WGU C233 Employment Law Questions and Correct Answers with Complete Solutions 100% Correct | 2024. /(Combined) WGU C233 Employment Law Quizzes 2024, 639 Questions and Correct Answers,

WGU C233 Employment Law Questions and Correct Answers with Complete Solutions 100% Correct | 2024. /(Combined) WGU C233 Employment Law Quizzes 2024, 639 Questions and Correct Answers, 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 industry-affecting 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 anti-discrimination 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