WGU C233 EMPLOYMENT LAW NEWEST TEST FINAL
EXAM 2026 STUDY QUESTIONS WITH CORRECT VERIFIED
ANSWERS 100% GUARANTEED PASS | RATED A+
What type of strike or protest does this action represent: During the collective bargaining
process, the union and management cannot agree to terms related to shift premiums -
Answer>>> During the collective bargaining process, the union and management cannot agree to
terms related to shift premiums - Impasse
How can an employer protect itself against a wrongful termination, termination based on
discrimination, or retaliation claim? - Answer>>> The employer must be very careful to avoid a
claim that termination was motivated by retaliation. However, if an employee deserves
termination, the employee's failings have been adequately documented, and all progressive
discipline steps been unsuccessful, then the employer is justified in terminating the employee.
A method of testing for an employer to measure an employee's heart, respiratory, and skin
reactions while he or she is asked a serious of questions in order to determine if he or she is
lying. - Answer>>> Polygraph Testing
The predominant rule governing employer-employee relations that states that an employer may
terminate an employee at any time, for any legal reason, without incurring liability. - Answer>>>
Employment-at-will Doctrine
Performance management tool designed to modify employee behavior by using a set of
increasingly severe discipline steps, with consequences, that hold the employee responsible. -
Answer>>> Progressive Discipline
A single site of employment that is permanently or temporarily shut down for 6 months, or with
a 50% reduction in hours over a 6-month period, and impacts 50 or more full-time employees for
a 30-day period. - Answer>>> Plant Closing
Second step in a disciplinary process, which advises an employee that work behavior must
change, lays out steps that have already been taken to advise the employee of the deficit, and
,describes steps that need to be taken to improve performance and remain employed. -
Answer>>> First Written Warning
The simplest and most common way of estimating adverse impact by ruling a screening device
as discriminatory if its selection rates of a protected class are less than 80% of the majority. -
Answer>>> Four-fifths Rule
A statement issued to an applicant from an employer that discloses negative information found
and information about his or her rights. - Answer>>> Pre-adverse Action
A type of tort in which an employer negligently or intentionally discloses an employee's private
information. - Answer>>> Public Disclosure of Private Facts
In common law, an injured employee could make a tort claim against an employer for negligence
if the employer's breach of the duty to provide a safe workplace caused the worker's injury.
However, three employer defenses severely limit the relief an injured worker could obtain. These
are: - Answer>>> Contributory negligence-the worker's errant conduct that contributes to the
injury
Assumption of the risk-the worker knew and accepted the risk of potential injury; and
Fellow servant rule-another employee, not the employer, caused the injury.
Additionally, there were no national safety standards for the workplace, so work safety
regulations and remedies to injured workers were uneven.
The WARN allows for an employer to escape the notice requirements if: - Answer>>> The plant
shutdown or layoffs are due to a natural disaster
The firm experiences a severe and unforeseen loss of capital
When the company is faltering and giving notice would prevent obtaining capital to continue
operations
Describe and give examples of the following type of employment contracts: Union Contract -
Answer>>> Contracts and union collective bargaining agreements may lessen the brunt of the at-
will doctrine by providing for specific terms of employment or termination only for cause - poor
employee performance or misconduct - or economic exigencies.
,Explain employer's use of E-verify and how it ascertains worker eligibility - Answer>>> E-
Verify is an internet-based system operated by the federal government which allows an employer
to determine the eligibility of an employee to work in the United States using information
reported on that employee's Form I-9, Employment Eligibility Verification.
What are qualifying events for FMLA leave? - Answer>>> A qualifying event is:
Birth, adoption, or placement of a new foster child
A serious health condition of the employee, or the employee's spouse, son, daughter, or parent.
Other family obligations are not covered. The FMLA applies to both men and women. In 2010,
the leave provisions were expanded to include de facto parents of seriously ill children.
What period of leave is allowed under FMLA provisions? - Answer>>> Under the FMLA
provisions, an employee is entitled to twelve weeks annual unpaid leave if the employee has
worked for the firm for 1,250 hours in the twelve months prior to taking leave, experiences a
qualifying event, and provides timely notice to the employer. A 2008 amendment allowed for a
twenty-six week period of leave for qualifying family members of a veteran seriously injured in
the line of duty.
WARN requires employers with over - Answer>>> 100 employees to provide detailed written
advance notification of plant closings and mass layoffs to affected employees, union bargaining
units, and state and local government officials at least 60 days prior to the closing. Employers are
prohibited from plant closings or mass layoffs until the end of the 60-day notice period.
