MODULE 30 REGULATION OF EMPLOYMENT AND ENVIRONMENT
long as the injury is not self-inflicted, and not the result of a
fight or intoxication. However, acceptance of benefits under
workers' compensation laws precludes an employee from
suing the employer for damages in a civil court.
12. (d) Workers' compensation is a form of strict liabil-
ity in which an employer is liable to employees for injuries
or diseases sustained in the course of employment, without
regard to fault. Answer (a) is incorrect because the injured
employee is not required to establish employer negligence to
recover a workers' compensation action. Answer (b) is in-
correct because contributory negligence of the employee is
not a valid defense in workers' compensation cases. The
workers' compensation act removes the employer's common
law defense of negligence of a fellow employee, therefore
answer (c) is incorrect.
13. (a) Workers' Compensation Acts require an em-
ployer to provide coverage for all eligible emplbyees. Fur-
thermore, the employer is required to cover the cost of inju-
ries to employees, and no amount is deducted from the em-
ployees' wages. Therefore, answer (b) is incorrect. An-
swer (c) is incorrect because under workers' compensation,
the disability benefit payments are usually a percentage of
weekly earnings. The employer does not have to make up'
the difference between the benefit payments and the em-
ployee's salary. Answer (d) is incorrect because a business
covered under workers' compensation laws may be self-
insured but it must show proof of financial responsibility to
carry this risk.
14. (b) Most workers' compensation laws provide that
the employer is strictly liable to an employee without regard
to negligence of the employer or employee. Therefore; an-
swers (a) and (c) are incorrect. Answer (d) is incorrect be-
cause worker's compensation awards mayor may not be
payable for life.
15. (b) The following are some examples of workers'
compensation benefits: burial expenses, the cost of pros-
thetic devices, monthly payments to surviving dependent
children, and partial wage continuation during disability.
16. (a) Both occupational disease and employment ag-
gravated preexisting disease are covered by the statutes in
that all consequences of an injury on the job, regardless of
whether such injury was actually caused by an accident, are
deemed to be "accidental" injuries resulting from employ"
ment. If any conditions in the workplace could have possi-
bly contributed to or aggravated consequences, the doctrine
of strict employer liability applies.
D. Employee Safety
17. (c) OSHA investigates complaints and makes in-
spections of the workplace. Employers can require that
OS HA obtain a search warrant in most cases to conduct the
- search. Probable cause is needed to obtain a search warrant
and complaints by employees can provide the needed prob-
able cause. Answer (a) is incorrect because the employer
can allow the search or give permission, in which cases,
search warrants are not needed. Answer (b) is incorrect
because inspections can be made during working hours. In
fact, this may be the only or most effective time to conduct
the inspection. Answer (d) is incorrect because there is no _
requirement that OSHA give the employers advance notice
313
of the inspections. Such a requirement would make many
inspections less effective.
E. Employment Discrimination
18. (a) Under the Equal Pay Act, employers cannot pay
some employees less money than that paid to employees of
the opposite sex when equal work is performed. Under Title
VII of the Civil Rights Act, employers cannot discriminate
against a prospective employee on the basis of race, color,
national origin, religion, or sex.
19. (c) The Age Discrimination in Employment Act
does not specifically use the term "back pay" but the Act
provides equitable relief as deemed appropriate and other-
wise authorizes back pay. The Act does provide for em-
ployment reinstatement or promotion, but does not provide
for early retirement.
20. (b) The Age Discrimination in Employment Act
generally prohibits mandatory retirement under age seventy.
Answers (a) and (c) are incorrect because the Act generally
applies to individuals over forty years old. Answer (d) is
incorrect because forced retirement under the age of seventy
is generally prohibited under the Act.
21. (a) The Americans With Disabilities Act of 1990
prohibits all businesses with fifteen employees or more from
considering a person's handicap when making a hiring deci-
sion. Also, the act requires businesses to m~e special ac-
commodations available to handicapped employees and
customers, unless the cost is too burdensome. Therefore,
answer (a) is correct as the act covers both public transpor-
tation and privately operated public accommodations.
f2. (b) The Americans with Disabilities Act provides
the disabled with better access to employment, public ac-
commodations, and transportation. The Act requires co m-
'panies to make reasonable accommodations for the disabled
unless this would cause undue hardship for the business.
The Act does not require companies to set up a hiring plan.
23. (c) The Americans With Disabilities Act requires
most companies and entities to not discriminate against
qualified individuals with disabilities who can perform the
essential functions of the job either with or without reason-
able accommodation, unless the company can show undue
hardship. Reasonable accommodation may include pur-
chasing new equipment, modifying facilities, or modifying
work schedules.
E.10. Family and Medical Leave Act
24. (a) A covered employee has the right to a leave
from work for specified reasons for twelve workweeks in a
twelve-month period but typically receives leave without
pay. Answer (b) is incorrect because it mentions one of the
specified reasons allowed for a leave. Answer (c) is incor-
rect because an important right under the Act is to get back
the same or similar position upon returning. Answer (d) is
an incorrect response because not all employees are covered.
To be covered employees must have worked for twelve
months, for at least 1,250 hours in those twelve months, and
be one of at least fifty employees.
25. (c) The Act provides for up to twelve workweeks of
unpaid leave for the employee to care for serious health
problems of his or her parent, spouse, or child. It also pro-