D352 Employment and Labor Law 2025 COMPREHENSIVE EXAM QUESTIONS WITH VERIFIED AND 100% CORRECT ANSWERS

Agency relationship/agent - -A legal relationship where one person (the agent) acts on behalf of another (the principal). Assumption of risk - -Voluntarily accepting the potential dangers or consequences of a particular action or activity. Bona Fide Occupational Qualification (BFOQ) - -Legitimate job requirement necessary for the normal operation of a business. Business Necessity - -A legitimate and justifiable reason for an action taken by an employer in the course of business operations. Disability defined by ADA - -A physical or mental impairment that substantially limits one or more major life activities, as defined by the Americans with Disabilities Act (ADA). Key Employee defined by FMLA - -An employee who holds a crucial position within an organization, as defined by the Family and Medical Leave Act (FMLA). Common law - -Legal principles derived from court decisions and customs, rather than statutes. Defamation - -The act of making false statements that harm a person's reputation. Due Diligence - -The careful and thorough investigation or research conducted before entering into an agreement or transaction. Eavesdropping - -Secretly listening to someone's private conversation without their consent. Effort under the Equal Pay Act - -The level of exertion or work put forth by an employee, as evaluated for equal pay considerations under the Equal Pay Act. Election of remedies - -The choice between available legal options for resolving a dispute or claim. Equal Work for Equal Pay Act - -Principle stating that individuals should receive equal compensation for performing substantially similar work. Gender Plus Discrimination - -Discrimination based on both gender and additional factors such as marital status or parental status Intrusion Upon Seclusion - -Invasion of privacy by intentionally intruding upon someone's private affairs or seclusion. Key Employee under FMLA - -an employee who holds a critical position within an organization and is eligible for specific protections and benefits under the Family and Medical Leave Act (FMLA). Major Life Activity defined by ADA - -Basic activities such as walking, seeing, hearing, or learning, which may be limited by a disability under the Americans with Disabilities Act (ADA). Mixed Motive - -Decision or action influenced by both lawful and unlawful factors. Negligent Hiring - -Failure by an employer to exercise reasonable care in hiring employees, resulting in harm to others. Nonsuspect class - -A group of individuals not protected by specific antidiscrimination laws. Office of Federal Contract Compliance Programs (OFCCP) - -A federal agency responsible for ensuring that federal contractors and subcontractors comply with equal employment opportunity laws and regulations. Precedent - -A legal decision or ruling that serves as a guide or authority for future similar cases. Prima Facie Case - -The minimum evidence required to support a legal claim or assertion, establishing a rebuttable presumption of fact. Protected Heath Information (PHI) - -Personal health information protected by laws such as the Health Insurance Portability and Accountability Act (HIPAA). Race Norming - -Adjusting test scores or performance evaluations based on race or ethnicity, which can lead to discriminatory outcomes. Reasonable Accommodation - -Modifications or adjustments made by employers to enable individuals with disabilities to perform essential job functions, without causing undue hardship Reasonable Factor Other Than Age under ADEA - -A legitimate non-age-related reason for an employment decision, as allowed by the Age Discrimination in Employment Act (ADEA). Reasonable Person Standard - -A legal standard used to determine whether an individual's actions were reasonable in a given situation, based on how a hypothetical reasonable person would act under similar circumstances. Remedial affirmative action program - -Programs designed to address past discrimination or underrepresentation by promoting equal opportunities for historically disadvantaged groups. Responsibility under Equal Pay Act - -The obligation of employers to ensure equal pay for equal work, regardless of gender. Retaliation - -Adverse actions taken by an employer against an employee for engaging in protected activities, such as filing a discrimination complaint. Reverse Discrimination - -Discrimination against members of a majority or privileged group, rather than a minority or disadvantaged group. Scope of employment - -Activities performed by an employee within the course and scope of their job duties, for which the employer may be held liable. Serious health condition under FMLA - -A medical condition that requires inpatient care or ongoing treatment, as defined by the Family and Medical Leave Act (FMLA). Skill under Equal Pay Act - -The level of expertise or proficiency required to perform a job, as evaluated for equal pay considerations under the Equal Pay Act. Surveillance - -Monitoring or observation of individuals or activities, often for security or investigative purposes. Tort - -A civil wrong or injury, other than a breach of contract, for which the law provides a remedy. Undue Hardship - -Significant difficulty or expense imposed on an employer in accommodating an employee's disability, which may exempt the employer from certain legal obligations. Vicarious liability - -Legal responsibility imposed on one person or entity for the actions or negligence of another, based on a special relationship such as employer-employee. Working Conditions under Equal Pay Act - -The environment and circumstances in which employees perform their job duties, as evaluated for equal pay considerations under the Equal Pay Act. Bargaining unit - -A group of employees represented by a labor union for collective bargaining purposes. Closed shop - -A workplace where only union members are allowed to be hired. Collective bargaining - -Negotiations between employers and labor unions to determine terms and conditions of employment. Consent election - -An election conducted by the National Labor Relations Board (NLRB) to determine whether employees wish to be represented by a union, based on mutual agreement between the employer and union. Authorization cards - -Signed statements by employees indicating their desire to be represented by a labor union. Administrative Law Judge - -A judge who presides over hearings and adjudicates disputes in administrative agencies, such as the NLRB. Due process - -Fair treatment and procedural protections afforded to individuals under the law, including notice and opportunity to be heard. Economic strike - -A strike initiated by employees to protest working conditions or terms of employment. Ex parte proceeding - -Legal proceedings conducted with only one party present, typically at the request of that party. Free-riders with regards to bargaining units - -Employees who benefit from union representation without paying union dues or fees.