WGU D352 Objective Assessment
Employment and Labor Law Exam 1 |
Questions with Correct Answers and Expert
Explanation
**A restaurant prefers hiring workers who can provide a long tenure instead of those
close to retirement age.
Which action should the restaurant take to avoid a discrimination claim?
Correct Answer
Develop a blind application review system
Question 2
What is the purpose of the Sarbanes-Oxley Act?
Section 1
Correct Answer
To impose civil and criminal penalties against employers who take actions against
whistleblowers
Question 3
HIPAA prevents employers from using an employee's protected health information for
personnel decisions.
Section 1
Correct Answer
True
Page 1 of 87
,Question 4
A hospital prides itself on hiring a diverse workforce. To ensure it provides the best
medical care, the hospital requires that all personnel speak only English the operating
room even if it is not the native language of the worker.
How should the hospital clarify the purpose of the policy to prevent discrimination?
Correct Answer
Business necessity
Question 1: [An employee is terminated for refusing to commit an illegal act
specified by their employer, despite the employment contract being completely at-
will. Which common law exception to the employment-at-will doctrine protects this
employee?]
A. Implied contract exception
B. Public-policy exception
C. Covenant of good faith exception
D. Whistleblower protection statute
CORRECT ANSWER: B. Public-policy exception
Rationale: The public-policy exception is a widely recognized common law limitation
on at-will employment. It prevents employers from terminating workers for reasons
that violate fundamental public policy, such as refusing to break the law, exercising
a statutory right, or fulfilling a public duty like serving on a jury.
Question 2: [A manufacturing company plans to execute a mass layoff affecting 120
full-time employees at a single site over a 30-day period due to economic downturn.
According to federal legislation, how much advance written notice must the
employer provide to the affected workers?]
A. 15 days
B. 30 days
C. 60 days
D. 90 days
CORRECT ANSWER: C. 60 days
Rationale: Under the Worker Adjustment and Retraining Notification (WARN) Act,
covered employers with 100 or more full-time workers must provide at least 60 days
of advance written notice before implementing a plant closing or mass layoff
Page 2 of 87
,meeting specific statutory thresholds. This gives employees transition time to find
new work or seek training.
Question 3: [An employer uses an IRS 20-factor analysis to evaluate whether a
specific worker should be classified as an independent contractor or an employee.
What core legal concept is primarily evaluated through these factors?]
A. The amount of compensation paid annually
B. The degree of behavioral and financial control exerted by the hiring company
C. The geographic location where the services are performed
D. The formal registration status of the worker's personal bank account
CORRECT ANSWER: B. The degree of behavioral and financial control exerted by
the hiring company
Rationale: The IRS 20-factor test centers on the level of control an organization
maintains over a worker. Key elements include behavioral control (how the work is
done), financial control (how the worker is paid and tools provided), and the type of
relationship between the parties.
Question 4: [A job applicant is asked questions during a pre-employment interview
regarding their religious practices and whether they plan to have children. Which
federal agency enforces Title VII of the Civil Rights Act, which regulates
discrimination in these hiring inquiries?]
A. Department of Labor (DOL)
B. Equal Employment Opportunity Commission (EEOC)
C. National Labor Relations Board (NLRB)
D. Occupational Safety and Health Administration (OSHA)
CORRECT ANSWER: B. Equal Employment Opportunity Commission (EEOC)
Rationale: The EEOC is the federal agency tasked with administering and enforcing
civil rights laws against workplace discrimination, including Title VII, the ADEA, and
the ADA.
Question 5: [An employee organization calls for a partial work stoppage without
authorization from union leadership during an active collective bargaining
agreement. What term defines this type of unauthorized job action?]
A. Economic strike
B. Unfair labor practices strike
C. Wildcat strike
Page 3 of 87
, D. Secondary boycott
CORRECT ANSWER: C. Wildcat strike
Rationale: A wildcat strike is a strike action undertaken by unionized workers
independently of, and without authorization from, their official union leadership.
These actions often violate no-strike clauses in existing collective bargaining
agreements.