In a retaliation referral claim, a former employee must show that - Answer>>> the negative
referral provided by the former employer was in response to an employee's claims of
discrimination or acts of whistleblowing. The U.S. Supreme Court held that the term
"employees" as used in the retaliation section of Title VII extends to former employees.
According to a survey done by Salary.com, some 90 percent of employee performance appraisals
- Answer>>> were inadequate.1
Esterquest v. Booz, Allen & Hamilton - Answer>>> - case involving disparate treatment
discrimination arising out of performance appraisals actually involving a lack of appraisals.
, - a woman lawyer in a prestigious New York City law firm was able to show that over a twelve-
year period she received, after repeated requests, only one performance appraisal before she was
terminated, while during the same time period two younger male counterparts each received nine
appraisals. Moreover, the sole appraisal Esterquest received did not include a plan for
remediation of her performance deficiencies or a path to promotion, which was included in other
employee's evaluations. Under these circumstances she was able to show age and gender
discrimination.
The IRCA prohibits employers from discriminating in employment on the basis of nation of
origin or citizenship, with some exceptions. Unlike Title VII, the IRCA does allow an employer
to discriminate in favor of a citizen over a legal alien when both are equally qualified. There are
two bona fide occupational qualifications which come into play under IRCA: - Answer>>>
Citizenship for specific federal jobs and public policy functions
English proficiency to the standard necessary to carry out essential business operations
United Steelworkers v. Weber, 443 U.S. 193 (1979); Johnson v. Santa Clara County
Transportation Agency 480 U.S. 616 (1987) - Answer>>> - the Supreme Court has provided
some leeway in using race and gender in employment decisions without invoking reverse
discrimination. For example, in voluntary affirmative action plans, private employers may
lawfully use race and gender in employment decisions where there has been a historical
"manifest imbalance" in the workplace when that effort is limited in duration and scope and
when it is not a quota system
Schuette v. Coalition to Defend Affirmative Action, __ U.S. __(2014) - Answer>>> - reverse
discrimination suit
- the Supreme Court upheld Michigan's voter-approved Proposal 2, which made unlawful any
discrimination or preferential treatment based upon a class characteristic in public education,
government contracting, and public employment. This had the specific effect of undoing
Michigan's university admissions rubrics, which allowed for consideration of race and gender in
evaluating college applications. The general effect of this was to put into question whether other
university applications systems nationwide, which allow for preferences, are valid
EXAM 2026 STUDY QUESTIONS WITH CORRECT VERIFIED
ANSWERS 100% GUARANTEED PASS | RATED A+
What type of strike or protest does this action represent: During the collective bargaining
process, the union and management cannot agree to terms related to shift premiums -
Answer>>> During the collective bargaining process, the union and management cannot agree to
terms related to shift premiums - Impasse
How can an employer protect itself against a wrongful termination, termination based on
discrimination, or retaliation claim? - Answer>>> The employer must be very careful to avoid a
claim that termination was motivated by retaliation. However, if an employee deserves
termination, the employee's failings have been adequately documented, and all progressive
discipline steps been unsuccessful, then the employer is justified in terminating the employee.
A method of testing for an employer to measure an employee's heart, respiratory, and skin
reactions while he or she is asked a serious of questions in order to determine if he or she is
lying. - Answer>>> Polygraph Testing
The predominant rule governing employer-employee relations that states that an employer may
terminate an employee at any time, for any legal reason, without incurring liability. - Answer>>>
Employment-at-will Doctrine
Performance management tool designed to modify employee behavior by using a set of
increasingly severe discipline steps, with consequences, that hold the employee responsible. -
Answer>>> Progressive Discipline
A single site of employment that is permanently or temporarily shut down for 6 months, or with
a 50% reduction in hours over a 6-month period, and impacts 50 or more full-time employees for
a 30-day period. - Answer>>> Plant Closing
Second step in a disciplinary process, which advises an employee that work behavior must
change, lays out steps that have already been taken to advise the employee of the deficit, and
,describes steps that need to be taken to improve performance and remain employed. -
Answer>>> First Written Warning
The simplest and most common way of estimating adverse impact by ruling a screening device
as discriminatory if its selection rates of a protected class are less than 80% of the majority. -
Answer>>> Four-fifths Rule
A statement issued to an applicant from an employer that discloses negative information found
and information about his or her rights. - Answer>>> Pre-adverse Action
A type of tort in which an employer negligently or intentionally discloses an employee's private
information. - Answer>>> Public Disclosure of Private Facts
In common law, an injured employee could make a tort claim against an employer for negligence
if the employer's breach of the duty to provide a safe workplace caused the worker's injury.
