WGU D352 EMPLOYMENT AND LABOR
LAW EXPLORE 147 TIPS AND TRICKS FINAL
TEST 2026 QUESTIONS WITH CORRECT
ANSWERS GRADED A+
◍ Mixed Motive.
Answer: Decision or action influenced by both lawful and unlawful factors.
◍ Nonsuspect class.
Answer: a basis of discrimination, classification, or differential by
government action that is neutral with regard to race, color, gender, religion,
or national origin and that is related to legitimate government interests
◍ Closed shop.
Answer: A workplace where only union members are allowed to be hired.
◍ Railway Labor Act.
Answer: A federal law passed in 1926 which didn't allow railroad or airline
industries to strike, but allowed bargaining, arbitration, and mediation.
◍ Eavesdropping.
Answer: Secretly listening to someone's private conversation without their
consent.
◍ Labor Management Reporting & Disclosure Act (LMRDA).
Answer: Legislation that regulates the internal affairs of labor unions and
protects the rights of union members.
◍ Retaliatory demotion.
Answer: When compensation, job title, or responsibilities are adversely
impacted due to an employer or third party's malicious retaliatory action,
stemming from whistleblowing or other employee action
,◍ The employer's duty to bargain in good faith includes an affirmative
obligation to supply the union with information that is ______________ for
the union to bargain intelligently and effectively..
Answer: relevant and necessary
◍ Which significant change did the National Labor Relations Board undergo
as a result of the Taft-Hartley Act?.
Answer: The Office of the General Counsel became an independent entity.
◍ For qualified privilege to exist, what must also be true.
Answer: The statement must be made in good faith.The statement must be
on a subject matter in which the person making it has an interest, or in
reference to which he/she has a duty. There must be a clear reason why the
statement made was not defamatory. There cannot be actual malice behind
the statement. The recipient must have an interest or apparent interest in
having information on some subject.The matter must be published to the
recipient in the course of giving to the recipient information on that subject.
◍ Which race discrimination claim can be based on an employer’s policy of
racial animosity, steering assignments or yielding to customer
discriminatory preference?.
Answer: Disparate treatment
◍ prima facie case.
Answer: A case in which the plaintiff has produced sufficient evidence of
his or her claim that the case will be decided for the plaintiff unless the
defendant produces evidence to rebut it.
◍ Due Diligence.
Answer: the attention reasonably expected from, and ordinarily exercised
by, a person who seeks to satisfy a legal requirement or to discharge an
obligation.
◍ An independent contractor doing plumbing work for a construction
company went to the union to complain about a warning their supervisor
gave them. The union representative understood why they were upset but
, said that they could not help. Why was the contractor denied assistance?.
Answer: They were not part of the bargaining unit.
◍ Plant Closing under WARN.
Answer: The permanent or temporary shutdown of a single site of
employment, or the permanent or temporary shutdown of one or more
facilities or operating units within a single site of employment, resulting in
an employment loss for a specified number of employees.
◍ A transportation company tried to make new employees sign an agreement
that they would not participate in union activities if they were approached. A
new employee refused to sign it and the company rescinded the job offer.
The employee sued, and the employer lost as this type of agreement is
illegal to enforce.How should this employer respond to comply with the
Norris-LaGuardia Act?.
Answer: Prohibit the use of yellow-dog contracts in hiring
◍ Disability defined by ADA.
Answer: A physical or mental impairment that substantially limits one or
more major life activities, as defined by the Americans with Disabilities Act
(ADA).
◍ Bookmark question for laterAny effort of an employer to co-opt the union
by sponsoring activities, providing for union expenses, offering perks to
union elites, or seeking the election of a particular worker to a union
position constitutes a(n):.
Answer: unfair labor practice
◍ Uniformed Services Employment and Re-Employment Rights Act
(USERRA).
Answer: A federal law that protects the employment rights of individuals
who serve or have served in the uniformed services, including the military.
◍ Which type of consent must an employer have before obtaining a consumer
credit report on a job applicant or employee?.
