WGU C233 Test Bank. Employment Law Quizzes. ( Answered) verified.

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WGU C233 Test Bank. Employment Law Quizzes. ( Answered) verified. What is judicial review? - ✔✔-The power of the Supreme Court to consider whether a law comports with the Constitution Which ... of the following is NOT a purpose or function of law? *Settle private and public disputes *Determine procedures for changing the law *Prevent desirable, or promote undesirable behavior *Facilitate for private arrangements between individuals - ✔✔-Prevent desirable, or promote undesirable behavior What is a precedent? - ✔✔-A controlling rule, example, or guide The doctrine of a court following the precedent of an earlier court is knows as: - ✔✔-Stare decisis What is a judicial view? - ✔✔-The power of the Supreme Court to consider whether a law comports with the Constitution. Which of the following laws has the least amount of power under the Supremacy Claus? - ✔✔-State Laws Agency is a ________ relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his behalf and with the power to bind the principal. - ✔✔-Contract An employer can be exposed to liability in tort (a civil wrong which causes someone harm) for the acts or omissions of the employee. This employment law is best known as: - ✔✔-Vicarious Liability Employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of the job description is referred to as: - ✔✔-Scope of Employment In the scope of employment context, which of the following is an example of frolic and detour? - ✔✔-An employee runs a personal errand while driving to a meeting at a company branch office. "Let the master answer for the servant" applies to which vicarious liability doctrine? - ✔✔-Respondeat superior Of the following classifications of worker, which causes smallest obligation to the employer? - ✔✔- Independent Contractor Which of the following is NOT one of the three different tests commonly used to determine if a worker is an employee or an independent contractor? *The economic realities test *The IRS 20-factor analysis *The common law agency test *The working description test - ✔✔-The working description test What is the main purpose of the economic realities test? - ✔✔-Determine whether the worker has little freedom to exit the relationship because they are economically dependent on the business The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed independent contractors. Which of the following is NOT a factor? *Integration: How closely the employer's business processes linked to a worker's performance? *Relationship: How many hours per year do the employee and employer spend time together outside of work? *Training: How much training does the employer give? *Instructions: Who controls what, when and how work is to be done? - ✔✔-Relationship: How many hours per year do the employee and employer spend time together outside of work? TRUE or FALSE: Generally, partners, directors and major shareholders are not employees. - ✔✔-TRUE What is the definition of an employer? - ✔✔-An entity that employs another to work on his or her behalf for pay. Operations of two or more employers are considered so intertwined that they can considered a single employer for purposes of both federal statutory coverage and liability. This is knows as: - ✔✔-Integrated Enterprise When two or more entities, which are not engaged in an integrated exercise, exert control over an employee such that each entity may be considered an employer, this is known as the _______ doctrine. - ✔✔-Joint Employer A business is a _____ employment agency if it regularly procures employees for at least one covered employer. - ✔✔-Covered Which of the following is NOT a qualification to fall under federal employment law statutes? *An entity is not engaged in an industry-affecting commerce *An entity maintains a hiring hall which procures employees for at least one covered employer *An entity membership exceeds certain number *An entity represents the employees of an of an employer - ✔✔-An entity is not engaged in an industryaffecting commerce Under the Employment-At-Will Doctrine, _____. - ✔✔-An employer may terminate an employee at any time, for any legal reason without incurring liability. The At-Will Doctrine has come under much criticism in the modern age because _____. - ✔✔-It allows for possible harsh consequences for the employee. Which of the following is NOT recognized exception to at-will doctrine under the common law? *Implied covenant of good faith *Public Policy *Economic sustainability *Implied contract - ✔✔-*Economic sustainability How many states recognize the the public policy exception? - ✔✔-44 If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union activities, opposing unlawful discriminatory practices, filing for workers' compensation, or "whistleblowing," the employer may face liability for a - ✔✔-retaliatory discharge Employees may claim wrongful termination through _____ or constructive discharge. - ✔✔-tort claims What is the doctrine of Constructive Discharge? - ✔✔-Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he or she had any other option but to quit. When a third party, perhaps a co-worker or client, pressures the