Employment Law C233,2024 question well performed.

Which constitutional provision mandates that federal regulations have priority over state law? - AnswersSupremacy Clause Which doctrine is used by U.S. courts to align current cases with prior legal decisions? - AnswersStare decis Two corporations have combined their management and operations into a single place with 30 employees. Which type of business relationship is formed that now requires both companies to comply with federal employment law? - AnswersIntegrated enterprise Which test is used to distinguish an independent contractor from an employee? - AnswersEconomic realities test The employee handbook used by a temporary employment agency stated, "Employees may not be terminated except after first receiving an oral warning, them a formal written warning". Which principle is demonstrated in the handbook? - AnswersImplied contract No employee with a company has ever been terminated without strict adherence to the progressive procedures outlined in the employ handbook. How does the employee handbook apply in this situation? - AnswersIt is an implied contract for employees. What determines employer liability under the respondent superior doctrine? - AnswersThe scope of employment Which term indicates that an employee may terminate an employee at any time, for any legal reason, without incurring liability? - AnswersEmployment at will Which type of employment contract is created by the actions of the employer and employee rather than through a formal contract negotiation? - AnswersImplied An employee claimed the need for special treatment based on Title VII of the Civil Rights Act of 1964. What is the first question a HR professional should ask to determine if this law applies to the employee? - AnswersDoes the employee meet the eligibility requirements? To which agency did Title VII give authority to conduct its own enforcement litigation? - AnswersEEOC A women's shelter hired only women as I take specialists and is being sued for disparate treatment. Which role does HR have in relation to the EEOC in this scenario? - AnswersShowing bona fide occupational qualification. A 65 year old woman was passed over for a job. When she inquired about this, the employer told her, "we're looking to create a younger workplace". What type of discrimination is reflected in this scenario? - AnswersDisparate treatment An org requires that job applicants have at least a bachelors degree. Applicants in a protected class under Title VII claim that this requirement puts them at a disadvantage. Which rule determines whether there was a substantial impact on the protected class? - AnswersFour-fifths rule What practice is descriptive of a church requiring clergy to be of a particle denomination? - AnswersBona fide occupational qualification A company sets a goal to hire 30% women in engineering jobs. A class action lawsuit alleges that this preference will result in denying jobs to otherwise qualified males. Which theory does this scenario illustrate from the male's perspective? - AnswersReverse discrimination A city has an opening for a firefighter. The department lists the essential job functions as being able to walk, run, lift, etc. An individual has applied but cannot run due to a former injury and is requesting a reasonable accommodation. What are the city's duties and responsibilities under the ADA act in relation to this individual? - AnswersThe city may reject as the applicant cannot perform the essential job duties. Whose duty is it to suggest a reasonable accommodation that is not readily obvious? - AnswersEmployee Which action demonstrates a goal of affirmative action? - AnswersCorrecting discriminatory practices Which employer action is a possible employer defense to a claim asserted under the ADEA? - AnswersEmploying fewer than 10 employee so the ADEA doesn't apply An employee requests a schedule change to accommodate his religious practices. According to Title VII, which action is considered an undue hardship for the employer? - AnswersMandating other employees change their schedules against their objections Which race discrimination claim can be based on an employers policy of racial animosity, steering assignments, or yielding the customer discriminatory preference? - AnswersDisparate treatment Which two types of conduct make a company liable for race-based harassment? - AnswersUnwelcome conduct Pervasive conduct An employee works for the US DOD, a public employer. To investigate allegations of misconduct, the employees supervisor conducts a search of the employees office. Which two standards must this search meet in order to satisfy constitutional requirements? - AnswersJustified at its start Limited in scope A gov agency wants to drug test its employees but it is concerned about legal ramification. Should the firm be concerned about legal challenges to its policy? - AnswersYes because the agency is a gov entity, the employees are protected from drug searches unless there is a reasonable suspicion Which circumstances allows the firm to take these actions without violation of the WARN act? - AnswersLayoffs due to severe unforeseen loss of capital Which penalty is imposed by the Immigration Reform and Control Act? - AnswersAn individual HR employee who failed to check a new workers eligibility to work in the US may face civil liability Which right does an employee relinquish in exchange for workers comp? - AnswersTo sue the employer in tort