Answer: Written
LAW EXPLORE 147 TIPS AND TRICKS FINAL
TEST 2026 QUESTIONS WITH CORRECT
ANSWERS GRADED A+
◍ Mixed Motive.
Answer: Decision or action influenced by both lawful and unlawful factors.
◍ Nonsuspect class.
Answer: a basis of discrimination, classification, or differential by
government action that is neutral with regard to race, color, gender, religion,
or national origin and that is related to legitimate government interests
◍ Closed shop.
Answer: A workplace where only union members are allowed to be hired.
◍ Railway Labor Act.
Answer: A federal law passed in 1926 which didn't allow railroad or airline
industries to strike, but allowed bargaining, arbitration, and mediation.
◍ Eavesdropping.
Answer: Secretly listening to someone's private conversation without their
consent.
◍ Labor Management Reporting & Disclosure Act (LMRDA).
Answer: Legislation that regulates the internal affairs of labor unions and
protects the rights of union members.
◍ Retaliatory demotion.
Answer: When compensation, job title, or responsibilities are adversely
impacted due to an employer or third party's malicious retaliatory action,
stemming from whistleblowing or other employee action
,◍ The employer's duty to bargain in good faith includes an affirmative
obligation to supply the union with information that is ______________ for
the union to bargain intelligently and effectively..
Answer: relevant and necessary
◍ Which significant change did the National Labor Relations Board undergo
as a result of the Taft-Hartley Act?.
Answer: The Office of the General Counsel became an independent entity.
◍ For qualified privilege to exist, what must also be true.
Answer: The statement must be made in good faith.The statement must be
on a subject matter in which the person making it has an interest, or in
reference to which he/she has a duty. There must be a clear reason why the
statement made was not defamatory. There cannot be actual malice behind
the statement. The recipient must have an interest or apparent interest in
having information on some subject.The matter must be published to the
recipient in the course of giving to the recipient information on that subject.
◍ Which race discrimination claim can be based on an employer’s policy of
racial animosity, steering assignments or yielding to customer
discriminatory preference?.
Answer: Disparate treatment
◍ prima facie case.
Answer: A case in which the plaintiff has produced sufficient evidence of
his or her claim that the case will be decided for the plaintiff unless the
defendant produces evidence to rebut it.
◍ Due Diligence.
Answer: the attention reasonably expected from, and ordinarily exercised
by, a person who seeks to satisfy a legal requirement or to discharge an
obligation.
◍ An independent contractor doing plumbing work for a construction
company went to the union to complain about a warning their supervisor
gave them. The union representative understood why they were upset but
, said that they could not help. Why was the contractor denied assistance?.
Answer: They were not part of the bargaining unit.
◍ Plant Closing under WARN.
Answer: The permanent or temporary shutdown of a single site of
employment, or the permanent or temporary shutdown of one or more
facilities or operating units within a single site of employment, resulting in
an employment loss for a specified number of employees.
◍ A transportation company tried to make new employees sign an agreement
that they would not participate in union activities if they were approached. A
new employee refused to sign it and the company rescinded the job offer.
The employee sued, and the employer lost as this type of agreement is
illegal to enforce.How should this employer respond to comply with the
Norris-LaGuardia Act?.
Answer: Prohibit the use of yellow-dog contracts in hiring
◍ Disability defined by ADA.
Answer: A physical or mental impairment that substantially limits one or
more major life activities, as defined by the Americans with Disabilities Act
(ADA).
◍ Bookmark question for laterAny effort of an employer to co-opt the union
by sponsoring activities, providing for union expenses, offering perks to
union elites, or seeking the election of a particular worker to a union
position constitutes a(n):.
Answer: unfair labor practice
◍ Uniformed Services Employment and Re-Employment Rights Act
(USERRA).
Answer: A federal law that protects the employment rights of individuals
who serve or have served in the uniformed services, including the military.
◍ Which type of consent must an employer have before obtaining a consumer
credit report on a job applicant or employee?.
Answer: Written
