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Part 1

1. Money set aside by employers to cover __ has become the nation’s largest source of capital.  A. workers’ compensation claims B. employee benefits C. year-end tax obligations D. pension obligations

2. _________ implies that there are clear links between the performance standards for a particular job and organizational objectives, and between the critical job elements identified through a job analysis and the dimensions to be rated on an appraisal form.  A. acceptability. B. reliability. C. relevance. D. validity.

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3. True or False. Career paths represent logical and possible sequences of positions that could be held, based on an analysis of what people actually do in an organization.

4. True or False. Andrea is a 1st grade teacher. She is new to the job and usually works until 5:30 p.m. every evening to prepare her lesson plans for the following day. Andrea is not paid overtime pay and her employer has violated the FLSA.

5.  True or False. Internal equity is the relative size of pay differentials among different segments of the workforce.

6. True or False. The Age Discrimination in Employment Act has eliminated mandatory retirement at any age.

7.  An individual or group health plan that provides or pays the cost of medical care may not use or disclose _____ except with the consent or authorization of the individual in question.  A. salary information B. cost of insurance premiums C. spousal information D. protected health information

8. The methods for costing benefits include: A. Annual cost of benefits for all employees B. Cost per employees per year C. Cents per hour D. All of the above

9. True or False. While the Americans with Disabilities Act protects rehabilitated alcohol and drug abusers from discrimination in employment, it also explicitly allows employers to hold alcohol or drug abusing employees to the same standards of performance and conduct that are set for other employees. Anyone who is currently using drugs illegally is not protected under ADA.

10.  Anders has been a customer service representative for FlyOurWay Airlines for 6 years. He works in a FlyOurWay regional call center. He is also gay and has recently tested positive for HIV. He told one of his coworkers that he tested positive and now the whole office knows. Several of his coworkers have ostracized him and they refuse to touch anything he has touched. His male coworkers have stopped using the men’s room on their floor and use a bathroom on a different floor for fear of getting AIDS from Anders. Someone leaves notes on his computer quoting Bible scripture about homosexuality being a sin. He reported these incidents to his supervisor and his supervisor told him that with his disease he should be at home resting and by being in the office he was putting everyone at risk with his germs.  A. Anders has a claim for hostile work environment harassment under ADA. B. Anders has a claim for hostile work environment harassment under ADA and under Title VII. C. Anders has a claim for hostile work environment harassment under ADA, Title VII and FMLA. D. None of the choices is correct.

11. _____ inform employees of the ingredients and hazards of dangerous materials, safe handling, use and storage, and the first aid steps to take in the event of exposure.  A. Right-to-Know laws B. Material safety data sheets C. Loss control programs D. Employee assistance programs

12. _____ have allowed new ideas and technology to flow freely around the globe, accelerating productivity growth and allowing U.S. companies to be more competitive than they have been in decades.  A. Corporate Web sites B. Open borders C. Virtual teams D. International ambassadors

13. All of the following employment laws may apply to United States citizens working abroad EXCEPT:  A. Title VII of the Civil Rights Act B. The Age Discrimination in Employment Act C. The Equal Pay Act D. The Uniformed Services Employment and Reemployment Rights Act

14. True or False. Candice refuses to work on Sundays because it is against her religion to work on the Lord’s Day. She has asked her employer to allow her to work every Saturday instead and require another employee to work on Sunday. In order to grant her request, her employer must violate the company’s seniority system and the collective bargaining agreement. Her employer refused and will be liable for religious discrimination.

15. Caroline has been working for Segal Paper Co. for five years, when she undergoes a profound religious conversion experience. Prior to that experience, she had not been a member of any religion. Her new found religion requires that she not work in close proximity to unmarried males. She works on an assembly line, where many positions are occupied by men. Must her employer accommodate this after-acquired religious restriction?  A. No, because an employer is only required to accommodate those religious beliefs that existed at the time the employer made the decision to employ an individual. B. Yes, because all religious practices must be accommodated. C. Yes, unless it causes an undue hardship on the employer. D. No, because this religious practice has no basis in established theology.

