WGU D352 Employment Law – Terms: Questions With
Applicable Solutions
IRS 20-factor Analysis Correct Answer - A guide adopted by the Internal
Revenue Service for determining if a worker should be classified as an
independent contractor. Most of these factors relate to control by the
employer.
ADAAA Correct Answer - Americans with Disabilities Act Amendments
Act-2008: Amends the ADA by adding new protections for employees with
disabilities.
ADEA Waivers Correct Answer - A statement from a retiring employee
that he or she will not make a personal ADEA claim against the employer in
exchange for retirement incentives.
Abuse of Discretion Correct Answer - An employer's failure to consider
important and relevant facts; acting in an arbitrary or capricious manner.
Adverse Job Action Correct Answer - A negative job action that results
from an employee's lawful actions.
AA Correct Answer - Affirmative Action: Any action taken by an
employer to overcome discriminatory effects of past or current practices that
create barriers to equal employment opportunity. The Office of Federal
Contract Compliance Programs (OFCCP) within the Department of Labor
oversees regulation of AA.
Affirmative Action Plan Correct Answer - Plan that analyzes a workforce
to determine whether protected classes are underutilized in different job
groups. Describes how organization will address any underutilization that
exists.
Age Discrimination Correct Answer - Treating an applicant or employee
less favorably because of his or her age.
,ADEA Correct Answer - Age Discrimination in Employment Act-1967:
Protects employees who are 40 years of age and older. 20 or more employees.
True for any tangible job action.
Agency Correct Answer - A CONTRACT relationship between a principal
and an agent whereby the principal authorizes the agent to work on his or her
behalf and with power to bind the principal.
ADA Correct Answer - Americans with Disabilities Act-1990: Public and
private employers with 15 or more employees are prohibited from
discriminating against people with disabilities. Requires equal opportunity in
selecting, testing, and hiring qualified applicants with disabilities.
Anti-female Animus Correct Answer - An environment of animosity
toward women.
Appropriation of Image or Likeness Correct Answer - A type of tort in
which an employer uses the name, image or likeness of an employee for
commercial purposes in a way that is not described in the job description.
Arbitration Correct Answer - A procedure for resolving collective
bargaining impasses by which an arbitrator (third party) choose a solution to
the dispute.
Assumption of the Risk Correct Answer - An employer defense that
states an employee knows and accepts the risk of potential injury in a certain
position.
BFOQ Correct Answer - Bona Fide Occupational Qualification: A
reasonable employment qualification that an employer is allowed to consider
while making decisions about hiring/retaining employees. EX: Job
requirement that an employee be a particular religion, sex, or national origin
that is reasonably necessary to business operations: an opening for a Baptist
minister would be filled by a minister who is actually a person who celebrates
the Baptist religion and not, say, Episcopal.
Back Pay Correct Answer - Monetary compensation for a plaintiff's lost
earnings.
, Branches of Government Correct Answer - LEGISLATIVE=made up of the
two houses of Congress:Senate/House of Representatives. These bodies are
tasked by the Constitution to make laws for the "general welfare" of the
people.
EXECUTIVE=composed of the President and other executive leaders, such as
the Vice-President (elected) and the Cabinet, who lead major departments in
the federal government (appointed by the President). The executive branch
conducts foreign affairs and ensures that sound laws are created and
enforced.
JUDICIAL=court system of the country. Comprised of the Supreme Court and
other federal courts. Through actual legal controversies, the courts explain
and define the meaning of the Constitution and laws passed by Congress.
Business Necessity Correct Answer - A legitimate business purpose that
justifies an employment decision as effective and necessary.
Case Law Correct Answer - The law as laid down in the decisions of the
courts (distinct from statutes or other sources of law).
Civil Law Correct Answer - Laws that deal with the rights of people
rather than with crimes.
Civil Rights Act of 1964 Correct Answer - Enacted in 1964, it prohibits
race discrimination in employment.
Clayton Act Correct Answer - Enacted in 1914, prohibits the elimination
of unions. Largely ineffective.
Closed Union Shop Correct Answer - An illegal requirement that an
employee be a union member.
Collective Bargaining Correct Answer - The negotiation process between
unions and employers.
Color Correct Answer - Skin pigmentation characteristic of race,
especially other than white.
Common Law Correct Answer - Principles developed over centuries as a
result of legal decisions made by judges in individual cases.
