C233 Employment Law. Question well explained 2024.

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 Decisis Stare Decisis (precedent) - Answers"Let the decision stand"...courts generally follow the decisions of lower courts in similar cases that set a precedent Two corporations have combined their management and operations into a single place with 30 total employees. Which type of business relationship is formed that now requires both companies to comply with federal employment law? - Answersintegrated enterprise integrated enterprise - AnswersA business environment in which operations of two or more employers are so intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability. Limited Liability partnership - Answersa type of partnership in which all partners are limited partners 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, then a formal written warning." Which principle is demonstrated in the handbook? - AnswersImplied Contract Implied Contract - AnswersA contract that comes about simply from actions of the parties. No employee with a company has ever been terminated without strict adherence to the progressive discipline procedures outlined in the employee handbook.How does the employee handbook apply in this situation? - AnswersAn implied Contract with employees What determines employer liability under the respondeat superior doctrine? - AnswersScope of employment Which term indicates that an employer 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 Contract 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 human resources professional should ask to determine if this law applies to the employee? - AnswersDoes the employee meet the eligibility requirements? A women's shelter hires only women as intake specialists and is being sued for disparate treatment. Which role does human resources have in relation to the Equal Employment Opportunity Commission (EEOC) in this scenario? - Answersshowing bona fide occupational qualification Bona Fide Occupational Qualification (BFOQ) - Answersa necessary (not merely preferred) qualification for performing a job 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 workforce."Which type of discrimination is reflected in the scenario? - AnswersDisparate Treatment Disparate Treatment - Answersresults when employees from protected groups are intentionally treated differently An organization requires that job applicants have at least a bachelor's degree. Applicants in a protected class under Title VII claim that this requirement puts them at a disadvantage. Which rule determines whether there was substantial impact on the protected class? - AnswersFour- Fifths Rule Four-fiths rule - AnswersThe four-fifths rule prescribes that a selection rate for any group (classified by race, orientation or ethnicity) that is less than four-fifths of that for the group with the highest rate constitutes evidence of adverse impact (also called 'disparate impact'), that is, discriminatory effects on a protected group. Which practice is descriptive of a church requiring clergy to be of a particular denomination? - AnswersBona Fide Occupational Qualification hostile work environment - Answersa form of sexual harassment in which unwelcome and demeaning sexually related behavior creates an intimidating and offensive work environment reverse discrimination - AnswersDiscrimination against the majority group Which legislation prohibits discrimination based on physical limitations? - AnswersADA Americans with Disabilites Act Whose duty is it to suggest a reasonable accommodation that is not readily obvious? - AnswersEmployee Affirmative Action - AnswersA policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group. Undue Hardship - Answersan action or accommodation that is excessively costly, extensive, substantial, or disruptive, or fundamentally would alter the nature or operation of the business Disparate Treatment - Answersintentional discrimination Unwelcome Conduct - AnswersConduct that is not solicited by an employee and that a reasonable person would regard as offensive. Negligent retention - Answersoccurs when an employer becomes aware that an employee may be unfit for work but continues to employ the person, and the person injures someone