Understanding Sexual Harassment, Arbitration, and Employment Law, Exams of Study of Commodities

Download Understanding Sexual Harassment, Arbitration, and Employment Law and more Exams Study of Commodities in PDF only on Docsity! ISSA PTR483 FINAL EXAM STUDY GUIDE QUESTIONS & ANSWERS. 1. Sexual harassment is defined by your textbook as - Correct answer "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature." 2. This type of harassment can be presented as a condition in order to keep one's position, or to advance within a company. 3. When a neutral decision maker evaluates a dispute between parties and comes to a final resolution that is binding, it is known as: - Correct answer Arbitration 4. True or false: Common law is NOT considered to be cumulative. - Correct answer False 5. This branch of the government amends existing laws and enacts new laws. - Correct answer legislative 6. When a gym or spa examines itself closely to determine any potential liability possibilities, it could be said to be performing: - Correct answer risk identification 7. True or False: The United States legal system has 5 branches of government. - Correct answer False 8. Rules that are created to operationalize statutes by providing more specific guidance are known as: - Correct answer regulations 9. True or False: A foundational document that sets forth the basic principles of a government, including limits on governmental power, is called a Statute. - Correct answer False 10.Which of the following is NOT one of the five steps in the preventive law process? - Correct answer employee assessment 11.True or False: The term "Competitive advantage" means not just an ability to make your business more profitable, but an opportunity to make your sport/recreation organization a superior one operationally. - Correct answer True 12.True or False: Attempting to identify and then manage threats that could severely impact or bring down an organization is known as "Preventive Law." - Correct answer False 13.When you reject an initial contract offer and instead respond with a revised offer, you are said to be making a _________. - Correct answer Counteroffer P a g e 1 | 7 14.True or False: The main purpose of the ADA act is to protect qualified applicants who are disabled against discrimination because of a disability. - Correct answer True 15.When a contract is dissolved, and all parties are returned to the positions they had prior to the creation of the contract, it is known as: - Correct answer Rescission 16.When you can be fired at any time and for any reason, you are said to be: - Correct answer Employed at will 17.Another term for "vicarious liability" is - Correct answer "Respondent superior." 18.This was put into place to help prevent employment discrimination based on national origin, race, sex, religion, or color. - Correct answer Title VII 19.T/F: An oral contract can be proven just as easily as a written contract, so it's really just a waste of time and money to put a contract into writing. - Correct answer False 20. If a party fails to hold up the obligations of a contract, it is known as: - Correct answer Breach of contract 21.T/F: It is perfectly acceptable to ask someone how old they are when interviewing them for a potential position. - Correct answer False 22.T/F: A written or spoken agreement, especially one concerning employment, sales, or tenancy that is intended to be enforceable by law is known as a contract. - Correct answer True 23.T/F: Contract law defines how and when agency relationships are created, what rights and responsibilities exist between a principal and an agent, and what legal effect will be given to the acts of an agent in his or dealings with third parties. - Correct answer False 24.The Act that helps to protect student athletes in states that do not have a form of athlete agent regulation in place is known as _________. - Correct answer SPARTA 25.What protects individuals from gender discrimination in any program/activity that receives financial assistance from the government? - Correct answer Title IX 26.NLRA stands for: - Correct answer National Labor Relations Act P a g e 2 | 7 54.3. Avoid conflicts of interest - The best interest of the client should always be kept in mind, and any conflicts of interest should be recognized and avoided. 55.4. Professional relations - Trainers must co-operate and respect other professional trainers and health and fitness related professionals. Participation in any activities outside of a professional nature should be avoided. 56.5. Societal responsibilities - Trainers should support and participate in activities that enhance society and their local community, respecting all laws. 57.Those that work in sports and health fitness are often faced with ethical choices. Below are just a few ethical violations that could occur: - Correct answer not respecting the personal boundary that must exist between clients and trainers 58.Discriminating based on race, age, sex, gender, or religion when choosing clients 59.Giving special attention to "more attractive" clients 60.Repeating a client's private information or conversation that was overheard 61. Ignoring equipment that needs maintenance because you are "too busy" 62.As a cost cutting measure, older employees are targeted for termination because they are making a higher salary 63.Oxford English Dictionary defines harassment as - Correct answer "Aggressive pressure or intimidation. 64.Your text defines two specific types of sexual harassment, - Correct answer "Quid pro quo" and "hostile environment harassment." 65.Quid pro quo harassment occurs when - Correct answer promises of favors are made, such as promotions or pay raises, if an employee agrees to perform sexual favors in return. 66.Hostile environment harassment occurs when - Correct answer an employee is subjected to unwanted repeated sexual advances, resulting in a hostile environment that makes it difficult for the employee to do their job. 67. In this instance, sexual bribery does not exist as it does with quid pro quo harassment. 68.Hostile environment sexual harassment tends to be more difficult to prove in court than quid pro quo harassment. P a g e 5 | 7 69. In order to minimize liability of sexual harassment, - Correct answer it is important that employees are fully trained, understand what sexual harassment is, and know what behaviors are deemed unacceptable. 70. Important strategies that can help to minimize sexual harassment in your facility - Correct answer create a zero-tolerance sexual harassment policy that exists separately from a discrimination policy 71. Include broad definitions of prohibited behavior in created policies 72.Ensure that employees receive proper training through the use of training workshops; do not just assume that employees understand what harassment is 73.Have clear procedures for reporting and handling harassment complaints 74.Protections to employee expression - Correct answer employees are protected under Title IX for the act of "whistleblowing," which defines as "the act of telling the authorities or the public that the organization you work for is doing something immoral or illegal." 75.Religious expression is also protected - Correct answer For instance, if an employee happens to be terminated because they refuse to work on a day that conflicts with their observance of a religious holiday, then the employee would likely be able to take legal action based on Title VII 76.Several strategies to help meet OSHA's requirements, such as: - Correct answer Display all required OSHA posters and information 77.Know and understand what OSHA regulations apply to your facility 78.Conduct periodic safety audits 79.Create a team to deal with safety emergencies 80.Designate an employee to oversee safety concerns on-site and to function as OSHA contact 81.Review safety records regularly 82.Train employees in OSHA requirements and make sure all training material is kept up to date 83. Each state has passed worker's compensation statutes to help provide compensation for those that are injured during the course of duty on the job. - Correct answer Worker's compensation laws protect employees, but also protect employers as well. Your textbook states that worker's compensation laws "protect employers and fellow workers by limiting the amount an injured P a g e 6 | 7 employee can recover from an employer and by eliminating the liability of co- workers in most accidents." It doesn't matter who is to blame for an accident, employees that incur a work-related sickness or injury may receive benefits through workers' compensation. P a g e 7 | 7