employer to terminate an employee without cause, _____ has occured. - ✔✔-Intentional interference with a contract. _____ prohibits termination for anything other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute. - ✔✔-Montana Wrongful Discharge From Employment Act TRUE or FALSE: The Montana Wrongful Discharge from Employment Act limits employee damages for wrongful termination to four years of compensation. - ✔✔-TRUE ______ is/are the primary reason(s) U.S.C. section 1981 and the Civil Rights Act of 1871 were ineffective in improving the rights of blank Americans? - ✔✔-Lack of enforcement On June 19, 1963, President John F. Kennedy sent comprehensive civil rights legislation to Congress, asking it to: - ✔✔-"Make a commitment it has not fully made in this century to the proposition that race has no place in America life or law." The Vll covers employers to have "_____ or more employees for each working day in each of twenty or more calendar weeks in the current preceding calendar year, and any agent such a person." - ✔✔-15 TRUE or FALSE: Title Vll does not prevent employers of businesses operated in proximity to Native American reservations from preferring Indians over others for jobs. - ✔✔-TRUE Which of the following is not a specified protected class under Title Vll? - ✔✔-Sexual affinity or orientation Which federal agency was created by the Civil Rights act of 1964 and tasked to enforce federal antidiscrimination statutes. - ✔✔-EEOC During its first few years, the EEOC lacked enforcement authority and had power to only investigate discrimination and then refer meritorious claims to the _____ to pursue through litigation. - ✔✔- Department of Justice The EEOC has influenced the judicial interpretation of civil rights legislation by helping to define what constitutes _____. - ✔✔-Discrimination The Age Discrimination in Employment Act of 1967 protects individuals who are over what age? - ✔✔-40 Before an employee or job candidate can take a complaint of job discrimination under the Title Vll to court, he/she must first: - ✔✔-File with the EEOC What is disparate treatment under Title Vll - ✔✔-The intentional adverse of unequal treatment of an individual based upon a protected class characteristic. Disparate treatment may be established by _____ of discriminatory motive. - ✔✔-Direct evidence Three employees were caught stealing. The two white employees are fired, but the black employee is not. Being fired for stealing is a perfectly acceptable business practice. Under what disparate treatment discrimination analysis might the white employees show discrimination? - ✔✔-Comparative evidence What is a bona fide occupational qualification? - ✔✔-The subject class characteristic is reasonably necessary to the normal operation of that particular business or enterprise. _____ discrimination is when an employer's policies have the purpose or effect of assigning employees to particular aspects of a business enterprise based upon a protected class characteristic and with no apparent legitimate business necessity. - ✔✔-Pattern and Practice In the Title Vll disparate impact discrimination claims, the plaintiff charges that: - ✔✔-The employer's procedures, policies, or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class. _____ discrimination is directed at an individual, _____ discrimination is directed at a class of persons. - ✔✔-Disparate treatment : Disparate impact What was the ruling in the Griggs v. Duke Power? - ✔✔-Duke Power's standard intelligence test had disparate impact on black employees. Congress passed the _____ to codify the concept of disparate impact discrimination as articulated in Griggs v. Duke Power. - ✔✔-Civil Rights Act of 1991 Griggs v. Duke Power was the seminal case for establishing - ✔✔-Disparate impact In disparate impact claim under Title Vll, the plaintiff must establish the following prima facie elements: A. An apparently neutral employer's procedure, policy, or practice which has teh effect of limiting employment opportunities for a particular class. B. The difference in impact is substantial C. The impact is intended to affect a specific group - ✔✔-Both A and B Which of the following is NOT an example of neutral policy and protected class(es) which may be impacted by the policy? *Physical strength tests - gender *No beard policies - gender/race/national origin/religion *Educational requirements - race;dress codes - gender/religion *Drug testing - national origin - ✔✔-Drug testing - national origin The EEOC has established a guideline for determining whether a statistical disparity has disparate impact upon a particular protected class or classes known as: - ✔✔-The four-fifths rule What is a screening device? - ✔✔-A test or set of hiring criteria Once a plaintiff has established a prima facie case, the burden shifts to the employer to show that neutral policy is job-related and consisted with: - ✔✔-business necessity In a disparate impact claim, plaintiffs may allege that the employer-offered business reasons for adverse employment action is merely a _____ or cover-up for discrimination. - ✔✔-Pre-text _____ is the foundation case that establishes the notion of pretextual discrimination. - ✔✔-McDonnell Douglas, Corp v. Green