HRM 320 Final Exam

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HRM 320 Final Exam
TCO 1: The management of ACME Co. is extremely angry that Larry Leftus…

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HRM 320 Final Exam

HRM 320 Final Exam

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TCO 1: The management of ACME Co. is extremely angry that Larry Leftus plans on going to work for a competitor. When contacted by telephone for a reference, Larry’s manager falsely tells the caller that Larry is a thief and a drug-addict. Larry is not hired due to the bad reference. Larry may be able to sue ACME Co. for: (Points : 5)

Defamation

Invasion of privacy

Unfair labor practice

Mispresentation

TCO 1: Herb, an oral surgeon, is employed to work in Joel’s oral surgery practice subject to a restrictive covenant for five years with a $40, 000 bond to secure it.  The next year Herb opens his own office across the street where he practices dentistry and oral surgery. In a lawsuit brought by Joel, Herb will be enjoined from practicing (Points : 5)

Dentistry

Oral surgery

Both

Neither

TCO 1: Andy Applicant is being considered for the position of CFO of ACME Co. The company wants to make sure that Andy will not disclose sensitive financial information without the permission of ACME’s board of directors. To protect the sensitive financial information, ACME Co. should get Andy to sign a: (Points : 5)

Nondisclosure Agreement

Restriction Agreement

Waiver

Workers compensation claim form

TCO 2 & 3: The bona fide occupational qualification defense (BFOQ) operates as a defense to discrimination suits based on religion, national origin, gender and: (Points : 5)

Race

Color

Age

Sexual orientation

TCO 2 & 3. Title VII prohibits discrimination based on race, sex, national origin, religion and: (Points : 5)

Age

Color

Sexual orientation

No other basis

TCOs 2 & 3: Martin’s male boss makes sexually inappropriate comments to Martin on a daily basis. Assuming that the conduct is severe or pervasive and unwelcome, can Martin successfully demonstrate that the conduct is unlawful sexual harassment? (Points : 5)

No, because same sex harassment is not covered by Title VII

Yes, because Title VII prohibits all harassing conduct

No, because Title VII does not prohibit sex based harassment directed toward males

Yes, if the conduct was directed toward Martin based on his sex

TCO 2 & 3: Discrimination on the basis of national origin is prohibited by: (Points : 5)

Title VII of the Civil Rights Act

Immigration Control and Reform Act

The Unauthorized Aliens Act

None of the above

TCOs 2 & 3: Sexual harassment encompasses which of the following types of conduct? (Points : 5)

Requests for sexual favors

Distribution of material of a sexual nature

Comments or jokes of a sexual nature

All of the above can be considered sexual harassment

TCO 2 & 3: How did the Older Workers Benefit Protection Act (OWBPA) amend the ADEA? (Points : 5)

Prohibits discrimination against older workers who refuse to learn new skills

Prohibits discrimination against older workers who have gray hair

Prohibits discrimination against older workers because they would be a financial burden on the employer’s health insurance and pension plans

All of the above

TCOs 2 & 3: Employers must accomodate the religious practices of its employees as long as the cost to the employer is: (Points : 5)

No more than the cost of other benefits provided by the employer

The cost does not exceed $10,000

The employee reimburses the cost to the employer

Not an undue hardship

TCO 4: Terminating an employee who has exercised his or her rights under one of the federal employment discrimination laws is called: (Points : 5)

Unfair labor practice

Retaliation

Unfair termination

Constructive discharge

TCO 4: Eva Employee receives an adult themed e-mail at work. Eva thinks the e-mail is humorous and uses her employee e-mail account to forward the e-mail to several co-workers. Some of the co-workers complain and Eva is terminated for using her employer provided computer and e-mail account to forward inappropriate material. Under the Electronic Communications Privacy Act, Eva’s termination is probably: (Points : 5)

Lawful

Unlawful

Lawful, if her company has less than 15 employees

Lawful, if her company has more than 15 employees

TCO 5: A stipulation required by an employer that an employee will not join a union as a condition of employment is called: (Points : 5)

