that it would be difficult to solicit the employees off company property

5What is the current status of right-to-work laws?

• If a state passes a right-to-work law, then individual employees cannot be forced to join a union.
• Congress has passed a law prohibiting states from passing right-to-work laws.
• If a state passes a right-to-work law, then state and local government employees can unionize.
• If a state passes a right-to-work law, then individual employees will have to pay union dues even if they do not belong to the union.

6In a hostile work environment sexual harassment claim, the employer will have a successful defense if the employer can show which of the following?

• The employee stands to personally gain if the persons engaging in the sexual harassment are reprimanded regardless of whether or not the employer did anything to remedy the situation or take corrective action.
• There were no adverse consequences to the employee's work status, such as a demotion or denied promotion, even though the employer did not proactively address the situation.
• The employer took reasonable care to prevent or correct the conduct and the employee did not take advantage of corrective or preventive opportunities of the employer to remedy the situation.
• The employee was offended by conduct in the workplace and that the employer in good faith did not consider the conduct to be offensive and therefore did not seek to correct or prevent it.

7Which of the following are protected classes under Title VII of the 1964 Civil Rights Act?

• Race, national origin, and political affiliation
• Race, national origin, and alien status
• Race, religion, and sexual orientation
• Race, national origin, and sex