2012 April 16 240 study guide 3

5 levying excessive or discriminatory dues 2 a files

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(5) Levying excessive or discriminatory dues. 2. A files a claim of discrimination on the basis of race against her employer with the EEOC. The employer learns of the charge and assigns A to do less desirable tasks and cuts her hours. What additional charge can A levy against her employer? Retaliation 3. What is the EEOC? What does it do? What kind of role does it have, is it an advocate for the claimant employee? EEOC – Equal Employment Opportunity Commission, enforcement agency for the Civil Rights Act. The EEOC is empowered (1) to file legal action in its own name or to intervene in actions filed by third parties; (2) to attempt to resolve alleged violations through informal means prior to bringing suit; (3) to investigate all charges of discrimination; (4) to issue guidelines and regulations concerning enforcement policy. No
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4. Name three protected statuses under federal law? Can the states add to the list of protected statuses? Give an example. (1) Religion (2) Race (3) Color (4) Gender Yes, like weight, height. 5. What is sexual harassment? What are the two types of sexual harassment? Sexual harassment is an illegal form of sexual discrimination that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual. (1) Quid and Quo (2) Hostile Work environment 6. Which doctrine allows, in the absence of a contract, an employee to quit for any reason and an employer to terminate employment of an employee at any time and for any reason? Employment doctrine 7. Give an example of a limitation on the doctrine in # 6? Statute public policy 8. A works in a Ford plant. A injures herself while attempting to place a fender on a Ford pickup truck. What relief does A have? What is the basis of recovery? Worker’s Compensation The basis of recovery under worker’s compensation is strict liability: the employee does not have to prove that the employer was negligent. Chapter 44 1. What are the legal bases for an accountant’s legal responsibility? (1) Contract law (2) tort law (3) criminal law 2. What are “working papers? An accountant is considered the owner of his working papers but may not disclose their contents unless the client agrees or a court orders the disclosure. 3. Is there an accountant-client privilege? No, an accountant-client privilege is not recognized by the common law or federal law, although some states have adopted statutes granting some form of privilege. 4. What does SOX prohibit accounting firms from as to their audit clients? The Act prohibits accounting firms from performing eight specified nonaduit services for audit clients. a. The act prohibits accounting firms from performing eight specified nonaudit services for audit clients, including bookkeeping or other services related to the accounting records or financial statements; b. Financial information systems design and implementation; c. Appraisal or valuation services; d. Fairness opinions; e. Management functions or human resources;
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f. Actuarial services Chapter 47 1. What does the Foreign Corrupt Practices Act prohibit?
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