WGU C233 EMPLOYMENT LAW 2026/2027 QUESTIONS
AND ANSWERS GUARANTEE A+
✔✔In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. Boca
Raton, 524 U.S. 775 (1998), the Supreme Court held that an employer may avoid
liability for supervisor harassment by proving affirmatively that:
The employer exercised reasonable care to prevent and correct the harassment -
through training and policy enforcement
The employee's claim did not seem urgent enough to warrant further investigation
The employee in question is not favored among employees and was not taken
seriously
The employer did not have the resources to solve the issue - ✔✔The employer
exercised reasonable care to prevent and correct the harassment - through training and
policy enforcement
"When a supervisor engaged in sexual harassment, the employer may, nevertheless,
raise an affirmative defense. In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998)
and Faragher v. Boca Raton, 524 U.S. 775 (1998), the Supreme Court held that an
employer may avoid liability for supervisor harassment by proving affirmatively that: 1)
the employer exercised reasonable care to prevent and correct the harassment -
through training and policy enforcement; and 2) the plaintiff unreasonably failed to take
advantage of the preventative or corrective opportunities that the employer provided.
This is often called the Ellerth/Faragher affirmative defense."
✔✔The risks to employers from sexual harassment claims is great, as plaintiffs may
claim up to _____________ in compensatory damages, ask for punitive damages, and
request jury trials.
$150,000
$500,000
$50,000
$300,000 - ✔✔$300,000
From the text, "The risks to employers from sexual harassment claims is great, as
plaintiffs may claim up to $300, 000 in compensatory damages, ask for punitive
damages, and request jury trials.
✔✔Which of the following is not a purpose or function of the law?
Prevent desirable, or promote undesirable, behavior
Determine procedures for changing the law
Facilitate for private arrangements between individuals
Settle private and public disputes - ✔✔Prevent desirable, or promote undesirable,
behavior
✔✔What is a precedent?
A controlling rule, example, or guide
,Reason a law is made
A group or person exempt from the laws
An exception to the rule - ✔✔A controlling rule, example, or guide
✔✔Which of the following laws has the least amount of power under the Supremacy
Clause?
State laws
The Constitution
Federal laws
Treaties and federal regulations - ✔✔State laws
✔✔Employee conduct which is reasonably relative to a job description and foreseeable
by the employer as part of that job description is referred to as:
Scope of employment
Employment characteristics
Respondeat superior
Dual purpose mission - ✔✔Scope of employment
✔✔In the scope of employment context, which of the following is an example of frolic
and detour?
An employee works from home for the day
An employee runs a work errand while off work
An employee runs an errand while on his/her lunch break
An employee runs a personal errand while driving to a meeting at a company branch
office - ✔✔An employee runs a personal errand while driving to a meeting at a company
branch office
✔✔Of the following classifications of worker, which causes the smallest obligation to the
employer?
Employee
Independent contractor
Union workers
Both independent contractor and employee - ✔✔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 independent contractor?
The working description test
The economic realities test
The IRS 20-factor analysis
The common law agency test - ✔✔The working description test
✔✔What is the main purpose of the economic realities test?
Determine if a business has enough economic freedom to hire and fire whomever it
deems necessary
, Determine whether the worker has little freedom to exit the relationship because he/she
is economically dependent on the business
Understand the pressure unions are putting on the cost of business
Discover if an organization can afford to hire more employees - ✔✔Determine whether
the worker has little freedom to exit the relationship because he/she is 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?
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 when, where, and how work is to be done?
Integration: How closely are the employer 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?
✔✔What is the definition of an employer?
A person who pays for the goods or services of another
An entity that employs another to work on his or her behalf for pay
An entity that produces goods and services
A person who works to provide a good or service for another - ✔✔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 be
considered the single employer for purposes of both federal statutory coverage and
liability. This is known as a(n):
Integrated enterprise
Conglomerate
Publicly traded company
Free standing business - ✔✔Integrated enterprise
✔✔Which of the following is not a qualification to fall under federal employment law
statutes?
An entity represents the employees of an employer
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's membership exceeds a certain number - ✔✔An entity is not engaged in an
industry-affecting commerce
✔✔Under the Employment-At-Will Doctrine, _______________.
