1. Which of the following is true of Title VII of the Civil Rights Act?
A. applies to employers that have 15 or more employees
B. protects employees against discrimination based on sexual orientation
C. protects employees against discrimination based on height, weight and physical appearance
2. Of the following, the most effective way for an employer to respond to an employee’s claim of retaliation would be
A. to show that the employee is lying
B. to show the employee was disciplined for poor performance or the like
C. to show that the employee should never have been hired in the first place
3. Under the economic realities test:
A. if the hired person depends on the job for the majority of her income, than she is considered an employee
B. if the hired person performs low-skilled work, than she is considered an independent contractor
C. if the hired person provides her own tools and materials, than she is considered an independent contractor
4. In disparate impact cases
A. the focus is on proving the employer’s discriminatory intent
B. the focus is on showing the discriminatory effects of the employer’s actions
C. the focus is on showing that the employer was trying to get back at the employee for something the employee did
5. With regard to the actions of employees outside the scope of employment, which of the following statements is true?
A. An employer can never be liable for the actions of its employee outside the scope of employment.
B. An employer might be liable for the actions of its employee outside the scope of employment if the employer was negligent or reckless in allowing it to occur, or for other reasons.
6. Regarding arbitration, which of the following statements is true?
A. historically, arbitration has been used to resolve disputes over contractual rights
B. arbitrators’ decisions are usually advisory and not considered final
C. arbitration is always more costly and time-consuming than litigation.
7. Examples of protected classes under federal antidiscrimination statutes include:
A. military service, retaliation, race, sexual orientation
B. military service, race, national origin, genetic information
C. military service, genetic information, sexual orientation, national origin