F&B Ethics Final Exam

God calls on people to_____their boss

respect

______does not mean mankind must submit to actions which are__________

Respect; ungodly

refers to an employment agreement stating employment is for an indefinite period and may be terminated either by the employer or employee

employment-at-will

the_______-__-____doctrine is primarily the default rule when it comes to job security

EMployment-at-will

Congress enacted____________, which further limited the at-will doctrine by making it legal for employers to make employment decisions based on race, sex, national origin, color, or religion

Title VII

___________now exist for employment decisions based on age, disability, family medical decisions (including pregnancy), whistleblower, and retaliation statues

Protections

_____ is a temporary medical condiiton

pregnancy

What age begins the protection of age act?

40

_______ set forth the policies and expectations an employer may have for its employees

handbooks

most handbooks contain practical information for employees relating for_________benefit

employment

Employers who desire to use handbooks but do not wish for an implied "just-cause" relationship to be established must include disclaimers in their handbook which___________

"clearly set forth the absolute power the employers have to fire anyone with or without good cause"

Theistic Ethics Analysis: suggests that prior to the termination or suspension of an employee, due to "just-cause", an employer is required to:

offer an opportunity to be heard by an impartial party, ensure all evidence is considered, give supervisers authority to to suspend but not terminate employment, ensure the process is legally sound

the mission of the_________________is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the united states; improve working conditions, advance opportunities for profitable employment, and assure work-related benefits and rights

Department of labor

What is the purpose of the DOL?

foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the united states; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights

What does OSHA stand for?

Occupational Safety and Health Administration

The most recent federal minimum wage__________to $7.25 an hour occupation in 2009.

increased

the ____________ has not increased since

federal minimum wage

youths the age 14 & 15 may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs with_________

restrictions

Youths age 16 & 17 have no _______ on hours but may not work in jobs declared hazardous by the secretary of_______

restrictions; labor

unless exempt, employees covered by the Act must receive __________pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay

overtime

to qualify for unemployment compensation benefits, an applicant must show they:

(1) earned a minimum amount of wages in a job covered by the UC tax system during the period prior to being unemployed; (2) is currently out of work (usually not their fault); (3) is able and available to work; (4) Has registered at an appropriate government-operated employment service office, from which the applicant may be referred to prospective employers

The maximum number of _______of benefits is normally set at 26 weeks, although the range may be adjusted during economic downturns

weeks

Employees are not entitle to unemployment compensation benefits when they ___________ resign.

voluntarily

Employees who resign from their job for reason of ___________may also be prevented from recovering

conscience

Terminations based on employee ___________may disqualify a person from being able to receive benefits

misconduct

Refusal of suitable re-employment may also _________a person from receiving benefits

disqualify

the _______Act forbids an employer from discriminating by "paying wages to employees at a rate less than the rate which it pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, at which are performed under similar working conditions"

Equal pay

The Equal pay statue provides for disparities to occur between male & female workers wages if any of the following exists:

(1) seniority system, (2) merit system, (3) system which measures earning by quantity or quality of production (4) differential based on any other factor other than sex

The____________applies to all employers who employ 50 or more emloyees (during 20 weeks of the current or previous calendar year)

family medical leave act

___________permits eligible employees to take unpaid, job-protected leave (up to 12 weeks of unpaid leave per 12 month year) from work in the event of certain circumstances

Family medical leave act

What are the circumstances that the family medical leave act makes employees meet to be eligible to receive leave?

(1) employee serious health condition; (2) need to care for a family member; (3) birth of child; (4) adoption of a child; (5) need to attend military service;

FMLA permits an employee to use "__________" in the case of serious medical conditions, leave for childbirth or adoption, unless the employer authorizes a different arrangement

intermittent leave

the ADA also requires covered employers to provide_____________________or employees with disabilities and imposes accessibility requirements on public accommodations

reasonable accommodations

the ADA list includes changes in physical facilities and in job structure (modified work schedules, reassignment to a vacant position, special training, programs, acquiring or modifying equipment, support personnel) so long as the accommodation does not impose an "-______________"

undue hardship

significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation

undue hardship

At the pre-employment stage the only medical inquiry an employer is permitted to request is whether an applicant can:

perform the essential function of the job

The most important federal program designed to regulate workplace hazards, by seeking to minimize or avoid employee injury or disease among workers is the________________________________, which was enacted in 1970

Occupational Safety and Health Act (OSHA)

The purpose of OSHA was to:

"assure so far as possible every working man and woman... safe and healthful working conditions"

_________________ are contractual agreements between employers and employees which bar an employee, after termination, from engaging in employment which competes with the employer

"Covenants not to compete"

when reffering to intentional interference with contractual relations; they must show the defendant ___________and_________interfered with the performance of a contract between claimant and a third person by inducing or otherwise causing the third person not to perform the contract

intentionally ; improperly

a _________is a civil wrong for which a remedy may be obtained, usually in the form of damages

tort

What are some common work related torts?

