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

HRM 320 Final Exam

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1. TCO 4: Darren’s prospective employer hired a third-party to conduct pre-employment background check on him. Darren did not know about the background check until after it was completed. Darren believes this was not lawful. Is Darren correct? Why or why not? (Points : 10)

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

3. 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)

4. TCOs 2 and 3: ACME Hospital is hiring a new emergency room nurse and Carl, the caregiver applies for the position. An official of the hospital contacts Carl and tells him that the hospital will only hire a female for the position since it believes patients with critical injuries prefer the nursing care of a female. What is a BFOQ and will it allow ACME hospital to lawfully exclude male applicants for the position of emergency room nurse? (Points : 15)

5. TCOs 2 and 3: Sherolyn Davidson was terminated after 25 years at ACME University. She filed an age discrimination case. What types of damages are possible for age discrimination? (Points : 15)

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

7. TCO 7: John Jackson is employed by LittleCo as a service technician. LittleCo employs approximately 100 people at the facility where John works. John’s wife is pregnant and John would like to take time off work for baby bonding after the birth of his child. John asks his HR Rep, Nelly Newhire, if he can take FMLA leave for baby bonding. What information will Nelly need to gather to answer his question? (Points : 15)

8. TCO 8: ACME Co. has provided a defined benefit retirement plan for its employees for many years and is now considering changing to a defined contribution plan. The employees are confused about the difference between a defined benefit plan and a defined contribution plan. You are ACME’s HR director. Please explain to the employees the difference between the two types of plans. (Points : 15)

9. TCO 9: National origin discrimination is prohibited against a job applicant or employee. Besides discriminating against the job applicant or employee directly, how else might national origin discrimination occur so that the job applicant or employee would have a claim? (Points : 15)

10. TCO 1: Linda is laid off from her job through no fault of her own. In most cases, Linda would be able to file for: (Points : 5)

Question 11.11. 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)

Question 12.12. 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)

Question 13.13. TCO 2 & 3: The Family and Medical Leave Act requires employers to provide employees with: (Points : 5)

Question 14.14. TCOs 2 & 3: A female who believes that she is being paid less than her male colleague may be able to claim that the pay difference is a violation of: (Points : 5)

Question 15.15. TCO 2 & 3:The ADEA prohibits discrimination against employee and applicants for employment who are age: (Points : 5)

Question 16.16. TCOs 2 & 3: Sexual harassment is prohibited by: (Points : 5)

Question 17.17. TCO 2 & 3: The Americans With Disabilities Act requires employers to make: (Points : 5)

Question 18.18. TCOs 2 & 3: The Age Discrimination in Employment Act only applies to employers with: (Points : 5)

Question 19.19. 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)

Question 20.20. TCO 2 & 3: Discrimination on the basis of national origin is prohibited by: (Points : 5)

Question 21.21. TCO 4: Terminating an employee who has exercised his or her rights under one of the federal employment discrimination laws is called: (Points : 5)

Question 22.22. TCO 4: Employees of private companies have their privacy rights protected by: (Points : 5)

Question 23.23. 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)

Question 24.24. TCO 5: The Norris-LaGuardia Act provided for each of the following except: (Points : 5)

Question 25.25. TCO 7: Most employees in the United States are guaranteed a minimum wage by the: (Points : 5)

Question 26.26. TCO 7: The maximum number of hours before overtime is (Points : 5)

Question 27.27. 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)

Question 28.28. TCO 9: The law that requires employers to provide departing employees with certification of health insurance coverage is: (Points : 5)

Question 29.29. TCO 9: Employment discrimination against individuals who are not United States citizens, but who have a resident alien card is prohibited by: (Points : 5)

Question 30.30. TCO 9: The Immigration Reform and Control Act of 1986 applies to employers with: (Points : 5)

Question 31.31. TCO 6: The federal law that is concerned with protecting employees’ safety on the job is called: (Points : 5)

Question 32.32. TCO 6: The research arm of OSHA is known as: (Points : 5)

Question 33.33. TCO 6: If OSHA decides to impose fines or penalties against an employer, that employer may appeal to: (Points : 5)

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