An employer can hire whomever it wants for whatever reason it wants
Only federal employers can hire and fire employees at their own will
AND ANSWERS GUARANTEE A+
✔✔In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. Boca
Raton, 524 U.S. 775 (1998), the Supreme Court held that an employer may avoid
liability for supervisor harassment by proving affirmatively that:
The employer exercised reasonable care to prevent and correct the harassment -
through training and policy enforcement
The employee's claim did not seem urgent enough to warrant further investigation
The employee in question is not favored among employees and was not taken
seriously
The employer did not have the resources to solve the issue - ✔✔The employer
exercised reasonable care to prevent and correct the harassment - through training and
policy enforcement
"When a supervisor engaged in sexual harassment, the employer may, nevertheless,
raise an affirmative defense. In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998)
and Faragher v. Boca Raton, 524 U.S. 775 (1998), the Supreme Court held that an
employer may avoid liability for supervisor harassment by proving affirmatively that: 1)
the employer exercised reasonable care to prevent and correct the harassment -
through training and policy enforcement; and 2) the plaintiff unreasonably failed to take
advantage of the preventative or corrective opportunities that the employer provided.
This is often called the Ellerth/Faragher affirmative defense."
✔✔The risks to employers from sexual harassment claims is great, as plaintiffs may
claim up to _____________ in compensatory damages, ask for punitive damages, and
request jury trials.
$150,000
$500,000
$50,000
$300,000 - ✔✔$300,000
From the text, "The risks to employers from sexual harassment claims is great, as
plaintiffs may claim up to $300, 000 in compensatory damages, ask for punitive
damages, and request jury trials.
✔✔Which of the following is not a purpose or function of the law?
Prevent desirable, or promote undesirable, behavior
Determine procedures for changing the law
Facilitate for private arrangements between individuals
Settle private and public disputes - ✔✔Prevent desirable, or promote undesirable,
behavior
✔✔What is a precedent?
A controlling rule, example, or guide
,Reason a law is made
A group or person exempt from the laws
An exception to the rule - ✔✔A controlling rule, example, or guide
✔✔Which of the following laws has the least amount of power under the Supremacy
Clause?
State laws
The Constitution
Federal laws
Treaties and federal regulations - ✔✔State laws
✔✔Employee conduct which is reasonably relative to a job description and foreseeable
by the employer as part of that job description is referred to as:
Scope of employment
Employment characteristics
Respondeat superior
Dual purpose mission - ✔✔Scope of employment
✔✔In the scope of employment context, which of the following is an example of frolic
and detour?
An employee works from home for the day
An employee runs a work errand while off work
An employee runs an errand while on his/her lunch break
An employee runs a personal errand while driving to a meeting at a company branch
office - ✔✔An employee runs a personal errand while driving to a meeting at a company
branch office
✔✔Of the following classifications of worker, which causes the smallest obligation to the
employer?
Employee
Independent contractor
Union workers
Both independent contractor and employee - ✔✔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 independent contractor?
The working description test
The economic realities test
The IRS 20-factor analysis
The common law agency test - ✔✔The working description test
✔✔What is the main purpose of the economic realities test?
Determine if a business has enough economic freedom to hire and fire whomever it
deems necessary
, Determine whether the worker has little freedom to exit the relationship because he/she
is economically dependent on the business
Understand the pressure unions are putting on the cost of business
Discover if an organization can afford to hire more employees - ✔✔Determine whether
the worker has little freedom to exit the relationship because he/she is 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?
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 when, where, and how work is to be done?
Integration: How closely are the employer 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?
✔✔What is the definition of an employer?
A person who pays for the goods or services of another
An entity that employs another to work on his or her behalf for pay
An entity that produces goods and services
A person who works to provide a good or service for another - ✔✔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 be
considered the single employer for purposes of both federal statutory coverage and
liability. This is known as a(n):
Integrated enterprise
Conglomerate
Publicly traded company
Free standing business - ✔✔Integrated enterprise
✔✔Which of the following is not a qualification to fall under federal employment law
statutes?
An entity represents the employees of an employer
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's membership exceeds a certain number - ✔✔An entity is not engaged in an
industry-affecting commerce
✔✔Under the Employment-At-Will Doctrine, _______________.
An employer can hire whomever it wants for whatever reason it wants
Only federal employers can hire and fire employees at their own will