The rationale of the prima facie case in disparate impact cases is to eliminate the _____ reasons for a job denial and thereby show that discrimination is the most plausible explanation. - ✔✔-Nondiscriminatory When plaintiffs allege adverse impact discrimination, they must show: *They are a member of a particular protected class *They applied for the job *The job was available *All of the above - ✔✔-All of the above In adverse impact claim where the employer offers a legitimate reason for the adverse employment action and the burden shifts back to the plaintiff, which of the following does not support the plaintiff's case? - ✔✔-The reason is important to the business but not the specific employee. What is the term which describes an adverse employer job action based upon an employee's lawful actions? - ✔✔-retaliation TRUE or FALSE: An employee can be subject to any negative job action for making a frivolous claim of disparate treatment discrimination under Title Vll. - ✔✔-FALSE Which of the following is NOT a prima facie case for retaliation? *The employee engages in protected activity *The employee suffers some adverse employment action *There is nexus - causal link - between the adverse employment action and the employee's protected activity. *The employee does not suffer from an adverse employment action. - ✔✔-The employee does not suffer from an adverse employment action. Which of the following is not a form of retaliation? *Limited supervision *Salary reduction *Negative evaluation *Demotion - ✔✔-Limited supervision The fact that an employee has exercised his or her rights under an anti-discrimination statute does not prevent an employer from taking _____ against that employee if performance lags or discipline is necessary. - ✔✔-legitimate job action What is the legal term which describes the relief a person may obtain when he/she is successful in establishing discrimination claim under Title Vll? - ✔✔-Remedy Compensatory damages are a monetary amount necessary to replace what the claimant lost. Which of the following is NOT included? *Ego *Money *Non-monetary losses *Pain - ✔✔-Ego What if front pay? - ✔✔-An award of money in lieu of reinstatement An equitable remedy could include a retroactive reinstatement of seniority, or an order requiring a firm to refrain from certain actions. This is known as: - ✔✔-Injunctive relief TRUE or FALSE: The Civil Rights Act of 1991 amended Title Vll to include compensatory and punitive damages, but placed a cap of damage amounts. - ✔✔-TRUE What did the U.S.C. Section 1981 provide to all citizens, including those of African descent? - ✔✔-The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws How long does the application Title Vll continue after a firm has reached a critical mass of 15 employees? - ✔✔-One Year In 1972, Congress amended Title Vll, by passing the _____ which give the EEOC authority to conduct its own enforcement litigation. - ✔✔-Equal Employment Opportunity Act What is the main purpose of the Equal Pay Act of 1963? - ✔✔-Protect men and women who perform substantially equal work in the same establishment from sex-based wage discrimination. Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) and its 2008 Amendments (ADAAA) prohibit disability discrimination in the: - ✔✔-Private sector An employer's decision to take some adverse action against an applicant or employee based upon knowledge and consideration of a protected class characteristic which has little or nothing to do with whether a person can perform the essential functions of a job is known as _____. - ✔✔-Discriminatory intent An employer may claim that 50 percent of employees are non-white minorities or women. However, if the minority employees or women are concentrated in low playing positions, and all the white employees hold high paying managerial positions, this would be best described as: - ✔✔-Pattern and practice discrimination Which of the following is NOT an unlawful practice under Title VII: *Refusing to hire or discharge an individual based on race, color, religion, sex or national origin *Adversely affecting the status of an employee based on race, religion, sex, or national origin *Limiting, segregating, or classifying employees based on race *Changing time schedules for individuals because of religious conflict - ✔✔-Changing time schedules for individuals because of religious conflict The seminal case establishing the concept of disparate impact is: - ✔✔-Griggs v. Duke Power When an employer's facially neutral procedures, policies, or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class, they are said to have _____. - ✔✔-Disparate impact Examples of facially neutral policies and protected classes that may be impacted might include: *Height and weight restrictions - gender/national origin *Language requirements - national origin *Physical strength tests - gender *All of the Above - ✔✔-All the Above The four-fifths rule provides that a screening device test or other hiring criteria - will be discriminatory if the selection rate of a protected class is less than _____ percent of the majority. - ✔✔-80 Which of the following is NOT something a complaining party must show in a case of pretext? *The employer kept