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Exam 19: Labor and Employment Discrimination Law

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Question 1

Multiple Choice

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Which of the following conditions need to be satisfied by an employer in China before reducing his or her workforce by at least 20 employees or by 10 percent?

A) The employer is restructuring due to bankruptcy.
B) The employer is experiencing difficulties in production and operations.
C) A material (significant) change in the objective economic circumstances has occurred, making performance and fulfillment of the employee contract impossible.
D) Any of these.

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Question 2

Multiple Choice

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With regard to global working conditions of child labor and prison labor,which of the following statements is true?

A) Efforts to develop WTO trade rules that tie labor standards to international trade have borne fruit in the new GATT understandings between industrialized and developing nations.
B) Section 301 of the U.S Trade Act of 1974 has been amended to impose tariffs on goods that are produced by child labor or prison labor.
C) A few companies, such as Levi-Strauss & Co., have adopted global sourcing guidelines to use only suppliers who do not make use of child or prison labor.
D) Since NAFTA, Mexico has made great strides in making sure that children below the age of 14 are kept in school and not used in manufacturing operations.

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C

Question 3

True/False

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Workers in the United States acquire a property interest in their jobs such that severance pay is an entitlement to compensate for property taken upon dismissal from the position.

Many foreign nations attract investment because of less demanding labor and environmental laws.

Unlike U.S.employers,Chinese employers are allowed to set _____ requirements for female job applicants.

In Japan,union leadership is a stepping stone to management.

EU laws prohibiting gender discrimination are much more progressive than those in the United States.

Compare and contrast the employee discharge laws in the U.S.with those in Germany.

In the Civil Rights Act of 1991,Congress extended Title VII to: I.U.S.firms operating outside the United States under the control of a U.S.entity. II.U.S.firms operating outside the United States except where compliance with Title VII would violate the local law of the country where the firm is located. III.Foreign firms operating abroad that employ U.S.citizens.

In many European countries,workers have been granted a right of consultation about or notice before reducing the work force.The country that generally grants its workers the most rights of participation is:

In Duncan v.American Intern,the court held that the extension of Title VII employment laws outside the U.S.depended on the amount of "control" the U.S.parent had over foreign entity operations based on various criteria,including:

Provide examples of collective bargaining agreements that would and would not fall within the "foreign laws" exception.

In the United States,employers under the "at will" employment relationship can terminate employees without cause.

In the Civil Rights Act of 1991,Congress extended Title VII to all U.S.firms operating outside the United States.

Compare and contrast attitudes toward the employer-employee relationship in the United States with those in other countries.How are these reflected in the respective legal frameworks?

In Germany,the supervisory board of directors is responsible for representing government and shareholder interests.

An American citizen working abroad for a wholly owned subsidiary of a British company will be protected by the ADEA if the subsidiary is a U.S.corporation.

In Germany,companies that employ more than 2,000 workers must have supervisory boards with 25% representation from labor and 75% representation from shareholders.

An unsafe labor condition that is common in many emerging nations is:

Some of the newly formed countries of the former Soviet Union have laws that mandate discrimination against certain people.