C233 PA

C233 PA Which constitutional provision mandates that federal regulations have priority over state law? - CORRECT ANSWER-Supremacy Clause Which doctrine is used by U.S. courts to align current cases with prior legal decisions? - CORRECT ANSWER-Stare decisis 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? - CORRECT ANSWER-Integrated enterprise Which test is used to distinguish an independent contractor from an employee? - CORRECT ANSWER-Economic realities test The employee handbook used by a temporary employment agency stated, "Employees may not be terminated except after first receiving an oral warning, then a formal written warning." Which principle is demonstrated in the handbook? - CORRECT ANSWERImplied contract No employee with a company has ever been terminated without strict adherence to the progressive discipline procedures outlined in the employee handbook. How does the employee handbook apply in this situation? - CORRECT ANSWER-It is an implied contract for employees. What determines employer liability under the respondeat superior doctrine? - CORRECT ANSWER-The scope of employment Which term indicates that an employer may terminate an employee at any time, for any legal reason, without incurring liability? - CORRECT ANSWER-Employment-at-will Which type of employment contract is created by the actions of the employer and employee rather than through a formal contract negotiation? - CORRECT ANSWERImplied 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? - CORRECT ANSWER-Does the employee meet the eligibility requirements? A company reduced a pregnant employee's hours from 40 per week to eight on the basis that she could no longer perform the fundamental requirements of her position. The employee is suing the company. Which statute will help the employee's case? - CORRECT ANSWER-Pregnancy Discrimination Act To which agency did Title VII give authority to conduct its own enforcement litigation? - CORRECT ANSWER-EEOC Which practice is descriptive of a church requiring clergy to be of a particular denomination? - CORRECT ANSWER-Bona fide occupational qualification A women's shelter hires only women as intake specialists and is being sued for disparate treatment. Which role does human resources have in relation to the Equal Employment Opportunity Commission (EEOC) in this scenario? - CORRECT ANSWERShowing bona fide occupational qualification An organization requires that job applicants have at least a bachelor's degree. Applicants in a protected class under Title VII claim that this requirement puts them at a disadvantage. Which rule determines whether there was substantial impact on the protected class? - CORRECT ANSWER-Four-fifths rule A 65-year-old woman was passed over for a job. When she inquired about this, the employer told her, "We're looking to create a younger workforce." Which type of discrimination is reflected in the scenario? - CORRECT ANSWER-Disparate treatment Which claim alleges that the work atmosphere has become sexually charged with offensive behaviors that interfere with an employee's work performance? - CORRECT ANSWER-Hostile environment A company sets a goal to hire 30% women in engineering jobs. A class action lawsuit alleges that this preference will result in denying jobs to otherwise qualified males. Which theory does this scenario illustrate from the male's perspective? - CORRECT ANSWER-Reverse discrimination Which legislation prohibits discrimination based on physical limitations? - CORRECT ANSWER-Americans with Disabilities Act A city has an opening for a firefighter. The department lists the essential job functions as being able to walk, run, jump, lift 50 pounds, drive a vehicle, and drag at least 150 pounds. An individual has applied for the position; however, the individual cannot run due to a former injury, and is requesting a reasonable accommodation. What are the city's duties and responsibilities under the Americans with Disabilities Act as it relates to this individual? - CORRECT ANSWER-The city may reject the application as the applicant cannot perform one of the essential job functions. Whose duty is it to suggest a reasonable accommodation that is not readily obvious? - CORRECT ANSWER-Employee Which action demonstrates a goal of affirmative action? - CORRECT ANSWERCorrecting discriminatory practices Which employer action is a possible employer defense to a claim asserted under the federal Age Discrimination in Employment Act (ADEA)? - CORRECT ANSWEREmploying fewer than 10 employees so the ADEA does not apply An employee requests a schedule change to accommodate his religious practices.According to Title VII, which action is considered an undue hardship for the employer? - CORRECT ANSWER-Mandating that other employees change their schedules against their objections. Which race discrimination claim can be based on an employer's policy of racial animosity, steering assignments or yielding to customer discriminatory preference? - CORRECT ANSWER-Disparate treatment Which two types of conduct make a company liable for race-based harassment? - CORRECT ANSWER-Unwelcome conduct Pervasive conduct Which system for employers determines worker eligibility using Form I-9? - CORRECT ANSWER-E-Verify An employee has demonstrated a tendency toward violent behavior in the workplace. This tendency has developed over several years, but it was not easily discernable when the employee was initially hired. The employer is aware of the employee's violence but does not terminate the employee. Which legal risk does the employer face in this situation? - CORRECT ANSWER-Negligent retention Which type of employee would be considered exempt from overtime under the Fair Labor Standards Act? - CORRECT ANSWER-A manager with two direct reports who receives high pay An employee works for the United States Department of Defense, a public employer. To investigate allegations of misconduct, the employee's supervisor conducts a search of the employee's office. Which two standards must this search meet in order to satisfy constitutional requirements? - CORRECT ANSWER-It must be (1) justified at its start, and (2) limited in scope. During the workday, an employee of a large company sends an e-mail to a friend using the company's e-mail service. The employer reads the e-mail to determine whether or not the employee is wasting time.Which legal principle governs the employer's surveillance of e-mail in this situation? - CORRECT ANSWER-Because the employee used the company's e-mail service, the employer may read the e-mail.