looking to fill the position *The complaining party was denied the position *The complaining party was qualified for the position *The complaining party was previously employed by the employer in question - ✔✔-The complaining party was previously employed by the employer in question TRUE or FALSE: In the McDonnell Douglas, Corp v. Green case, the U.S. Supreme court remanded the matter to the lower court to conduct a hearing under the prima facie standards is established. - ✔✔- TRUE Unlike disparate treatment based upon _____ characteristics, retaliation involves adverse job action based upon an employee's lawful actions. - ✔✔-Class In the private employer arena, an employee would have to look to the public policy exceptions and to the _____ to determine if a case of retaliatory discharge is available. - ✔✔-At-will doctrine TRUE or FALSE: Favorable actions to an employee cannot be seen as retaliation. - ✔✔-FALSE Remedies can include: A. Money B. A desired action C. An unmerited promotion Both A and B - ✔✔-Both A and B Money awards may take the form of back pay for up to _____, for the time an employee was not working, - ✔✔-Two years Monetary damages designed to punish an employer is known as _____. - ✔✔-Punitive damages Notwithstanding the protection of Title VII, much progress remains to be made as women continue to trail men in: - ✔✔-Employment compensation and opportunity Title VII prohibits gender discrimination in all aspects of the employment process including: *Hiring *Promotion *Transfers *All of the above - ✔✔-All of the above Which of the following is an important case addressing grooming and dress in gender discrimination? - ✔✔-Price Waterhouse v. Hopkins A federal judge found that forcing female, but not male, employees working in a casino to wear makeup was: - ✔✔-Not a violation of Title VII Why did the Civil rights act of 1964 add the word sex just before signing it into law? - ✔✔-There existed a strong anti-women animus among unions and supporters of the legislation who did not want women included in the protections offered by Title VII What is gender plus discrimination? - ✔✔-When an employer classifies employees on basis of gender plus another characteristic Which of the following is an example of gender plus discrimination? - ✔✔-An employer treats an employee different because he/she has young children at home, assuming he/she will have less time to devote to work Gender plus discrimination may also involve age, as in hiring younger women over older women as child care workers or receptionists. In this case, age is the: - ✔✔-Plus factor Once the prima facie case of gender plus discrimination has been established, the burden of production shifts to the: - ✔✔-Employer Which of the following is NOT a way an employee claiming gender plus discrimination can discredit an employer's pretext? *Weaknesses *Contradictions *Implausibilities *Consistencies - ✔✔-Consistencies What is the purpose of the Pregnancy Discrimination Act? - ✔✔-To prohibit employment discrimination on the basis of pregnancy, childbirth, or related medical conditions If an employees ability to perform the essential functions of a job is temporarily disrupted by pregnancy, employers must treat an employee: - ✔✔-The same as any other temporarily disabled worker Pregnancy health coverage must be _____ of marital status. - ✔✔-Independent Workers who are opposing discriminatory practices under the PDA, filing a discrimination charge, testifying, or participating in an investigation, proceeding, or litigation under the Title VII: - ✔✔-May not be retaliated against for opposing discriminatory employer practices Health insurance provided by the employer must include pregnancy-related conditions at the same cost as other medical conditions. What can be excluded? - ✔✔-Elective abortions a year before the passage of Title VII, the Equal Pay Act (EPA) was enacted to require almost all employers to: - ✔✔-Pay women and men equally for the same work Unlike the Title VII, an EPA does not require a complaint to the _____ prior to bringing lawsuit against an employer. - ✔✔-EEOC To make a claim of discrimination under the Equal Pay Act - the prima facie case - an employee must show that _____ employees of the opposite gender are: 1) working in the same place; 2) doing equal work - sufficient commonality of tasks and responsibilities; and 3) receiving different and unequal pay. - ✔✔-Two _____ refers to the law providing that the 180 - day filing period begins to run on the date of any three events: 1) the adoption of a discriminatory practice or decision to the employee; and most significantly, 3) each time wages, benefits, or compensation is paid under the practice or decision. - ✔✔-Lilly Ledbetter Fair Pay Act TRUE or FALSE: The Lilly Ledbetter Fair Pay Act also expanded the list of persons aggrieved by the discriminatory pay practice or decision to include family members and children of deceased workers. - ✔✔-TRUE Title VII contains no language prohibiting "harassment" or "____________," but courts have recognized the claim because harassment is equivalent to discrimination in its employment opportunity limiting effects. - ✔✔-Sexual harassment At its most basic level, sexual harassment