1. Note: This question may have multiple correct answers. Select all which apply. Incorrect answers will be penalized.

Brian is the Internship Coordinator at Community Center. Among his tasks is to approach businesses to hire students and design programs that will comply with requirements allowing the internships to be unpaid. What factors must Brian consider?

	a.	Whether the employer normally pays regular employees to perform the intern's tasks
	b.	Both parties understand that the intern will not be paid for working with the employer
	c.	Whether the employer receives advantage from training the intern
	d.	Whether the intern receives educational benefit from the internship

1. Note: This question may have multiple correct answers. Select all which apply. Incorrect answers will be penalized.

Willy was formerly employed by Rivera Industries as a marketing manager. He was fired for sexually harassing 3 female administrative assistants, specifically inappropriate touching on several occasions. His termination came after he asked one assistant to work overtime and then cornered her in a supply closet after asking her to get supplies. The assistant pushed Willy away and called security, who escorted her from the building; the next day, the assistant reported the incident. Rivera Industries conducted an investigation that resulted in the other women coming forward.

As part of his severance deal, Willy convinced Rivera Industries' management to agree that if he received any requests for references, it would give him a good reference that was confined to his quality of work and make no mention of the reason for his termination. The head of Rivera Industries' HR department agreed and was contacted by several potential employers, including Miracle Marketers. Six months into his next job with Miracle Marketers, Willy sexually assaulted his co-worker Patricia after requesting that she work overtime. What liability, if any, does Rivera Industries bear for the assault on Patricia?

	a.	Rivera Industries may have some liability to Miracle Marketers, but has no liability to Patricia.
	b.	Rivera Industries could possibly escape liability to Patricia because Miracle Marketers should have performed a more thorough background check on Willy before hiring him.
	c.	Rivera Industries, by agreeing to provide any reference at all, is liable for providing a negligent reference for Willy because the reference it provided was not truthful and honest.
	d.	Rivera Industries has no liability to Patricia because it was entitled to protect itself against potential defamation claims by Willy because Rivera Industries had agreed to not mention the reason for termination.

1. Note: This question may have multiple correct answers. Select all which apply. Incorrect answers will be penalized.

The United States Supreme Court has shown itself to be employer-friendly and has issued rulings in cases which make it much harder to prove the following types of discrimination:

	a.	religion
	b.	age
	c.	disability
	d.	national origin

1. Kenny Danielson is a CPA. He has two full time employees and takes on a couple of temporary workers during tax time, and the temporary workers are expected to work remotely. On his 2020 job applications for his temporary workers, Kenny used an old form that he got off the internet several years ago. The application includes a question about the applicant's criminal history. Kenny has recently received a complaint from the Labor Commissioner filed by an out-of-state applicant who asserts that the question about criminal history is unlawful. What is Kenny's best defense to the complaint?

	a.	Kenny should respond that the worker who filed the complaint is not located in California and the Ban The Box law only applied in California.
	b.	Kenny should respond that because his business involves clients' sensitive financial information, he is entitled to ask about relevant criminal history because he would have to exclude anyone with a financial crime in his/her background.
	c.	Kenny should respond that he operates a small business that does not have to comply with the Ban The Box law.
	d.	Kenny should respond that he was unaware of the Ban The Box law because his application was an old form obtained off the internet.

1. California law precludes an employer from discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault or stalking. Which of the following is not something all employers are required to do?

	a.	Inform employees in writing of their rights
	b.	Provide additional security as needed to protect the workplace
	c.	Keep an employee who is the victim of stalking, domestic violence or assault
	d.	Allow victimized employees time off to handle legal matters related to the matter

1. Under HIPAA, employers may use employee's medical records information when making decisions regardless of whether consent was obtained.

True

False