ETH/321T – 2020/21 Week 3 Apply Assignment

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Ethical and Legal Topics In Business

ETH/321T – 2020/21

Week 3 Apply Assignment

· 
Rebekah unknowingly grows illegal marijuana plants in her garden, assuming they are just weeds. If Rebekah is discovered growing the marijuana, strict liability would infer that:

Rebekah is not liable if someone else was witnessed planting the marijuanaRebekah is not liable because she had no illegal intentRebekah is liable even though she had no illegal intentRebekah is liable only if she was found to be negligent in not recognizing the marijuana

FEEDBACK

5 / 5  (100.0%)

·  What type of crime is petty theft?

InfractionMisdemeanorCapital CrimeFelony

FEEDBACK

5 / 5  (100.0%)

·  Amanda is babysitting when her charge Tomas leaps off a couch onto a glass table and breaks it, leaving him with many cuts. To show that Amanda was negligent, Tomas’s parents must show that:

Amanda owed a duty of care to TomasAmanda breached her duty of watching over Tomas by her actions (e.g., talking on the phone or not staying in the same room as Tomas)Tomas was harmed only because Amanda breached her duty to watch over himAll of the above

FEEDBACK

5 / 5  (100.0%)

·  Elizabeth is out with her friends at a bar one night. The bartender notices someone slip a pill into Elizabeth’s drink. If Elizabeth commits a crime later that night, the bartender can best testify on her behalf. Which defense most likely applies to this situation? (Whether or not the defense will work is not relevant.)

DuressMistake of FactInvoluntary Intoxication

FEEDBACK

5 / 5  (100.0%)

·  Jesse’s mother dies.  Due to the trauma, Jesse breaks into an ice cream shop, steals all the ice cream, and is later caught. Which defense most likely applies to this situation? (Whether or not the defense will work is not relevant.)

Mistake of LawEntrapmentDiminished Capacity

FEEDBACK

5 / 5  (100.0%)

·  Which statement matches the following scenario?

Layne is romantically interested in his employee, Brenda. He has asked her out a few times, but Brenda has turned him down.

Not guilty of sexual harassment, depending on how Brenda feelsGuilty of hostile work environment sexual harassmentGuilty of quid pro quo sexual harassmentNot guilty of sexual harassment

FEEDBACK

4 / 4  (100.0%)

·  Which statement matches the following scenario?

 Joy is a supervisor over Elias. She repeatedly solicits sexual behavior from Elias and does other inappropriate actions that a reasonable person would find offensive. Elias has not solicited the behavior and finds it unwelcome. Joy never imposes a tangible job action against Elias. 

Not guilty of sexual harassment, dependent on harasseeGuilty of hostile work environment sexual harassmentNot guilty of sexual harassment, no qualifierGuilty of quid pro quo sexual harassment

FEEDBACK

4 / 4  (100.0%)

·  Which statement corresponds to this specific situation?

Rowan owns a computer programming business with 15 employees. He is hiring a new employee, and he turns down a 45-year-old man because he is “too old to keep up with the rest of the group.”

Employer may legally discriminate because the law doesn’t apply to this situationEmployer may legally discriminate based on number of employeesEmployer may not legally discriminateEmployer may legally discriminate based on BFOQ

FEEDBACK

4 / 4  (100.0%)

·  Which statement corresponds to this specific situation?

Virgil and Suzanna both work at a business with 50 employees. Virgil is 55 and Suzanna is 60. They have the same qualifications and experience. When the company need to downsize, Virgil is fired but Suzanna is retained.

Employer may legally discriminate against Virgil because the ADEA doesn’t protect him in this situation.Employer may legally discriminate against Virgil based on BFOQ.Employer may not legally discriminate.Employer may legally discriminate against Virgil based on number of employees.

FEEDBACK

4 / 4  (100.0%)

·  Orlando’s business wants to enact an affirmative action plan. Which of the following would not be a part of the process?

Reviewing the current workforceDetermining why using an AA plan might be necessary or wiseFiring majority workers who perform the least well.Setting a timeframe for when the business plans to achieve a certain percentage of minority workers

FEEDBACK

4 / 4  (100.0%)

Found in the following section(s) of the text:

4.12: Affirmative Action

·  Penn commits a tort while acting in the interest of her undisclosed principal.

