WGU - C233 - Employment Law (September 2017) Exam Questions with Correct Answers

WGU - C233 - Employment Law (September 2017) Exam Questions with Correct Answers Family and Medical Leave Act (FMLA) - answerProvides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health coverage benefits be maintained during the leave. Federal Mediation and Conciliation Service (FMCS) - answerEstablished by Taft-Hartley; an agency to help management and labor settle labor contract disputes. Fellow servant rule - answerAn employer defense that another employee, not the employer, caused a workplace injury. First written warning - answerSecond 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. Four-fifths Rule - answerStates that an employment test or other screening device/process has a disparate impact if the hiring rate for a minority group is less than four-fifths (80%) of the hiring rate for the majority group. Gender Discrimination - answerThe stereotyping of how a male or how a female should act. General duty clause - answerStandard that requires employers to provide jobs and a workplace environment that are free from recognized safety and health hazards that could potentially cause death or serious physical harm. This standard also requires employers to comply with all OSHA rules, regulations, and standards. Hostile Work Environment - answerAs deigned by the Equal Employment Opportunity Commission (EEOC), a work environment in which an individual or individuals are subjected to a pattern of harassment biased according to protected classifications or unwelcome verbal or physical conduct "when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment." I-9 - answerForm enacted under IRCA (Immigration Reform and Control Act) that documents employee identity and right to work in the U.S. (specifies acceptable documents). immigration Reform and Control ACt (IRCA) - answerMade it illegal in the U,S, to hire or continue to employ individuals who are legally authorized to work. Implied Contract - answerAn agreement created through the actions of the employer and employee rather than through negotiation and documentation. Employee handbooks may be argued to create this. Independent Contractor - answerSelf-employed individual who works for multiple customers and clients on a project or fee basis. Integrated Enterprise - answerA business environment in which operations of two or more employers are intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability. Intelligence tests - answerStandardized assessments designed to assess human ability to learn or understand or to deal with new or trying situations. IRS 20-factor Analysis - answerGuide to employers in determining if workers are indeed independent contractors; 20 items. Joint Ownership - answerRight of ownership shared by two or more owners such that on the death of an owner his right passes on to surviving owner(s), the last survivor becoming the full owner. Judicial Review - answerThe power of the Supreme Court to consider whether a law complies with the Constitution. Limited Liability Partnership - answerA form of general partnership that provides an individual partner protection against personal liability for certain partnership obligations. LMRA (Taft-Hartley Act) - answerLaw that prohibited unfair union labor practices and put forth the rights of employees as union members. Second of three main union laws; 1947; considered pro-management. Lockout - answerResult that occurs when management shuts down operations to keep employees from working. Mandatory Bargaining Issues - answerItems in collective bargaining that a party must discuss/negotiate if they are introduced by the other party. Examples include pay and employee security. Mediation - answerA procedure for resolving collective bargaining impasses by a mediator (third party) with no formal authority who acts as a facilitator and go-between in the negotiations. National Origin - answerLocation of birth. Negligent Hiring - answerA claim in which the employer knew or should have known about an employee's history of violence or untrustworthiness. Negligent Referral - answerA claim in which an employer has provided an untrue reference which omits information about an employee's dangerous and criminal behavior. Negligent Retention - answerA claim that arises when an employer fails to terminate an employee when it is apparent that he or she poses a danger to others. NLRA (Wagner Act) - answerThe NLRA guarantees the right of employees to organize and bargain collectively with their employers. Established the National Labor Relations Board for enforcement and oversight of those worker rights. NLRB - answerGovernment agency established by the NLRA to enforce its provisions. It is charged with conducting elections and preventing and remedying unfair labor practices. The NLRB does not instigate actions of its own, it merely responds to charges of unfair labor practices or petition for representation elections files in one of its offices. Older Workers Benefit Protection Act (OWBPA) - answerProhibits discrimination against older workers in all employee benefit plans unless age-based reductions are justified by significant cost considerations. Protects waiving of employee rights (for the employee). Oral Contract - answerVerbal agreement (e.g., offer and acceptance). OSHA - answerThe 1970 safety and health act establishing workplace standards for safety and establishing the Occupational Safety and Health Administration for enforcement and oversight of those standards. Permissive Bargaining Issues - answerAlso know as voluntary bargaining issues. These items can be negotiated only on agreement by labor and management. (Cannot hold up reaching a bargaining agreement). Pre-adverse Action - answerRequirement under FCRA that the employer notify a candidate within 3 business days of the intent to take a negative action based on the credit report. Precedent - answerA controlling rule, example, or guide—which provided a framework for other judges to follow in deciding later cases. Pregnancy Discrimination Act (PDA) - answerThis act recognizes pregnancy as a temporary disability and prohibits applicants from being discriminated against in the