COMPREHENSIVE EXAMINATION TEST 2026
STUDY GUIDE WITH FULL ANSWERS
◍ Supremacy Clause - mandates that the constitution, federal law,
treaties and federal regulations are the highest laws of the land and have
priority over state law.
◍ Frolic and Detour - Employee's physical departure from the job in
order to further his/her own interests and not the employers.
◍ Dual Purpose Mission - Occurs when an employee conducts personal
and work business at the same time; subjecting the employer to the
employees actions
◍ Pregnancy Discrimination Act (PDA) - 1978; Prohibits employment
discrimination on the basis of pregnancy, childbirth, or related medical
conditions. Pregnant women must be treated in the same manner as other
applicants or employees with similar abilities or limitations. (possibly as
a temporarily disabled worker)
,◍ Equal Pay Act 1963 (EPA) - protects men and women who perform
substantially equal work in the same establishment from sex-based wage
discrimination
◍ Civil Rights Act of 1991 - allows for compensatory and punitive
damages for violations of Tytle VII
◍ Age Discrimination in Employment Act of 1967 (ADEA) - protects
individuals who are 40 years of age or older
◍ Americans with Disabilities Act of 1967 (ADA) - prohibits disability
discrimination in the private sector
◍ The Rehabilitation Act of 1991 - prohibits discrimination against
qualified individuals with disabilities who work in the federal
government
◍ Uniformed Services Employment and Re-employment Rights Act
(USERRA) - protects military personnel from employment
disctrimination
◍ Equal Employment Opportunity Commission (EEOC) - federal
agency created by the Civil Rights Act of 1964 and today enforces
federal anti-discrimination statutes, and provides oversight for all federal
equal opp standards in employment regulations
, ◍ Discriminatory Evidence - -Direct Evidence
-Comparative Evidence
-Bona Fide
-Pattern and Practice
◍ Direct Evidence - Real, clear evidence of discrimination that requires
no inference or consideration to prove existence
◍ Comparative Evidence - Two employees were similarly situated but
were treated differently merely because of class characteristic.
◍ Bona Fide Occupational Qualification (BFOQ) - A reasonable
employment qualification that an employer is allowed to consider when
making decisions about hiring and retaining employees
◍ Pattern and Practice - discrimination is where the employers policies
have the purpose or effect of segregation or assigning employees to
particular aspects of a business enterprise for no legitimate business
necessity
◍ Gender Plus Discrimination - results when an employer classifies
employees on a basis of gender, plus another characteristic-usually a
family-related circumstance