Who is responsible or liable?

Principal and agentPrincipal onlyAgent only

FEEDBACK

4 / 4  (100.0%)

·  Megan’s boss is out of town. While she is gone, the company receives a critical tax bill from the state that must be paid immediately. Megan does not have authority to pay bills, but arranges for the company to pay the bill anyway. Which response best fits the situation – is the payment of the bill enforceable?

Enforceable via employee agentUnenforceable even with the employee as an agentUnenforceable; There is no agent relationshipEnforceable via factor agent

FEEDBACK

4 / 4  (100.0%)

·  Tiana runs an employment agency distributing work assignments to several dozen workers who then work for whatever employer they are assigned to. Which true statement best suits this situation? (“Discriminate” in this context means to make an employment decision about employees based on the characteristics described in the text.)

Tiana may not discriminate, and no qualifier or condition will enable her to discriminateTiana may discriminate, and no qualifier or condition will affect her ability to discriminateTiana may not discriminate, subject to time lapseTiana may discriminate, subject to type of business she runs.

FEEDBACK

4 / 4  (100.0%)

·  Felipe is an illegal immigrant seeking work in the U.S. He is hired by a small factory doing manual labor. When it is discovered that Felipe is an illegal immigrant:

Felipe cannot be deported, but the employer can be punished.Felipe can be deported, and the employer will not be punished.Felipe can be deported, and the employer can be punished.Felipe cannot be deported, and the employer will not be punished.

FEEDBACK

4 / 4  (100.0%)

Found in the following section(s) of the text:

4.13: Immigration Law in Employment

·  Marley goes outside the duties of her agency in negotiating a business contract between her principal and a customer. Which of the following is true?

If the principal disavows the contract Marley made, it still must pay for the work.If the principal ratifies the contract Marley made, it must pay her for the work.The principal is required to ratify the contract Marley made, and also to pay her for her work.Even if the principal ratifies the contract Marley made, it does not have to pay her for the work.

FEEDBACK

4 / 4  (100.0%)

Found in the following section(s) of the text:

4.4: Duties of the Principal to the Agent

·  For the scenario, determine whether or not the person should be covered by worker’s compensation protections.

Ginger works at a shop as a mechanic. One day at work, a fellow employee is pinned under a car when a jack fails. Ginger rushes over to help, and while trying to lift the car suffers a stroke.

Ginger will be coveredGinger will not be covered

FEEDBACK

3 / 3  (100.0%)

·  Fill in the blank that completes the statement.

Al’s Fine Winery has had workers attempting to band together to form a union. Al’s wants to avoid letting the workers gain too much power by eliminating new workers’ option to join a union at all. Al’s will likely utilize ____________.

Antitrust law(s)Yellow dog contract(s)Criminal conspiracy law(s)Federal injunction(s)

FEEDBACK

3 / 3  (100.0%)

·  For the scenario, determine whether or not the person should be covered by worker’s compensation protections.

Noel is on break at work and is bored. He climbs up on a conveyer belt and comically uses it as a treadmill. He slips on the belt and falls down, and his hand gets stuck in the belt and is injured. Noel’s actions are typical, and his employer knows that he usually engages in this kind of behavior. 

Noel will not be coveredNoel will be covered

FEEDBACK

3 / 3  (100.0%)

·  For the scenario, determine whether or not the person should be covered by worker’s compensation protections.

Vicente works at a factory. While he is working, a coworker negligently trying to spin donuts in a forklift runs into him, causing an injury to both workers.

Vicente will not be coveredVicente will be covered

FEEDBACK

3 / 3  (100.0%)

·  Cynthia is a union member at her company. She files a complaint against the union because of what she feels is an unfair rule. Which of the following is true?

Cynthia can only file a complaint through the union’s grievance procedures; she cannot sue it.Cynthia can have her union membership stripped from her whether she sues the union or chooses to follow a complaint through the union’s grievance procedures.Cynthia cannot complain to the union, but she may sue it instead.Cynthia may sue the union if her complaint to the union through its grievance procedures doesn’t resolve her problem.