16. True or False. Monica, aged 39, is terminated. Her employer tells her that changes in their selling environment have made older, more mature individuals better suited for her job. Monica will have no claim for age discrimination because the ADEA applies only to employees at least 40 years of age.

17.  If an employer uses the BFOQ as a defense to an age discrimination claim, EEOC requires the employer to prove:  A. that some of the individuals over a certain age have disqualifying traits that cannot be ascertained except by age. B. that substantially all older workers are unable to perform the job. C. that based on the job, it would either be dangerous or inefficient to hire the older worker. D. None of the choices are correct.

18.  All state workers’ compensation laws share all of the following features EXCEPT:  A. all job-related injuries and illnesses are covered. B. coverage is provided regardless of who caused the injury. C. a worker’s loss is usually covered fully by the insurance program. D. payments are usually made through an insurance program.

19.  In managing careers, organizations should:  A. plan for shorter employment relationships. B. focus primarily on employee needs and aspirations. C. allow employees to structure work assignments. D. focus mainly on the needs of minorities and women.

20.  Michael Morgan injured his back at work which resulted in a permanent partial disability. Specifically, Michael was unable to stand or stand for long periods of time. He desired to return to work, however, he was not able to perform the duties of his old job. Michael waived the medical restrictions and returned to work anyway. He compensated for the disability by using sick days and vacation days which amounted to at least 1 to 2 days per week. After 3 months of working this schedule, he was terminated.

A. Michael has a claim for discriminatory discharge under the ADA because he could perform the “essential functions” of the job when he is able to work. B. Michael has a claim for discriminatory discharge under the ADA because he is “otherwise qualified” for the job. C. Michael does not have a claim for discriminatory discharge because his waiver of medical restrictions for employment eliminated his disability for purposes of the ADA. D. Michael does not have a claim for discriminatory discharge because he cannot perform the “essential functions” of the job because regular attendance is a necessary element of the job.

Part 2

1. Is an employee who is granted medical leave under the Family and Medical Leave Act (FMLA) automatically considered an individual with a disability under the Americans With Disabilities Act? Explain.  No more than 12 sentences.

2. Lynette Hines is employed by Irvin Industries. She recently became a Seven Day Adventist and has informed her employer that she can no longer work on Saturday. Irvin Industries makes seat cushions for airplanes and is a relatively small operation. While Saturday is not a regular work day, frequently employees are required to work on Saturday and they are informed of this condition of employment during the hiring process. Lynette is told by her supervisor that if the plant is operating on a Saturday, she will have to be there unless she is sick. He explained to Lynette that he had no one to do her job and her absence would slow down production. The following Saturday, Lynette failed to report to work and she was fired. She filed a claim for religious discrimination under Title VII. Discuss this case from Irvin Industries’ perspective.

Was it legally acceptable for Irvin to fire Lynette? Your response should be reasonable and justifiable. No more than 10 sentences.

3. Suggest 2 ways that a company might encourage its more experienced workers to listen to ideas from newer employees. Bullet each point. No more than 4 sentences.

4. Briefly discuss 3 things firms do to encourage all employees to behave safely on the job to

prevent accidents/injuries? Bullet each point. No more than 6 sentences.

5. What can companies do to ensure internal, external, and individual equity for all employees? No more than 5 sentences.

6. Helen Baker suffers from a condition that causes her to have periodic severe headaches. There is no cure for the condition and her pain is managed with medication that makes her sleep until the episode is over. When Helen has a headache, it could last anywhere from 1 day to 10 days. When Helen is not bedridden because of a headache, she is active and productive. She has been trained as a medical secretary and would like to continue to work. She has asked her employer to allow her to work flex time to accommodate her condition. Her employer, City Hospital, has denied her request because it would be impossible to prepare a schedule for her department, never knowing if she will be able to work or not. Are City Hospital’s action legally sound? Why or why not? What are Helen’s arguments, if any, that City Hospital has discriminated against her? No more than 14 sentences.

7. What should a good career path program entail? Provide at least 4 ideas.

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