WGU Employment Law - C233 Exam Questions with answers, 100% Accurate

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WGU Employment Law - C233 Exam Questions with answers, 100% Accurate A controlling rule, example, or guide - ✔✔-What is a precedent? The power of the Supreme Court to consider whether a law co... mports with the Constitution - ✔✔-What is a judicial review? Independent Contractor - ✔✔-Of the following classifications of worker, which causes the smallest obligation to the employer? 1) the IRS 20-factor analysis; 2) the economic realities test; and, 3) the common law agency test. - ✔✔-There are three different tests commonly used to determine if a worker is an employee or independent contractor: Determine whether the worker has little freedom to exit the relationship because he/she is economically dependent on the business - ✔✔-What is the main purpose of the economic realities test? Relationship: How many hours per year do the employee and employer spend time together outside of work? - ✔✔-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? Integrated enterprise - ✔✔-Operations of two or more employers are considered so intertwined that they can be considered the single employer for purposes of both federal statutory coverage and liability. This is known as a(n): An entity is not engaged in an industry-affecting commerce - ✔✔-Which of the following is not a qualification to fall under federal employment law statutes? Economic sustainability - ✔✔-Which of the following is not a recognized exception to at-will doctrine under the common law? Retalitory discharge - ✔✔-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 Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he/she had any other option but to quit - ✔✔-What is the doctrince of Constructive Discharge? Intentional interference with a contract - ✔✔-When a third party, perhaps a co-worker or client, pressures the employer to terminate an employee without cause, it is referred to as: Montana Wrongful Discharge From Employment Act - ✔✔-_____________ prohibits termination for 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. The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws - ✔✔-What did the U.S.C. Section 1981 provide to all citizens, including those of African descent? 1 year - ✔✔-How long does the application Title VII continue after a firm has reached a critical mass of 15 employees? Equal Employment Opportunity Act - ✔✔-In 1972, Congress amended Title VII, by passing the _______________________ which give the EEOC authority to conduct its own enforcement litigation. Private sector - ✔✔-Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) and its 2008 Amendments (ADAAA) prohibit disability discrimination in the: Discriminatory intent - ✔✔-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 __________. Pattern and Practice Discrimination - ✔✔-An employer may claim that 50 percent of employees are nonwhite minorities or women. However, if the minority employees or women are concentrated in low paying positions, and all the white employees hold high paying managerial positions, this would be best described as: Changing time schedules for individuals because of religious conflict - ✔✔-Which of the following is not an unlawful practice under Title VII: Giggs vs Duke Power - ✔✔-The seminal case establishing the concept of disparate impact is: Disparate Impact - ✔✔-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 treatment - ✔✔-Disparate impact affects a particular class, while _______________ targets an individual. Height and weight restrictions - gender/national origin Language requirements - national origin Physical strength tests - gender Educational requirements - race Dress codes - gender/religion No beard policies - gender/race/national origin/religion - ✔✔-Examples of facially neutral polices and protected classes impacted might include: 80 - ✔✔-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. The complaining party was previously employed by the employer in question - ✔✔-Which of the following is not something a complaining party must show in a case of pretext? McDonnell Douglas, Corp. v. Green case - ✔✔-In the _______________, the U.S. Supreme court remanded the matter to the lower court to conduct a hearing under the prima facie standards it established. class - ✔✔-Unlike disparate treatment based upon __________ characteristics, retaliation involves adverse job action based upon an employee's lawful actions. 2 years - ✔✔-Money awards may take the form of back pay for up to ________, for the time an employee was not working, Punitive damages - ✔✔-_______________ are rarely available, as the plaintiff must show the employer acted with malicious or reckless indifference to a person's federally-protected employment rights. Designed to punish employer. Sex - ✔✔-efore 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 anti-discrimination provisions of Title VII the word: A person of the same gender received favorable employment action or the employer continues to look for applicants for the position. - ✔✔-Which of the following is not an element of a prima facie case for gender discrimination? 1) the employee is the protected class; 2) the employee is qualified for the position; 3) the employee suffers some adverse employment action; and 4) a person of opposite gender received favorable employment action or the employer continues to look for applicants for the position. - ✔✔-The full list of elements for a prima facie case include: The application must be fair and reasonable - ✔✔-Title VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees. What is the stipulation to this rule? Similarly situated workers of the same gender, with small children, are treated more favorably - ✔✔-The prima facie case for gender plus discrimination based on family composition would not require the complaining workers to show which of the following? McDonnell Douglas - ✔✔-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. 