FEEDBACK

3 / 3  (100.0%)

Found in the following section(s) of the text:

5.6: The Labor Management Reporting and Disclosure Act of 1959

·  Ella makes minimum wage. Her job title is “System Assembly Supervisor.” She primarily spends her workday putting together electronic components. She is asked to work more than 40 hours this week to meet a deadline. Is Ella eligible for overtime pay?

Ella must be paid overtimeElla cannot be paid overtime

FEEDBACK

3 / 3  (100.0%)

·  Gordon has already worked 40 hours this week and is asked to come in to work again. Gordon is a manager who constantly has to make decisions about the business’s operation. Is Gordon eligible for overtime pay?

Gordon cannot be paid overtimeGordon must be paid overtime

FEEDBACK

3 / 3  (100.0%)

·  Read the scenario and determine what result the law requires.

The union at Elsa’s firm is on strike because the company has not been following OSHA safety standards. During the strike, management hires a new person to take Elsa’s place. When the strike finally ends, Elsa wants her job back. 

Elsa must receive her job backElsa may not receive her job back

FEEDBACK

3 / 3  (100.0%)

·  Maddox is Gordon’s 17-year-old son. He is a whiz at repairing machines and is employed doing so at the factory full-time during the summer. He has already worked 40 hours this week, but some machines still need repaired. Is Max eligible for overtime pay?

Maddox must be paid overtimeMaddox cannot work overtime

FEEDBACK

3 / 3  (100.0%)

·  Read the scenario and determine what result the law requires.

The union at Cherry’s firm is on strike because it wants higher wages. During the strike, management hires a new person to take Cherry’s place. When the strike finally ends, Cherry wants her job back. Which of the following is true?

Cherry may not receive her job backCherry must receive her job back

FEEDBACK

3 / 3  (100.0%)

·  Which of the following was an effect of Norris LaGuardia?

Prohibition against concerted activityPrioritization of employment to a worker over a worker to his or her businessEnforcement of federal injunctionsProhibition against eliminating unions

FEEDBACK

0 / 3  (0.0%)

Part of this act was to clarify that employment to a worker was more important than a worker was to a firm, meaning the worker (or unions) have certain rights that preempt business’ unfair actions.

Found in the following section(s) of the text:

5.3: The Norris-LaGuardia Act of 1932

·  Training opportunities are what kind of a bargaining subject?

Illegal bargaining subjectMandatory bargaining subjectPermissive bargaining subject

FEEDBACK

3 / 3  (100.0%)

·  Darlene and her friends get together for lunch after work. While at lunch, the friends discuss what they can do to solve the problem of excessive overtime at work. Which of the following is true?

Darlene and her friends are engaging in concerted activity since they are discussing how to improve working conditions.Darlene and her friends are not engaging in concerted activity because they are not in a union meeting.Darlene and her friends are not engaging in concerted activity because they don’t plan to talk to management about the problem.Darlene and her friends are engaging in concerted activity only if they are union members.

FEEDBACK

3 / 3  (100.0%)

Found in the following section(s) of the text:

5.4: The National Labor Relations Act of 1935

·  Cathy works in a welding shop. While working one day, a pipe falls from scaffolding above and lands on her head, injuring her. Cathy complains to OSHA, but the company argues that because it has a “watch out for falling pipe” sign in the workplace that it gave fair warning. It also says that if Cathy wasn’t wearing a hardhat, she is responsible for her own injury. Which of the following is true?

Cathy’s employer may not be held liable for her injury if it fulfilled compliance and general duty requirements.OSHA rules can hold Cathy’s employer responsible for not maintaining a hazard-free workplace.Common law rules could hold Cathy responsible for her own injury.More than one answer is correct.

FEEDBACK

3 / 3  (100.0%)

Found in the following section(s) of the text:

5.9: The Occupational Safety and Health Act of 1970

·  Buster has had a serious medical condition for many months. He has used up all of his sick leave and vacation days, as well as 10 weeks of intermittent FMLA leave. He asks for an additional two weeks off from work. Which of the following is true?

Buster’s employer can fire him because he wants to take more leave.Buster cannot be fired for reasons aside from his need to take leave.Buster is entitled to the leave he is asking for.Buster cannot take any more leave if he has also used up his sick leave and vacation days.

FEEDBACK

3 / 3  (100.0%)

Found in the following section(s) of the text:

5.11: Worker Leave Provisions