defamation; intentional infliction of emotional distress; invasion of privacy; intentional interference with contractual revaluations

the law of ________provides protection to persons from false and malicious statements of others which cause harm to a person's character, fame or reputation

defamation

___________is not limited to words alone, but may include gestures or actions which convey a message

defamation

___________________is when extreme and outrageous conduct intentionally or recklessly causes severe emotional distress.

intentional infliction of emotional distress (IIED)

"so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community"

extreme and outrageous conduct

an employee's expectations of privacy in the workplace is_______

limited

the primary source of the rights to privacy are set forth in the____________

US constitution

employers are permitted to___________private sector employees

drug test

_______________refers generally to buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, based on material, nonpublic information about the security

illegal insider trading

_____________is defined as lewd remarks, touching, intimidation, posting of indecent materials, or other verbal or physical conduct of a sexual nature

Sexual harassment

____________sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitutes___________________;when this conduct explicitly or implicitly affects an individual employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment

unwelcome; sexual harassment

when investigating SA allegations, the EEOC looks at :

the totality of the circumstances

A determination on the sexual harassment allegations is made from the facts on a______-__-_____ basis

case-by-case

_____________calls on employers to provide sexual harassment training to their employees and establish an effective complaint or grievance process and take immediate and appropriate action when an employee complains

Theistic Ethics

Although the law does not prohibit simple teasing, offhand comments, or isolated incidents which are not very serious, harassment is_______when it is so frequent or severe it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted)

illegal

what are the 2 types of sexual harassment?

quid pro quo; hostile work environment

____________harassment is when an employer or employer's surrogate conditions employment advantages or disadvantages based upon unwelcome sexual conduct

Quid pro quo

a___________________is an environment when unwelcome sexual conduct is so severe or persuasive it creates an environment which objectively interferes with work performance

hostile work environment

to establish a hostile work environment, the court looks to the _______of the circumstances

totality

what are the 3 levels of scrutiny applied to laws?

Rational basis review; intermediate scrutiny; strict scrutiny

the government interest must be legitimate (merely conceivable is permitted, does not have to be actual), The law must be rationally related or non-arbitrary to achieve the interest, Protections: age, disability, wealth

rational review

The government interest must be important and genuine, the law must be substantially related to achieve the interest, Preotections: gender, illegitimacy, undocumented children

intermediate scrutiny

the government interest muct be compelling, the law must be necessary to achieve the purpose and narrowly tailored, protections: race, national origin, alienage (generally) and religion

strict scrutiny

what are the different types of fundemental rights?

rights triggering strict scrutiny; unknown scrutiny leve;; non-fundemental rights which require a rational basis review; rights triggering "undue burden"

what are some rights that trigger strict scrutiny?

marriage, procreation, voting, privacy, assembly, equality

What are some rights that have an unknown scrutiny level?

right to possess firearms, right to refuse medical treatment, right to engage in homosexual or transgender activity

what are some rights that are non fundmental which require only a rational basis review?

right to practice a trade or profession, right to education, right to physician assisted death

what are some tights that trigger "undue burden"?

abortion

___________prohibits employees from employment discrimination by employers, labor organizations, and employment agencies on the basis of "race, color, religion, sex or national origin"

Title VII

The________________ in employment act of 1967 was enacted by congress to provide similar protects to person over the age of 40

age discrimination

"Religion" as defined in ________ "includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates he is unable to reasonable accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business"

title VII

___________is when positive steps are taken to increase the representation of women and minorities in areas of employment, education, and culture from which they have been historically excluded

affirmative action

____________prohibits employers from retaliating against employees due to an employee's opposition to an employer's unlawful employment practice covered by___________, or because the employer has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under______

Title VII

__________________claims focus on the effects of an employer's practices, determining whether they are unlawful irrespective of motivation or intent. Employers are prohibited from using a facially neutral employment practice which has an unjustified adverse impact on members of a protected class

disparate impact

___________focuses on intentional decisions to treat people differently based on their otherwise protected characteristics; ____________ requires proof of intentionality whereas disparate impact looks to the outcome only regardless of the motivation or intent

Disparate treatment

___________rights are the inalienable rights granted to mankind by god

natural

In the united states the natural rights acknowledged by its citizens are:

"life, liberty, and the pursuit of happiness"

Natural rights are only subjects to change by _____the creator of life

God

Legal rights are the rights granted to mankind by ________authorities

governmental

The pinnacle of the natural rights offered by God is the right to ______one's life to God in an obedient manner, to carry out the will of God in the world where man lives

submit

God has made the _______ of his creation evident in the hearts of mankind

natural law

"We have no government armed with the power which is capable of contending with human passions unbridled by morality and religion. Our constitution was made only for a moral and religious people. It is wholly inadequate for the government of any other."

the fight for freedom of religion; said by john adams

In today's culture, being obedient to god in the face of attack by secularists requires intentionality, courage, and strength which can only come from the_____

holy spirit

"The true mark of the saint is he can waive his own ____and obey the Lord jesus"

rights

The ideal way for a society to exist is to acknowledge the _______bestowed on it by the creator must supersede the rights society bestows on itself

natural rights

It is better for society to be permitted to ______the wrongs of such persons by failing to interact with them or failing to do business with them, rather than for all of the _______natural rights of society to fall subservient to the secular rights of non-religious persons

correct; religious