is harassment directed at an employee because of his or her: - ✔✔-Gender A male nurse who is regularly berated by coworkers for doing a "woman's job" or a female employee who is continually mocked for not being "tough enough" to handle a traditionally male job, like driving a truck or negotiating with a union, are examples of: - ✔✔-Sexual harassment In a case where gender, but not sexual motive is involved, the harassment is more appropriately named - ✔✔-Gender harassment TRUE or FALSE: When the harassment is gender-based, no sexual harassment claim is available. - ✔✔- FALSE Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status is known as ________ sexual harassment. - ✔✔-Quid pro quo What is Quid Pro Quo sexual harassment? - ✔✔-Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status What is the meaning of Quid Pro Quo? - ✔✔-Something for something The possible employment outcomes used as part of the exchange in sexual harassment are called: - ✔✔- Tangible job actions Which of the following is NOT a significant tangible job action to show harassment? *Demotion *Alteration in pay *Transfer to another job with the same pay, benefits, duties, and opportunity *Termination - ✔✔-Transfer to another job with the same pay, benefits, duties, and opportunity In a hostile work environment sexual harassment claim, the affected employee alleges that he/she: - ✔✔-Has been put in an intimidating, hostile, or offensive working environment that unreasonably interferes with his/her work performance What is the seminal case for hostile environment sexual harassment? - ✔✔-Meritor Savings Bank, FSB v. Vinson Which of the following is not a claim in a prima facie case for a hostile work environment? - ✔✔-The employer does not know the actions are unwelcome Which of the following could be considered severe or pervasive enough to create a hostile work environment? *Excessive profanity *Offensive touching *Disseminating pornography *All of the above - ✔✔-All of the above If a claimant provoked or engaged in offensive behavior at work, courts have held that: A. If the victim has provoked the bad conduct, he or she will be prevented from making a claim of sexual harassment B. A victim's sexual history or behavior is immaterial to a sexual harassment claim. C. The severity of the violation is the only thing that can be a deciding factor Both A and B - ✔✔-Both A and B The Supreme Court has held that an employer is strictly liable for harassment by a supervisor if the harassing behavior culminates in a(n) ___________ employment action such as a termination or demotion. - ✔✔-Tangible An employer may be held liable for the actions of others which result in the creation of: - ✔✔-Quid pro quo and hostile work environment sexual harassment When a supervisor, within the scope of his or her employment, engages in sexual harassment: - ✔✔-The employer must answer for the bad behavior Employers can defend themselves by proving that 1) the employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement; and 2) the plaintiff unreasonably failed to take advantage of the preventative or corrective opportunities that the employer provided. What is this tactic called? - ✔✔-Ellerth/Faragher affirmative defense How has the Supreme Court defined a supervisor? - ✔✔-A managing employee who has power to take tangible employment actions against the victim Before the final passage of the Civil Rights Act of 1964, Virginia Democrat, Senator Howard W. Smith, inserted into the language of the legislation defining the class of persons protected under the antidiscrimination provisions of Title VII the word: - ✔✔-Sex Which of the following is NOT an element of a prima facie case for gender discrimination? *The employee is the protected class *The employee is qualified for the position *The employee suffers some adverse employment action *A person of the same gender received favorable employment action or the employer continues to look for applicants for the position. - ✔✔-A person of the same gender received favorable employment action or the employer continues to look for applicants for the position. Title VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees. What is the stipulation to this rule? - ✔✔-The application must be fair and reasonable When an employer classifies employees on the basis of gender, plus another characteristic, this is known as: - ✔✔-Gender Plus discrimination The prima facie case for gender plus discrimination based on family composition would not require the complaining workers to show which of the following? - ✔✔-Similarly situated workers of the same gender, with small children, are treated more favorably If the employer produces a legitimate business reason for the job action, under the _________________ formula, the burden shifts back to the employee to demonstrate that the employer's proffered reason is pretextual. - ✔✔-McDonnell Douglas The __________ prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. - ✔✔-Pregnancy Discrimination Act Employees on leave for pregnancy-related issues must be treated the same as other workers on leave. Which of the following is NOT an example of this [Show More]

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