TCO 1:

rPlease help!!!!!!!!!!!!! I need help now!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)dentistryoral surgerybothneitherQuestion 2.2. 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)Workers compensation.Social Security benefits.Unemployment compensation.FMLA.Question 3.3. TCO 1: Bob hires Johnny to sell newspapers. Bob tells Johnny to sell the newspapers for $1.00 each. Bob has given Johnny what type of authority: (Points : 5)Implied Authority.Apparent Authority.Disciplinary Authority.Express Authority.Question 4.4. 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.Question 5.5. TCO 2 & 3. Julia Rissotti was hired as an X-Ray tech by Biomedical Clinic Services, Inc. Her job as X-Ray tech subjects her to repeated exposure to radiation, and she is required to keep track of the exposure to ensure she is not over-exposed. Julia gets pregnant and her boss is concerned that the repeat exposure could be bad for the baby. Her boss offers to move Julia to another department during her pregnancy and assures her that her pay and seniority will not be impacted, and Julia refuses to move. Her boss insists, and forces Julia to move to the receptionist position (same pay, benefits) and gives her an additional week of vacation to sweeten the situation. Julia has been: (Points : 5)given a great deal and should be happy she has such a great boss. She can’t sue for any grounds.treated like any other employee with a need for an accomodation due to a temporary disability.legally accomodated for a disability.illegally discriminated against under the Pregnancy Discrimination Act.illegally discriminated against under Title VII, sex based classification discrimination.Question 6.6. TCOs 2 & 3: Title VII’s prohibition against discrimination on the basis of race makes unlawful discrimination against which of the following groups? (Points : 5)African-Americans and Asians.African-Americans, Hispanics and Asians.African-Americans, Hispanics, Asians and American Indians.African-Americans, Hispanics, Asians, American Indians and Caucasians.Question 7.7. 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.Question 8.8. TCO 2 & 3: The Americans With Disabilities Act requires employers to make: (Points : 5)any accommodation the disabled employee needs.make only the accommodations that do not require more than a minimal cost to accommodate the disabled employee.a reasonable accommodation.a practical accommodation.Question 9.9. TCO 2 & 3: To be considered qualified, a disabled person must be able to perform: (Points : 5)all job duties of the position.all essential job duties of the position.all critical job duties of the position.all essential job duties without a reasonable accommodation.Question 10.10. TCOs 2 & 3: Sexual harassment is prohibited by: (Points : 5)Title VII of the Civil Rights Act.the Equal Pay Act.the Pregnancy Discrimination Act.the Equal Employment Opportunity Act.Question 11.11. TCO 2 & 3: The Family and Medical Leave Act requires employers to provide employees with: (Points : 5)12 weeks of paid leave.12 weeks of unpaid leave.24 weeks of paid leave.24 weeks of unpaid leave.Question 12.12. TCO 4: Employees of private companies have their privacy rights protected by: (Points : 5)the Privacy Act of 1974.Title VII.Fair Employment Practices Act.Federal Employees Act.None of the above.Question 13.13. TCO 4: When an employee’s work environment becomes so intolerable that the employee has no choice but to resign, the employee’s job loss is referred to as: (Points : 5)Constructive discharge.Retaliation.Wrongful firing.Hostile discharge.Question 14.14. TCO 5: The Norris-LaGuardia Act provided for each of the following except: (Points : 5)injunctions could not be used to prohibit any person from participating in a labor dispute.labor unions could provide relief funds to strikers.yellow dog contracts were directly outlawed.collective bargaining was endorsed as a matter of public policy.Question 15.15. TCO 5: The Wagner Act is also known as: (Points : 5)The National Labor Relations ActTaft-Hartley ActRailway Labor ActNorris-Laguardia ActQuestion 16.16. TCO 6: If an employer has commited an OSHA violation, an OSHA director will issue a citation. The employer, upon receipt, has _______- to contest the violation or it will become a final order not subject to judicial review. (Points : 5)7 business days15 business days7 days15 daysQuestion 17.17. 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.Question 18.18. TCO 6: In order to protect employees who may be injured on the job, most states require employers to maintain: (Points : 5)General liability insurance.Pension insurance.Safety insurance.Workers compensation insurance.Question 19.19. TCO 7: The maximum number of hours before overtime is (Points : 5)3537 1/24045Question 20.20. TCO 7: Which of the following workers would be entitled to overtime pay? (Points : 5)Elementary school teachers.A baby sitter.A manual laborer for a landscape company.A commissioned car salesperson.Question 21.21. TCO 8: ACME Co. has been stealing money from its employee’s pension funds to cover its huge operating losses. If ACME Co. has breached a fiduciary duty to its employees, the employees may be able to sue ACME Co. for violation of: (Points : 5)Title VII.the ADA.Workers compensation laws.ERISA.Question 22.22. 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.Question 23.23. 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.Question 24.24. TCO 9: The Immigration Reform and Control Act of 1986 prohibits discrimination against: (Points : 5)Illegal aliens.US Citizens.Legal Reformers.Legal aliens.Question 25. 25. TCO 4: What does it mean when an employee acts within the “scope of employment”? Give an example of an employee that is acting within the scope of employment. (Points : 10)Question 26. 26. TCO 5: What is collective bargaining and how does it benefit an employee? (Points : 10)Question 27. 27. TCOs 7 and 8: Under FMLA, when can an employer request three medical certifications of a serious health condition, and at whose expense will they be done? (Points : 10)Question 28. 28. TCOs 2 and 3: Meredith Jones, age 42, was fired from her position as an administrative assistant. She was replaced a week later by a 25-year old. Meredith did nothing about her firing for 2 ½ years and then decided to sue for age discrimination. Will she be successful? Why or why not? (Points : 15)Question 29. 29. 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)Question 30. 30. TCO 4: ACME Rug Company had 10 openings for carpet weavers last year, the only openings ACME had all year. Ten white males applied, and five were hired. Ten African Americans applied and four were hired. The only other applicants were Hispanics: five of them applied and only one was hired. The African-American and Hispanic applicants who were not hired are considering bringing a disparate impact claim for discrimination. May the employer rely on the 80% rule as to any of these applicants? Explain your answer. (Points : 15)Question 31. 31. 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)Question 32. 32. TCO 8: Bruce Wayne routinely participates in activities such as skydiving, rock climbing, and bungee jumping. His employer told him to stop the activities or they would cancel his health insurance. Bruce’s health insurance was cancelled after an article appeared in the paper highlighting his dangerous life style. Bruce sued. Does he have a case? (Points : 15)Question 33. 33. TCO 9: Nasraldin Kismko is a native of Sudan. What documentation must he provide to show proof of identity and right to work in the U.S.? (Points : 15)