C233 Employment Law Questions With
Correct Detailed Answers 2024.
Which constitutional provision mandates that federal regulations have priority over state
law? - ANSWER- Supremacy Clause
Which doctrine is used by U.S. courts to align current cases with prior legal decisions? -
ANSWER- Stare Decisis
Stare Decisis (precedent) - ANSWER- "Let the decision stand"...courts generally follow
the decisions of lower courts in similar cases that set a precedent
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? - ANSWER-
integrated enterprise
integrated enterprise - ANSWER- A business environment in which operations of two or
more employers are so intertwined that they can be considered as a single employer for
purposes of federal statutory coverage and liability.
Limited Liability partnership - ANSWER- a type of partnership in which all partners are
limited partners
Which test is used to distinguish an independent contractor from an employee? -
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? - ANSWER- Implied
Contract
Implied Contract - ANSWER- A contract that comes about simply from actions of the
parties.
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? - ANSWER- An implied Contract with
employees
What determines employer liability under the respondeat superior doctrine? - ANSWER-
Scope of employment
, Which term indicates that an employer may terminate an employee at any time, for any
legal reason, without incurring liability? - 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? - ANSWER- Implied
Contract
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? - ANSWER- Does the employee
meet the eligibility requirements?
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? - ANSWER- showing
bona fide occupational qualification
Bona Fide Occupational Qualification (BFOQ) - ANSWER- a necessary (not merely
preferred) qualification for performing a job
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? - ANSWER- Disparate Treatment
Disparate Treatment - ANSWER- results when employees from protected groups are
intentionally treated differently
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? - ANSWER- Four- Fifths Rule
Four-fiths rule - ANSWER- The four-fifths rule prescribes that a selection rate for any
group (classified by race, orientation or ethnicity) that is less than four-fifths of that for
the group with the highest rate constitutes evidence of adverse impact (also called
'disparate impact'), that is, discriminatory effects on a protected group.
Which practice is descriptive of a church requiring clergy to be of a particular
denomination? - ANSWER- Bona Fide Occupational Qualification
hostile work environment - ANSWER- a form of sexual harassment in which unwelcome
and demeaning sexually related behavior creates an intimidating and offensive work
environment
reverse discrimination - ANSWER- Discrimination against the majority group
Correct Detailed Answers 2024.
Which constitutional provision mandates that federal regulations have priority over state
law? - ANSWER- Supremacy Clause
Which doctrine is used by U.S. courts to align current cases with prior legal decisions? -
ANSWER- Stare Decisis
Stare Decisis (precedent) - ANSWER- "Let the decision stand"...courts generally follow
the decisions of lower courts in similar cases that set a precedent
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? - ANSWER-
integrated enterprise
integrated enterprise - ANSWER- A business environment in which operations of two or
more employers are so intertwined that they can be considered as a single employer for
purposes of federal statutory coverage and liability.
Limited Liability partnership - ANSWER- a type of partnership in which all partners are
limited partners
Which test is used to distinguish an independent contractor from an employee? -
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? - ANSWER- Implied
Contract
Implied Contract - ANSWER- A contract that comes about simply from actions of the
parties.
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? - ANSWER- An implied Contract with
employees
What determines employer liability under the respondeat superior doctrine? - ANSWER-
Scope of employment
, Which term indicates that an employer may terminate an employee at any time, for any
legal reason, without incurring liability? - 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? - ANSWER- Implied
Contract
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? - ANSWER- Does the employee
meet the eligibility requirements?
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? - ANSWER- showing
bona fide occupational qualification
Bona Fide Occupational Qualification (BFOQ) - ANSWER- a necessary (not merely
preferred) qualification for performing a job
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? - ANSWER- Disparate Treatment
Disparate Treatment - ANSWER- results when employees from protected groups are
intentionally treated differently
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? - ANSWER- Four- Fifths Rule
Four-fiths rule - ANSWER- The four-fifths rule prescribes that a selection rate for any
group (classified by race, orientation or ethnicity) that is less than four-fifths of that for
the group with the highest rate constitutes evidence of adverse impact (also called
'disparate impact'), that is, discriminatory effects on a protected group.
Which practice is descriptive of a church requiring clergy to be of a particular
denomination? - ANSWER- Bona Fide Occupational Qualification
hostile work environment - ANSWER- a form of sexual harassment in which unwelcome
and demeaning sexually related behavior creates an intimidating and offensive work
environment
reverse discrimination - ANSWER- Discrimination against the majority group
