WGU C233 Employment Law, Exam Questions with accurate answers, rated A+

WGU C233 Employment Law, Exam Questions with accurate answers, rated A+ Employing fewer than 10 employees so the ADEA does not apply - -Which employer action is a possible employer defense to a claim asserted under the federal Age Discrimination in Employment Act (ADEA)? Integrated enterprise - -Two corporations have combined their management and operations into a single place with 30 total employees. Which type of business relationship is formed that now requires both companies to comply with federal employment law? Does the employee meet the eligibility requirements? - -An employee claimed the need for special treatment based on Title VII of the Civil Rights Act of 1964. What is the first question a human resources professional should ask to determine if this law applies to the employee? Economic realities test - -Which test is used to distinguish an independent contractor from an employee? Pervasive conduct Unwelcome conduct - -Which two types of conduct make a company liable for race-based harassment? Yes. Because the agency is a government entity, the employees are protected from drug searches unless there is reasonable suspicion that they are engaged in drug use. - -A government agency wants to drug test its employees, but it is concerned about legal ramifications of possible privacy concerns regarding its testing. To address these concerns, the firm conducts pre-employment drug screening and random drug testing of employees each quarter. Should the firm be concerned about legal challenges to its policy? Medical records - -Which type of information is covered by the Fair Credit Reporting Act? An individual HR employee who fails to check a new worker's eligibility to work in the United States may face civil liability. - -Which penalty is imposed by the Immigration Reform and Control Act? Layoffs due to a severe unforeseen loss of capital - -A manufacturing firm with 370 employees plans to close one of its plants and lay off 56 employees. To facilitate the plant closure and allow its employees time to seek other employment, the firm gives the employees 40 days' notice of the impending closure. Because of financial troubles, the firm is not providing severance packages. Which circumstance allows the firm to take these actions without violating the Worker Adjustment Retraining Notification (WARN) Act? Judicial authority Executive authority Rule-making authority - -Which three types of statutory authority does the National Labor Relations Board (NLRB) have? Provide the NLRB with contact information of workers eligible to vote in the election - -What are the employer's responsibilities after the National Labor Relations Board (NLRB) has authorized a union election? The union may call a strike. The employer may lock out the union workers. Either party may resume discussions with the other. - -Which three outcomes are legally possible if parties cannot resolve one or more mandatory issues during collective bargaining negotiations and reach a deadlock? The Federal Mediation and Conciliation Service must be notified. - -After good faith negotiations, an employer and a labor union cannot resolve an issue and have reached an impasse. What does the National Labor Relations Act (NLRA) require in this situation? requiring workers to work more than eight hours per day or more than forty hours per week. This is not so. The FLSA does require that overtime be paid, and that it is earned on a weekly, not daily, basis. - -There is a misconception that the FLSA prevents employers from continual training requirement Under this requirement, employers are required to provide training to workers on a periodic basis and whenever an employee is hired or transferred to a new job assignment. - -The ______________ is the most frequently violated OSHA regulation. 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. - -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: 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 - -The WARN allows for an employer to escape the notice requirements if: 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. - -WARN requires employers with over 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. - -In a retaliation referral claim, a former employee must show that were inadequate.1 - -According to a survey done by S, some 90 percent of employee performance appraisals - 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. - -Esterquest v. Booz, Allen & Hamilton Citizenship for specific federal jobs and public policy functions English proficiency to the standard necessary to carry out essential business operations - -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: - 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 - -United Steelworkers v. Weber, 443 U.S. 193 (1979); Johnson v. Santa Clara County Transportation Agency 480 U.S. 616 (1987) - 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 - -Schuette v. Coalition to Defend Affirmative Action, __ U.S. __(2014) - candidates for firefighting positions in New Haven, which was seeking to promote the hiring of non-white firefighters, were required to complete a validated qualification test. When the test revealed that non-white applicants did not perform as well as white candidates, the city threw out the test as a qualifying mechanism and started the hiring process anew. - The Supreme Court held that New Haven had violated Title VII because the test was valid and the decision not to use it was "race-conscious." - -Ricci v. DeStefano, 557 U.S. 557 (2009) - a white medical school applicant challenged the University of California at Davis' policy of setting aside 16% of admission spots for "disadvantaged" minority applicants who could also compete in the standard applicant pool. Mr. Bakke was qualified to be admitted, and he argued that the strict 16% standard was an impermissible quota and unfair. - While not dismissing the principles of AA, the Supreme Court agreed that the AA method used by the university was unlawful, as it gave an unwarranted advantage to minority applicants. - -Regents of the University of California v. Bakke (Bakke) is not permissible. - -Rigid quotas or reserving positions for a specific protected class of individuals who are less qualified cancel a contract or debar a contractor