1. The stated reason is not true 2. The stated reason is true, but was not a "motivating factor" 3. The reason was a factor, but not sufficient to justify the job action" - ✔✔-From the text, "Once the plaintiff proves these things, the burden then shifts to the employer to produce a lawful motive for the adverse employment action. Then the burden shifts back to the claimant to rebut the employer's justification, by showing: Pregnancy Discrimination Act (PDA) - ✔✔-In 1978, Congress enacted amendments to Title VII, known as the ________________. The _____ prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. Promotions to management - ✔✔-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? EPA - Equal Pay Act - ✔✔-Employers may not use gender as the basis for pay considerations on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. What protects this? 1. Working in the same place 2. Doing equal work - sufficient commonality of tasks and responsibilities 3. Receiving different and unequal pay - ✔✔-To make a claim of discrimination under the Equal Pay Act - the prima facie case - an employee must show that two employees of the opposite gender are: Gender Harassment - ✔✔-Which of the following is always involved in a case of sexual harassment? Tangible job - ✔✔-While the facts of such cases are always subject to personal interpretation, is it often more clear when quid pro quo sexual harassment occurs because there is traceable __________ action. An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee's work performance - ✔✔-Which of the following is considered an example of hostile working environment sexual harassment? A victim's sexual history or behavior is immaterial to a sexual harassment claim - ✔✔-What was the court's ruling in the Meritor case regarding the claimant's past sexual history? $300,000 - ✔✔-The risks to employers from sexual harassment claims is great, as plaintiffs may claim up to _____________ in compensatory damages, ask for punitive damages, and request jury trials. Age Discrimination in Employment Act - ✔✔-Employment policies made it difficult for older workers to retain employment and find new employment after termination. In response, Congress passed the: 20 - ✔✔-The ADEA applies to public and private employers and unions with more than _______ employees. Over 40 - ✔✔-How old must an employee be to claim age discrimination under the ADEA? The many factors which come into play in discrimination cases - ✔✔-In age discrimination, what is the meaning of a mixed motive? BFOQ (Bona Fide Occupational Qualification) - ✔✔-This defense is usually related to public safety. Courts have found that in employment which involves the public safety - bus drivers, pilots, police, and fire fighters - a __________ defense can stand. reasonable accommodation - ✔✔-Under the ADEA, there is no _______________ for age. Moreover, the condition of being over 40 is not a disability. the condition of being 40 years of age and older is not a disability - ✔✔-From the text, "Under the ADEA, there is no "reasonable accommodation" for age. Moreover, _______________." RFOA - ✔✔-The EEOC states that an "employment practice is based on a _______ when it was reasonably designed and administered to achieve a legitimate business purpose in light of the circumstances, including its potential harm to older workers." an employee shows that a facially-neutral company policy has a negative effect on employees covered by the ADEA - ✔✔-"Age discrimination may also be established when _______________. The employer defense to disparate impact claims is that a reasonable factor other than age (RFOA) prompted the employment practice." Even if the practice did have a disparate impact on older employees, the employer could show that the practice was based on a RFOA - ✔✔-A nursing home decided to reduce costs by terminating its highestpaid and least-productive employees. To ensure that supervisors accurately assessed productivity and did not base evaluations on stereotypes, the employer instructed supervisors to evaluate productivity in light of objective factors such as the number of patients served, errors attributed to the employee, and patient outcomes. Which of the following is true of this example? When a firm eliminates one or more positions as part of a strategic business plan to realign operations and/or reduce costs - ✔✔-In general employment terms, what is a reduction in force (RIF)? 1) used as an opportunity to eliminate older workers; 2) based upon subjective criteria; or 3) employed as a pretext to avoid ADEA concerns. - ✔✔-Courts will find a RIF plan discriminatory if downsizing is: Not in violation of the ADEA - ✔✔-The Supreme Court in Hazen Paper Co. v. Biggins held that a paper company's decision to terminate an employee because his pension was about to "vest" was: age and seniority are "analytically distinct" from each other in the ADEA context - ✔✔-The Supreme Court in Hazen Paper Co. v. Biggins, 507 U.S. 604, held that _______________. age stereotypes - ✔✔-The ADEA was designed to eliminate practices based upon the negative and unsupported _______________ of reduced performance and competence. To protect older workers from potential abuse and to prevent circumvention of ADEA antidiscrimination protections - ✔✔-What is the purpose of the Older Worker Benefit Protection Act? OWBPA (Older Workers Benefit Protection Act) - ✔✔-Under __________ provisions, employers may offer retirement incentives to older workers as long as the terms and restrictions of the incentives are fully explained and assurances given that another more favorable plan will not be imminently forthcoming. ADEA waivers - ✔✔-In exchang [Show More]

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