Employment and Lower Court

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HRM 546NAME: ____Melissa Merchut______________________

Jeff C. HerringDATE:_______11/28/11____________________

General Instructions:

Read the specific instructions for each section carefully before you begin the section.

You have until the end of class to finish this test. The questions should be fairly self-explanatory, however, if you have a question ask.

The test is worth 20 points and will be graded accordingly: Multiple Choice = 20%, True/False = 20%, Matching = 10%, and Short Answer = 50%. I will have the grades posted within 7 days.

I have enjoyed getting to know and working with all of you over the last few weeks. As always, I learn as much if not more from all of you than vice versa. Best of luck in all of your future studies and careers. Please do not hesitate to call me if you have any question or concerns. Thank you all again. Good luck. Multiple Choice

Instructions: Circle the letter of the best choice.

1)Jill is a marketing manager for Beta Co., located in a state recognizing at-will employment as well as its exceptions. Jill cooperates with a police investigation of her supervisor, Sam, who is being charged with the crime of burglary. The next day, Jill is fired for "not being a good team player." Based on these facts, Jill most likely:

A) has a claim for wrongful discharge based on the public policy exception.

2)Which of the following workers is the most likely to be considered an independent contractor rather than an employee?

A) A graphic designer hired to design a company's logo.

3)Which of the following employment practices is most likely to give rise to a successful Title VII disparate impact claim against ABC Law Firm which has 25 employees?

D) All of the above would result in successful Title VII disparate impact claims.

4)Title VII applies to private employers which have:

A) 15 employees or more.

5)Which of the following categories is not protected under Title VII?

D) A and B.

6)Acme Inc. has 100 employees. It has recruited two equally qualified candidates for the available position of Strategic Alliances Director. One candidate is female, the other male. Which of the following statements is most accurate?

D) None of the above.

7)Which of the following statement(s) about reference checks is/are true?

B) Failure to complete reference checks may lead to liability for negligent hiring.

8)The following does not occur when affirmative action is applied properly:

G) A, B and C.

9)Jane, a dark-skinned black woman, is constantly belittled by her supervisor, Mary, a light-skinned black woman, who calls Jane such names as "darkie." Mary fires Jane and replaces her with a light-skinned black woman. Under these facts:

A) Jane may have a Title VII claim based on color discrimination.

10)Maya, a black female student at Winston University (a historically black university), auditions as a trumpet player for the campus "pep" band and is rejected. Maya believes she was rejected based on race. Under these facts:

A) Maya may bring a successful Title VII claim against Winston University if she can prove the band's discriminatory intent.

11)Which of the following entitle employees protected under the FMLA to take FMLA leave?

D) All of the above.

12)Joe, a male personal trainer, applies to Our Gym, a "women's only" gym for an available position as a personal trainer and is rejected. He is told that the gym's female clientele "feel more comfortable" with female personal trainers. Joe contacts the EEOC to file a complaint against Our Gym. Joe:

B) may succeed in his Title VII claim against Our Gym.

13)Ed, a male, works as a receptionist at Acme, Inc., which has 200 employees. Acme customer, Joe, often makes sexual advances on Ed during his weekly visits to Acme. Ed has complained to Acme HR Manager Sam about Joe's...
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