Agency Law (Ch. 14) & Employment Discrimination (Ch. 16) – Practice Flashcards

These flashcards review key concepts from Chapters 14 (Agency) and 16 (Employment Discrimination), including agency formation, fiduciary duties, ratification, independent contractors, Title VII procedures, disparate-impact and disparate-treatment discrimination, the Equal Pay Act, ADA, and ADEA immunity.

Are corporate officers considered agents of the corporation?

true

What is an agent in business law?

A person authorized to act on behalf of a principal in dealings with third parties.

Employees who deal with third parties are of their employers.

agents

Does an independent contractor work under the same right-to-control test as an employee?

No. Independent contractors are not subject to the employer’s detailed control over the manner and means of performance.

Can an agency relationship exist without consideration?

Yes. Consideration is not required to form an agency relationship.

Is a principal liable for contracts made by an agent acting outside the agent’s scope of authority?

No. The principal is not liable for contracts outside the agent’s actual or apparent authority.

When a corporate officer signs a contract for the corporation, what is the officer’s role?

The officer acts as the corporation’s agent and has authority to bind it.

If an employer dictates the methods, goals, and standards of a worker’s tasks, that worker is most likely a(n) .

employee

What is agency by ratification?

When a purported principal approves an unauthorized act done on their behalf, thereby creating agency retroactively.

Absent a specified sales target, what performance level must a sales agent achieve?

Reasonable diligence and skill in selling.

Which fiduciary duty requires an agent to act with reasonable care and competence?

The duty of performance.

A salesperson who pockets side payments from customers breaches which duty?

The duty of loyalty.

When does an ordinary power of attorney terminate?

Upon the principal’s death or incapacity.

After ratifying a contract, can a principal rescind only part of it?

No. Ratification is all-or-nothing; partial rescission is totally unsuccessful.

Transferring the right to receive payment under a contract to a bank is called what?

An assignment.

Does the Civil Rights Act of 1964 prohibit job discrimination at every stage of employment?

Yes. Discrimination is barred in hiring, promotion, discharge, and other employment decisions.

Must a discrimination victim sue an employer before filing with the EEOC?

No. The victim must first file a charge with the EEOC.

To sue for intentional discrimination, a plaintiff must be a member of what?

A protected class.

Is proof of discriminatory intent required to establish a prima facie Title VII case?

No. Intent is presumed once the prima facie elements are shown.

Disparate-impact discrimination involves discriminatory practices.

unintentional

Does the Equal Pay Act require that all women be paid the same as all men at a company?

No. It requires equal pay for equal work, not across-the-board gender equality.

Can an employer be liable for same-sex sexual harassment by an employee?

Yes. Title VII recognizes same-gender harassment claims.

Under the ADA, a person with a physical impairment that substantially limits major life activities is considered .

disabled

Which federal agency enforces Title VII compliance?

The Equal Employment Opportunity Commission (EEOC).

For a prima facie discrimination case, a plaintiff must show membership in a protected class and what else?

That they were qualified for the position and suffered an adverse employment action.

Failing an employment test that unintentionally screens out a protected class is an example of discrimination.

disparate-impact

To prove disparate impact, a plaintiff compares the employer’s hiring rate to what benchmark?

The percentage of qualified members of the protected class in the local labor market.

Refusing to hire someone because of ethnicity is discrimination.

disparate-treatment (intentional)

Is paying a higher-performing female employee more than a lower-performing male employee discrimination?

No. A merit system tied to job performance is a legal defense under the Equal Pay Act.

Are states immune from private ADEA suits in federal court?

Yes. States generally have Eleventh Amendment immunity from such suits.