recruitment process because of pregnancy, childbirth, or related medical conditions. (amendment to Title VII) Prima Facie - answerLatin for "on the face of it." Such evidence by itself would establish the claim or defense of the party if the evidence were believed. [pronounced "pry-muh fay-she"] Privacy Act of 1975 - answerProhibited federal agencies from sharing information collected about individuals. Progressive Discipline - answerPerformance management tool designed to modify employee behavior; set of steps outlined for use to tie the employee's responsibility and consequences. Americans with Disabilities Act (ADA) - answerEmployers with 15 or more employees are prohibited from discriminating against people with disabilities. In general, the employment provisions of the ADA require equal opportunity in selecting, testing, and hiring qualified applicants with disabilities; job accommodation for applicants and workers with disabilities when such accommodations would not impose "undue hardship" and equal opportunity in promotion and benefits. Affirmative Action - answerMaking an extra effort to hire and promote those in protected groups, particularly when those groups are underrepresented. Affirmative Action Plan - answerPlan that analyzes a workforce to determine whether protected classes are underutilized in different job groups and describes how an organization will address any under-utilization that exists. Age Discrimination in Employment Act (ADEA) - answerAct prohibiting arbitrary age discrimination and specifically protecting individuals over 40 years of age. Applies to public and private employers and unions with more than 15 employees. Agency Theory - answerPerson (e.g., a manager) is expected to act on behalf of a principal (e.g. the owner, or the company). Animus - answerMind set or intention. Arbitration - answerA procedure for resolving collective bargaining impasses by which an arbitrator (third party) chooses a solution to the dispute. Bargaining Unit - answerA group of employees performing jobs in an industry with sufficient "community of interests" to constitute a unit to be represented in collective bargaining. BFOQ - answerJob requirement that an employee be a particular religion, sex, or national origin that is reasonably necessary to business operations. For instance, it is assumed that an opening for a Baptist minister at a local Baptist church would be filled by a minister who is actually a person who celebrates the Baptist religion and not, say, the Episcopal religion. Business Necessity - answerA practice necessary for safe and efficient organizational operations. Case Law - answerThe law is laid down in the previous decisions of the courts (distinct from statutes or other sources of law). Civil Law - answerlaws that deal with the rights of people rather than with crimes. Color - answerSkin pigmentation especially other than white; characteristic of race. Common Law - answerPrinciples developed over centuries as a result of legal decisions made by judges in individual cases. Comparable Worth - answerA public policy that advocates remedies for any undervaluation of women's jobs (also called pay equity). Complaint - answerA formal allegation against a party. Conciliation - answerProcess where a third party acts as an intermediary between the parties to a labor dispute, helping them to reach a settlement. Conglomerate - answerA highly diversified firm that has multiple businesses with no relationships. Constructive Discharge - answerDismissal that occurs when an employer forces an employee to resign by creating a work environment that is so unpleasant that a reasonable person would resign. Continual Training - answerA mandate that all employers provide training to workers on a periodic basis and whenever an employee is hired or assigned to a new job. Covenant of Good Faith - answerA presumption that each party in a contract will deal with each other in good faith and fairness. Defamation - answerCommunication that damages an individual's reputation in the community, preventing them from obtaining employment or other benefits. Discovery - answerProcedures for gathering facts prior to the time of trial in order to eliminate the element of surprise in litigation. Disparate Impact - answerEffect when an employment practice that may appear to be fair unintentionally discriminates against members of a protected class. Disparate Treatment - answerTheory of discrimination based on different treatment given to individuals because of their race, color, religion, sex, national origin, age or disability status. Dual Purpose Doctrine/Mission - answerOccurs when an employer conducts personal and work business at the same time; subjects the employer to liability for the employee's actions. Economic Realities Test - answerA test that classifies a worker as an employee if the employee is substantially economically dependent on an employer. Courts which have applied the economic reality test look at the following: • the degree of control exerted by the alleged employer over the worker; • the worker's opportunity for profit or loss; • the worker's investment in the business; • the permanence of the working relationship; • the degree of skill required to perform the work; and • the extent to which the work is an integral part of the alleged employer's business. Employee - answerOne who performs services under the direction and control of another. Employer - answerOne who employs the services of others in exchange for wages. Employment at will - answerU.S. law that states that organizations can generally hire, fire, or promote a person for any reason at any time. In addition, employees can leave for any reason at any time. LMRDA (Landrum Griffin Act) - answerLaw aimed at protecting union members from possible wrongdoing on the part of their union;. Third of the main union laws; 1959. Public Policy Exception - answerCertain objectives relating to health, morals, and integrity of the government, that the law seeks to advance and uphold. Quid pro quo - answerLegal term that means, in Latin, "this for that." QPQ harassment occurs when a supervisor or manager asks for sexual favors in return for a favorable employment action.