However, three employer defenses severely limit the relief an injured worker could obtain. These
are: - Answer>>> Contributory negligence-the worker's errant conduct that contributes to the
injury
Assumption of the risk-the worker knew and accepted the risk of potential injury; and
Fellow servant rule-another employee, not the employer, caused the injury.
Additionally, there were no national safety standards for the workplace, so work safety
regulations and remedies to injured workers were uneven.
The WARN allows for an employer to escape the notice requirements if: - Answer>>> The plant
shutdown or layoffs are due to a natural disaster
The firm experiences a severe and unforeseen loss of capital
When the company is faltering and giving notice would prevent obtaining capital to continue
operations
Describe and give examples of the following type of employment contracts: Union Contract -
Answer>>> Contracts and union collective bargaining agreements may lessen the brunt of the at-
will doctrine by providing for specific terms of employment or termination only for cause - poor
employee performance or misconduct - or economic exigencies.
,Explain employer's use of E-verify and how it ascertains worker eligibility - Answer>>> E-
Verify is an internet-based system operated by the federal government which allows an employer
to determine the eligibility of an employee to work in the United States using information
reported on that employee's Form I-9, Employment Eligibility Verification.
What are qualifying events for FMLA leave? - Answer>>> A qualifying event is:
Birth, adoption, or placement of a new foster child
A serious health condition of the employee, or the employee's spouse, son, daughter, or parent.
Other family obligations are not covered. The FMLA applies to both men and women. In 2010,
the leave provisions were expanded to include de facto parents of seriously ill children.
What period of leave is allowed under FMLA provisions? - Answer>>> Under the FMLA
provisions, an employee is entitled to twelve weeks annual unpaid leave if the employee has
worked for the firm for 1,250 hours in the twelve months prior to taking leave, experiences a
qualifying event, and provides timely notice to the employer. A 2008 amendment allowed for a
twenty-six week period of leave for qualifying family members of a veteran seriously injured in
the line of duty.
WARN requires employers with over - Answer>>> 100 employees to provide detailed written
advance notification of plant closings and mass layoffs to affected employees, union bargaining
units, and state and local government officials at least 60 days prior to the closing. Employers are
prohibited from plant closings or mass layoffs until the end of the 60-day notice period.
In a retaliation referral claim, a former employee must show that - Answer>>> the negative
referral provided by the former employer was in response to an employee's claims of
discrimination or acts of whistleblowing. The U.S. Supreme Court held that the term
"employees" as used in the retaliation section of Title VII extends to former employees.
According to a survey done by Salary.com, some 90 percent of employee performance appraisals
- Answer>>> were inadequate.1
Esterquest v. Booz, Allen & Hamilton - Answer>>> - case involving disparate treatment
discrimination arising out of performance appraisals actually involving a lack of appraisals.
, - a woman lawyer in a prestigious New York City law firm was able to show that over a twelve-
year period she received, after repeated requests, only one performance appraisal before she was
terminated, while during the same time period two younger male counterparts each received nine
appraisals. Moreover, the sole appraisal Esterquest received did not include a plan for
remediation of her performance deficiencies or a path to promotion, which was included in other
employee's evaluations. Under these circumstances she was able to show age and gender
discrimination.
The IRCA prohibits employers from discriminating in employment on the basis of nation of
origin or citizenship, with some exceptions. Unlike Title VII, the IRCA does allow an employer
to discriminate in favor of a citizen over a legal alien when both are equally qualified. There are
two bona fide occupational qualifications which come into play under IRCA: - Answer>>>
Citizenship for specific federal jobs and public policy functions
English proficiency to the standard necessary to carry out essential business operations
United Steelworkers v. Weber, 443 U.S. 193 (1979); Johnson v. Santa Clara County
Transportation Agency 480 U.S. 616 (1987) - Answer>>> - the Supreme Court has provided
some leeway in using race and gender in employment decisions without invoking reverse
discrimination. For example, in voluntary affirmative action plans, private employers may
lawfully use race and gender in employment decisions where there has been a historical
"manifest imbalance" in the workplace when that effort is limited in duration and scope and
when it is not a quota system
Schuette v. Coalition to Defend Affirmative Action, __ U.S. __(2014) - Answer>>> - reverse
discrimination suit
- the Supreme Court upheld Michigan's voter-approved Proposal 2, which made unlawful any
discrimination or preferential treatment based upon a class characteristic in public education,
government contracting, and public employment. This had the specific effect of undoing
Michigan's university admissions rubrics, which allowed for consideration of race and gender in
evaluating college applications. The general effect of this was to put into question whether other
university applications systems nationwide, which allow for preferences, are valid
