And Accurate Answers
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 Answer -
Implied 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 Answer - Implied
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?
To which agency did Title VII give authority to conduct its own
enforcement litigation? Correct Answer - EEOC
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 Answer -
Showing bona fide occupational qualification
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
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