Applicable Solutions
IRS 20-factor Analysis Correct Answer - A guide adopted by the Internal
Revenue Service for determining if a worker should be classified as an
independent contractor. Most of these factors relate to control by the
employer.
ADAAA Correct Answer - Americans with Disabilities Act Amendments
Act-2008: Amends the ADA by adding new protections for employees with
disabilities.
ADEA Waivers Correct Answer - A statement from a retiring employee
that he or she will not make a personal ADEA claim against the employer in
exchange for retirement incentives.
Abuse of Discretion Correct Answer - An employer's failure to consider
important and relevant facts; acting in an arbitrary or capricious manner.
Adverse Job Action Correct Answer - A negative job action that results
from an employee's lawful actions.
AA Correct Answer - Affirmative Action: Any action taken by an
employer to overcome discriminatory effects of past or current practices that
create barriers to equal employment opportunity. The Office of Federal
Contract Compliance Programs (OFCCP) within the Department of Labor
oversees regulation of AA.
Affirmative Action Plan Correct Answer - Plan that analyzes a workforce
to determine whether protected classes are underutilized in different job
groups. Describes how organization will address any underutilization that
exists.
Age Discrimination Correct Answer - Treating an applicant or employee
less favorably because of his or her age.
,ADEA Correct Answer - Age Discrimination in Employment Act-1967:
Protects employees who are 40 years of age and older. 20 or more employees.
True for any tangible job action.
Agency Correct Answer - A CONTRACT relationship between a principal
and an agent whereby the principal authorizes the agent to work on his or her
behalf and with power to bind the principal.
ADA Correct Answer - Americans with Disabilities Act-1990: Public and
private employers with 15 or more employees are prohibited from
discriminating against people with disabilities. Requires equal opportunity in
selecting, testing, and hiring qualified applicants with disabilities.
Anti-female Animus Correct Answer - An environment of animosity
toward women.
Appropriation of Image or Likeness Correct Answer - A type of tort in
which an employer uses the name, image or likeness of an employee for
commercial purposes in a way that is not described in the job description.
Arbitration Correct Answer - A procedure for resolving collective
bargaining impasses by which an arbitrator (third party) choose a solution to
the dispute.
Assumption of the Risk Correct Answer - An employer defense that
states an employee knows and accepts the risk of potential injury in a certain
position.
BFOQ Correct Answer - Bona Fide Occupational Qualification: A
reasonable employment qualification that an employer is allowed to consider
while making decisions about hiring/retaining employees. EX: Job
requirement that an employee be a particular religion, sex, or national origin
that is reasonably necessary to business operations: an opening for a Baptist
minister would be filled by a minister who is actually a person who celebrates
the Baptist religion and not, say, Episcopal.
Back Pay Correct Answer - Monetary compensation for a plaintiff's lost
earnings.
, Branches of Government Correct Answer - LEGISLATIVE=made up of the
two houses of Congress:Senate/House of Representatives. These bodies are
tasked by the Constitution to make laws for the "general welfare" of the
people.
EXECUTIVE=composed of the President and other executive leaders, such as
the Vice-President (elected) and the Cabinet, who lead major departments in
the federal government (appointed by the President). The executive branch
conducts foreign affairs and ensures that sound laws are created and
enforced.
JUDICIAL=court system of the country. Comprised of the Supreme Court and
other federal courts. Through actual legal controversies, the courts explain
and define the meaning of the Constitution and laws passed by Congress.
Business Necessity Correct Answer - A legitimate business purpose that
justifies an employment decision as effective and necessary.
Case Law Correct Answer - The law as laid down in the decisions of the
courts (distinct from statutes or other sources of law).
Civil Law Correct Answer - Laws that deal with the rights of people
rather than with crimes.
Civil Rights Act of 1964 Correct Answer - Enacted in 1964, it prohibits
race discrimination in employment.
Clayton Act Correct Answer - Enacted in 1914, prohibits the elimination
of unions. Largely ineffective.
Closed Union Shop Correct Answer - An illegal requirement that an
employee be a union member.
Collective Bargaining Correct Answer - The negotiation process between
unions and employers.
Color Correct Answer - Skin pigmentation characteristic of race,
especially other than white.
Common Law Correct Answer - Principles developed over centuries as a
result of legal decisions made by judges in individual cases.