from participating in bidding for future contracts. Additionally, the DOL may ask the attorney general to seek equitable relief to enforce orders, seek that the Department of Justice pursue criminal penalties where fraud is involved, publish the names of offending contractors, and/or recommend to the EEOC that judicial proceedings be commenced under Title VII. - -Sometimes a contractor will run afoul of federal anti-discrimination statutes or Executive Order 11246. The Department of Labor may - in 1964 the New York State Commission for Human Rights had determined the sheet metal workers' union had systematically excluded African-Americans from the union and from obtaining apprenticeships. - After 18 years of not complying with court orders to stop discrimination, the Supreme Court affirmed a lower court order, entered in 1975, imposing an AA plan remedy upon the union which required a fund be set up, and other action taken, to assist in reaching the goal of 29 percent non-white membership in the union. The duty to comply with imposed AA plans evaporates once the problem has been addressed. - -Local 28, Sheet Metal Workers v. EEOC regulation of AA. The OFCCP conducts extensive research on worker demographics and creates, implements, and enforces a myriad of regulations related to implementing the goals of AA. - -The Office of Federal Contract Compliance Programs (OFCCP), within the Department of Labor, oversees the federal contracts entered into after 1 December, 2003, and worth more than $100,000 require contractors and subcontractors to undertake AA for specified categories of veterans, which includes a priority referral requirement for employment openings. This legislation also requires employers to report on the number of current employees who are veterans. - -The Vietnam Era Veteran Readjustment Assistance Act of 1974 carries the same purpose for veteran workers. Amendments to the act require that fifty or more employees and contracts valued at $50,000 or more must take "affirmative action to employ qualified individuals with disabilities." - -The Rehabilitation Act of 1973 prohibits federal government contractors from discriminating on the basis of disability. This act requires that contractors, including subcontractors, with any federal contract for services with a value over $10,000 must include anondiscrimination clause with which the contractor must comply. - -Executive Order 11246 requires that In 1969, President Nixon authorized the implementation of the Philadelphia Plan, which, for the first time, required contractors to establish specific goals and timetables for correcting imbalances in employment practices. The creation of preferences and goals has led to the forty-year-old debate over whether AA is simply a way to establish unlawful quotas for race, ethnicity, or gender. - -Philadelphia Plan In 1965, President Johnson issued Executive Order 11246, which required that contractors and their subcontractors doing business with the federal government must have a nondiscrimination clause in contracts and abide by its terms. The Order requires government contractors to "take affirmative action" toward prospective minority employees in all aspects of hiring and employment. - -Executive Order 11246 On March 6, 1961, Kennedy signed Executive Order 10925, which mandated that managers of federally-funded projects "take affirmative action" to eliminate bias in employment practices. This changed the effort to eliminate employment discrimination from the passive to the active. - -Executive Order 10925 On 25 June, 1941, President Franklin D. Roosevelt issued Executive Order 8802, which declared that full participation in national defense programs by all U.S. citizens, regardless of race, creed, color, or national origin was federal government policy. - -Executive Order 8802 expensive, disruptive, wide-ranging in significance, or require an alteration of the fundamental structure of a business operation. - -Accommodations that present an undue hardship are those that are he or she will not be considered disabled. For example, twin pilots who suffered from vision problems, which were fully corrected by prescription lenses, were not considered disabled for ADAAA purposes. In contrast, for example, a person with a seizure disorder who is taking medication and is therefore seizure free is still a covered employee under the ADA. This mitigating circumstance—the medication—does not disqualify him. It further provides that impairments that last only a short period of time qualify for protection under the ADAAA for the duration of the disability. In other words, the disability may be temporary. This is an express repudiation of court cases holding that a disability must be permanent for ADA protection to apply. - -ADAAA clarifies that if a person can be made substantially whole through corrective devices passed the ADA Amendments Act. - -In response to several United States Supreme Court cases that narrowly construed the definition of disability, in 2008 Congress one who, with or without an accommodation, possesses the skills, talents, education, and other abilities necessary to carry out the essential functions of the job. - -a qualified individual is it makes the decision not to hire the disabled person based on the disability or a reluctance to accommodate the disability. - -Under the ADA, if an employer is considering two qualified applicants for a job, one of whom is disabled, the employer will violate the ADA if - Defined the scope of "record of impairment" and "regarded as disabled" criteria of the Rehabilitation Act - The Nassau school board fired a teacher who had recently recovered from a documented third bout of tuberculosis, for fear that the disease would return and pose a risk to school children. - The Supreme Court held that the teacher was protected under the Act because "[a]llowing discrimination based on the contagious effects of a physical impairment would be inconsistent with the basic purpose of § 504, which is to ensure that handicapped individuals are not denied jobs or other benefits because of the prejudiced attitudes or the ignorance of others." - -School Board of Nassau v. Arline 1987 entitled to the same legal remedies as a legal worker, including back pay and reinstatement. - -The EEOC takes the position that illegal immigrants are