Employment at will

Right to work

Yellow dog contract

None of the above

TCO 5: The Wagner Act is also known as: (Points : 5)

The National Labor Relations Act

Taft-Hartley Act

Railway Labor Act

Norris-Laguardia Act

TCO 6: The federal law that is concerned with protecting employees’ safety on the job is called: (Points : 5)

The Federal Employee Safety Act

The Employee Protection Act

The Employee Compensation Act

The Occupational Safety and Health Act

TCO 6: The federal agency which investigates workplace injuries is: (Points : 5)

OSHA

EEOC

NLRB

NRA

TCO 6: The research arm of OSHA is known as: (Points : 5)

ROSH

FEDOSH

NIOSH

FBI

TCO 7: The Equal Pay Act allows employers to pay different pay based on: (Points : 5)

Merit

Seniority

Knowledge

All of the above

TCO 7: The maximum number of hours before overtime is (Points : 5)

35

37 ½

40

45

TCO 8: The term which describes the process by which an employee acquires the right to the retirement plan contribution made on his or her behalf by the employer is: (Points : 5)

Vesting

Lucky

Defined

Benefitted

TCO 9: The law that requires employers to provide departing employees with certification of health insurance coverage is: (Points : 5)

HIPAA

FMLA

ADA

Title VII

TCO 9: Employment discrimination against individuals who are not United States citizens, but who have a resident alien card is prohibited by: (Points : 5)

Title VII of the Civil Rights Act

The Immigration Reform and Control Act

The Resident Alien Act

The Equal Opportunity Act

TCO 9: COBRA requires employers to provide departing employees with health insurance continuation for at least: (Points : 5)

3 months

12 months

18 months

24 months

HRM 320 Final Exam

TCO 4: Lisa used her company-provided laptop to exchange e-mail with her attorney. After she quit, she filed a breach of contract claim. The company searched her old laptop and reconstructed her messages. Lisa cried foul, alleging the e-mails were privileged communications between her and her attorney. Is she correct? Why or why not? (Points : 10)

TCO 5: What is a ULP?  Provide three examples committed by employers. (Points : 10)

TCOs 7 and 8: Two months before giving birth, Shawna McGee applied for family leave for the 12-week period after birth of her child. At the expiration of the 12-week period, Shawna decided to resign her position and stay home with her baby. Can she be charged for the health care premiums paid on her behalf? Why or why not? (Points : 10)

TCOs 2 & 3: Janet Deepahli applied for a position as a marketing director. During the last interview the Executive Vice President of Marketing asked Janet how to pronounce her name at which Janet revealed her husband was from Iraq. Although she was considered the top candidate after two interviews, she was not given the job. The position was later given to another candidate of American heritage. May Janet bring a claim for national origin discrimination based on her spouse’s national origin, and if so, what must she prove? If not, why not? (Points : 15)

TCO 2 & 3: ACME Company is facing a layoff due to a slowdown in the local economy. They can save money by replacing the older workers who are willing to do the same work for an entry-level salary. What must ACME do to prevent being in violation of ADEA? (Points : 15)

TCO 4: What are the employer’s obligations under FCRA? (Points : 15)

TCO 7: Cecilia is a 14-year old freshman at United High School. She works from 2pm to 10pm three days a week. In order to get to work on time she leaves school early missing her last class. Her last class rotates each day so no one really notices.  Is this permissible? Explain what law either allow or prohibits this behavior, and why. (Points : 15)

TCO 8: Who is a qualifying beneficiary under COBRA? (Points : 15)

TCO 9: Franklin Bercholtz applied for a position at the AMCE Bank. While waiting for an interview, Ms. Goldstein, an interviewee, made a negative comment about Germans while Franklin was waiting to be interviewed. Franklin was denied employment even though he was highly qualified for the position. Franklin was told he might have a case of nation origin discrimination. What is the 4-step test for national origin discrimination? (Points : 15)

HRM 320 Final Exam

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