WGU Employment Law - C233 Exam Questions with 100% Correct Answers

WGU Employment Law - C233 Exam Questions with 100% Correct Answers A controlling rule, example, or guide - answerWhat is a precedent? The power of the Supreme Court to consider whether a law comports with the Constitution - answerWhat is a judicial review? Independent Contractor - answerOf the following classifications of worker, which causes the smallest obligation to the employer? 1) the IRS 20-factor analysis; 2) the economic realities test; and, 3) the common law agency test. - answerThere are three different tests commonly used to determine if a worker is an employee or independent contractor: Determine whether the worker has little freedom to exit the relationship because he/she is economically dependent on the business - answerWhat is the main purpose of the economic realities test? Relationship: How many hours per year do the employee and employer spend time together outside of work? - answerThe 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? Integrated enterprise - answerOperations 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): An entity is not engaged in an industry-affecting commerce - answerWhich of the following is not a qualification to fall under federal employment law statutes? Economic sustainability - answerWhich of the following is not a recognized exception to at- will doctrine under the common law? Retalitory discharge - answerIf an employee is terminated for claiming minimum wage or overtime compensation, engaging in union activities, opposing unlawful discriminatory practices, filing for workers' compensation, or "whistleblowing," the employer may face liability for a Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he/she had any other option but to quit - answerWhat is the doctrince of Constructive Discharge? Intentional interference with a contract - answerWhen a third party, perhaps a co-worker or client, pressures the employer to terminate an employee without cause, it is referred to as: Montana Wrongful Discharge From Employment Act - answer_____________ prohibits termination for other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute. The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws - answerWhat did the U.S.C. Section 1981 provide to all citizens, including those of African descent? 1 year - answerHow long does the application Title VII continue after a firm has reached a critical mass of 15 employees? Equal Employment Opportunity Act - answerIn 1972, Congress amended Title VII, by passing the _______________________ which give the EEOC authority to conduct its own enforcement litigation. Private sector - answerTitle I and Title V of the Americans with Disabilities Act of 1990 (ADA) and its 2008 Amendments (ADAAA) prohibit disability discrimination in the: Discriminatory intent - answerAn employer's decision to take some adverse action against an applicant or employee based upon knowledge and consideration of a protected class characteristic which has little or nothing to do with whether a person can perform the essential functions of a job is known as __________. Pattern and Practice Discrimination - answerAn employer may claim that 50 percent of employees are non-white minorities or women. However, if the minority employees or women are concentrated in low paying positions, and all the white employees hold high paying managerial positions, this would be best described as: Changing time schedules for individuals because of religious conflict - answerWhich of the following is not an unlawful practice under Title VII: Giggs vs Duke Power - answerThe seminal case establishing the concept of disparate impact is: Disparate Impact - answerWhen an employer's facially neutral procedures, policies, or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class, they are said to have __________________. disparate treatment - answerDisparate impact affects a particular class, while _______________ targets an individual. Height and weight restrictions - gender/national origin Language requirements - national origin Physical strength tests - gender Educational requirements - race Dress codes - gender/religion No beard policies - gender/race/national origin/religion - answerExamples of facially neutral polices and protected classes impacted might include: 80 - answerThe four-fifths rule provides that a screening device - test or other hiring criteria - will be discriminatory if the selection rate of a protected class is less than ____ percent of the majority. The complaining party was previously employed by the employer in question - answerWhich of the following is not something a complaining party must show in a case of pretext? McDonnell Douglas, Corp. v. Green case - answerIn the _______________, the U.S. Supreme court remanded the matter to the lower court to conduct a hearing under the prima facie standards it established. class - answerUnlike disparate treatment based upon __________ characteristics, retaliation involves adverse job action based upon an employee's lawful actions. 2 years - answerMoney awards may take the form of back pay for up to ________, for the time an employee was not working, Punitive damages - answer_______________ are rarely available, as the plaintiff must show the employer acted with malicious or reckless indifference to a person's federally-protected employment rights. Designed to punish employer. Sex - answerefore the final passage of the Civil Rights Act of 1964, Virginia Democrat, Senator Howard W. Smith, inserted into the language of the legislation defining the class of persons protected under the anti-discrimination provisions of Title VII the word: