WGU D352 EMPLOYMENT AND LABOR LAW 2026/2027 | STUDY GUIDE,
PRACTICE QUESTIONS, ANSWERS & EXAM REVIEW
Agency relationship/agent - ANS ✔✔A legal relationship where one person (the agent) acts on behalf of
another (the principal).
Assumption of risk - ANS ✔✔Voluntarily accepting the potential dangers or consequences of a particular
action or activity.
Bona Fide Occupational Qualification (BFOQ) - ANS ✔✔Legitimate job requirement necessary for the
normal operation of a business.
Business Necessity - ANS ✔✔A legitimate and justifiable reason for an action taken by an employer in
the course of business operations.
Disability defined by ADA - ANS ✔✔A physical or mental impairment that substantially limits one or
more major life activities, as defined by the Americans with Disabilities Act (ADA).
Key Employee defined by FMLA - ANS ✔✔An employee who holds a crucial position within an
organization, as defined by the Family and Medical Leave Act (FMLA).
Common law - ANS ✔✔Legal principles derived from court decisions and customs, rather than statutes.
Defamation - ANS ✔✔The act of making false statements that harm a person's reputation.
Due Diligence - ANS ✔✔The careful and thorough investigation or research conducted before entering
into an agreement or transaction.
Eavesdropping - ANS ✔✔Secretly listening to someone's private conversation without their consent.
Effort under the Equal Pay Act - ANS ✔✔The level of exertion or work put forth by an employee, as
evaluated for equal pay considerations under the Equal Pay Act.
Election of remedies - ANS ✔✔The choice between available legal options for resolving a dispute or
claim.
Equal Work for Equal Pay Act - ANS ✔✔Principle stating that individuals should receive equal
compensation for performing substantially similar work.
Gender Plus Discrimination - ANS ✔✔Discrimination based on both gender and additional factors such
as marital status or parental status
Intrusion Upon Seclusion - ANS ✔✔Invasion of privacy by intentionally intruding upon someone's private
affairs or seclusion.
, Key Employee under FMLA - ANS ✔✔an employee who holds a critical position within an organization
and is eligible for specific protections and benefits under the Family and Medical Leave Act (FMLA).
Major Life Activity defined by ADA - ANS ✔✔Basic activities such as walking, seeing, hearing, or learning,
which may be limited by a disability under the Americans with Disabilities Act (ADA).
Mixed Motive - ANS ✔✔Decision or action influenced by both lawful and unlawful factors.
Negligent Hiring - ANS ✔✔Failure by an employer to exercise reasonable care in hiring employees,
resulting in harm to others.
Nonsuspect class - ANS ✔✔A group of individuals not protected by specific antidiscrimination laws.
Office of Federal Contract Compliance Programs (OFCCP) - ANS ✔✔A federal agency responsible for
ensuring that federal contractors and subcontractors comply with equal employment opportunity laws
and regulations.
Precedent - ANS ✔✔A legal decision or ruling that serves as a guide or authority for future similar cases.
Prima Facie Case - ANS ✔✔The minimum evidence required to support a legal claim or assertion,
establishing a rebuttable presumption of fact.
Protected Heath Information (PHI) - ANS ✔✔Personal health information protected by laws such as the
Health Insurance Portability and Accountability Act (HIPAA).
Race Norming - ANS ✔✔Adjusting test scores or performance evaluations based on race or ethnicity,
which can lead to discriminatory outcomes.
Reasonable Accommodation - ANS ✔✔Modifications or adjustments made by employers to enable
individuals with disabilities to perform essential job functions, without causing undue hardship
Reasonable Factor Other Than Age under ADEA - ANS ✔✔A legitimate non-age-related reason for an
employment decision, as allowed by the Age Discrimination in Employment Act (ADEA).
Reasonable Person Standard - ANS ✔✔A legal standard used to determine whether an individual's
actions were reasonable in a given situation, based on how a hypothetical reasonable person would act
under similar circumstances.
Remedial affirmative action program - ANS ✔✔Programs designed to address past discrimination or
underrepresentation by promoting equal opportunities for historically disadvantaged groups.
Responsibility under Equal Pay Act - ANS ✔✔The obligation of employers to ensure equal pay for equal
work, regardless of gender.
Retaliation - ANS ✔✔Adverse actions taken by an employer against an employee for engaging in
protected activities, such as filing a discrimination complaint.
PRACTICE QUESTIONS, ANSWERS & EXAM REVIEW
Agency relationship/agent - ANS ✔✔A legal relationship where one person (the agent) acts on behalf of
another (the principal).
Assumption of risk - ANS ✔✔Voluntarily accepting the potential dangers or consequences of a particular
action or activity.
Bona Fide Occupational Qualification (BFOQ) - ANS ✔✔Legitimate job requirement necessary for the
normal operation of a business.
Business Necessity - ANS ✔✔A legitimate and justifiable reason for an action taken by an employer in
the course of business operations.
Disability defined by ADA - ANS ✔✔A physical or mental impairment that substantially limits one or
more major life activities, as defined by the Americans with Disabilities Act (ADA).
Key Employee defined by FMLA - ANS ✔✔An employee who holds a crucial position within an
organization, as defined by the Family and Medical Leave Act (FMLA).
Common law - ANS ✔✔Legal principles derived from court decisions and customs, rather than statutes.
Defamation - ANS ✔✔The act of making false statements that harm a person's reputation.
Due Diligence - ANS ✔✔The careful and thorough investigation or research conducted before entering
into an agreement or transaction.
Eavesdropping - ANS ✔✔Secretly listening to someone's private conversation without their consent.
Effort under the Equal Pay Act - ANS ✔✔The level of exertion or work put forth by an employee, as
evaluated for equal pay considerations under the Equal Pay Act.
Election of remedies - ANS ✔✔The choice between available legal options for resolving a dispute or
claim.
Equal Work for Equal Pay Act - ANS ✔✔Principle stating that individuals should receive equal
compensation for performing substantially similar work.
Gender Plus Discrimination - ANS ✔✔Discrimination based on both gender and additional factors such
as marital status or parental status
Intrusion Upon Seclusion - ANS ✔✔Invasion of privacy by intentionally intruding upon someone's private
affairs or seclusion.
, Key Employee under FMLA - ANS ✔✔an employee who holds a critical position within an organization
and is eligible for specific protections and benefits under the Family and Medical Leave Act (FMLA).
Major Life Activity defined by ADA - ANS ✔✔Basic activities such as walking, seeing, hearing, or learning,
which may be limited by a disability under the Americans with Disabilities Act (ADA).
Mixed Motive - ANS ✔✔Decision or action influenced by both lawful and unlawful factors.
Negligent Hiring - ANS ✔✔Failure by an employer to exercise reasonable care in hiring employees,
resulting in harm to others.
Nonsuspect class - ANS ✔✔A group of individuals not protected by specific antidiscrimination laws.
Office of Federal Contract Compliance Programs (OFCCP) - ANS ✔✔A federal agency responsible for
ensuring that federal contractors and subcontractors comply with equal employment opportunity laws
and regulations.
Precedent - ANS ✔✔A legal decision or ruling that serves as a guide or authority for future similar cases.
Prima Facie Case - ANS ✔✔The minimum evidence required to support a legal claim or assertion,
establishing a rebuttable presumption of fact.
Protected Heath Information (PHI) - ANS ✔✔Personal health information protected by laws such as the
Health Insurance Portability and Accountability Act (HIPAA).
Race Norming - ANS ✔✔Adjusting test scores or performance evaluations based on race or ethnicity,
which can lead to discriminatory outcomes.
Reasonable Accommodation - ANS ✔✔Modifications or adjustments made by employers to enable
individuals with disabilities to perform essential job functions, without causing undue hardship
Reasonable Factor Other Than Age under ADEA - ANS ✔✔A legitimate non-age-related reason for an
employment decision, as allowed by the Age Discrimination in Employment Act (ADEA).
Reasonable Person Standard - ANS ✔✔A legal standard used to determine whether an individual's
actions were reasonable in a given situation, based on how a hypothetical reasonable person would act
under similar circumstances.
Remedial affirmative action program - ANS ✔✔Programs designed to address past discrimination or
underrepresentation by promoting equal opportunities for historically disadvantaged groups.
Responsibility under Equal Pay Act - ANS ✔✔The obligation of employers to ensure equal pay for equal
work, regardless of gender.
Retaliation - ANS ✔✔Adverse actions taken by an employer against an employee for engaging in
protected activities, such as filing a discrimination complaint.