Question 6: [An employer implements a strict grooming policy that inadvertently and
disproportionately screens out a protected class of job applicants without a clear
business necessity. Which legal theory of discrimination applies to this scenario?]
A. Disparate treatment
B. Disparate impact
C. Quid pro quo discrimination
D. Retaliatory discharge
CORRECT ANSWER: B. Disparate impact
Rationale: Disparate impact occurs when a facially neutral employer policy or
practice has a disproportionately adverse effect on a protected group compared to
others, and the employer cannot justify it as a business necessity.
Question 7: [A manager tells an administrative assistant that promotion
opportunities depend on submitting to unwelcome romantic advances. Which
specific form of unlawful harassment has occurred?]
A. Hostile work environment harassment
B. Quid pro quo sexual harassment
C. Vicarious liability harassment
D. Third-party harassment
CORRECT ANSWER: B. Quid pro quo sexual harassment
Rationale: Quid pro quo (Latin for "this for that") harassment involves tangible
employment actions—such as promotions, raises, or retention—being conditioned
on submission to sexual advances.
Question 8: [An employee needs time off to care for a spouse who has experienced
a serious health condition requiring inpatient care. Under the Family and Medical
Leave Act (FMLA), how much total unpaid leave is the eligible employee entitled to
within a 12-month period?]
Page 4 of 87
Employment and Labor Law Exam 1 |
Questions with Correct Answers and Expert
Explanation
**A restaurant prefers hiring workers who can provide a long tenure instead of those
close to retirement age.
Which action should the restaurant take to avoid a discrimination claim?
Correct Answer
Develop a blind application review system
Question 2
What is the purpose of the Sarbanes-Oxley Act?
Section 1
Correct Answer
To impose civil and criminal penalties against employers who take actions against
whistleblowers
Question 3
HIPAA prevents employers from using an employee's protected health information for
personnel decisions.
Section 1
Correct Answer
True
Page 1 of 87
,Question 4
A hospital prides itself on hiring a diverse workforce. To ensure it provides the best
medical care, the hospital requires that all personnel speak only English the operating
room even if it is not the native language of the worker.
How should the hospital clarify the purpose of the policy to prevent discrimination?
Correct Answer
Business necessity
Question 1: [An employee is terminated for refusing to commit an illegal act
specified by their employer, despite the employment contract being completely at-
will. Which common law exception to the employment-at-will doctrine protects this
employee?]
A. Implied contract exception
B. Public-policy exception
C. Covenant of good faith exception
D. Whistleblower protection statute
CORRECT ANSWER: B. Public-policy exception
Rationale: The public-policy exception is a widely recognized common law limitation
on at-will employment. It prevents employers from terminating workers for reasons
that violate fundamental public policy, such as refusing to break the law, exercising
a statutory right, or fulfilling a public duty like serving on a jury.
Question 2: [A manufacturing company plans to execute a mass layoff affecting 120
full-time employees at a single site over a 30-day period due to economic downturn.
According to federal legislation, how much advance written notice must the
employer provide to the affected workers?]
A. 15 days
B. 30 days
C. 60 days
D. 90 days
CORRECT ANSWER: C. 60 days
Rationale: Under the Worker Adjustment and Retraining Notification (WARN) Act,
covered employers with 100 or more full-time workers must provide at least 60 days
of advance written notice before implementing a plant closing or mass layoff
Page 2 of 87
,meeting specific statutory thresholds. This gives employees transition time to find
new work or seek training.
Question 3: [An employer uses an IRS 20-factor analysis to evaluate whether a
specific worker should be classified as an independent contractor or an employee.
What core legal concept is primarily evaluated through these factors?]
A. The amount of compensation paid annually
B. The degree of behavioral and financial control exerted by the hiring company
C. The geographic location where the services are performed
D. The formal registration status of the worker's personal bank account
CORRECT ANSWER: B. The degree of behavioral and financial control exerted by
the hiring company
Rationale: The IRS 20-factor test centers on the level of control an organization
maintains over a worker. Key elements include behavioral control (how the work is
done), financial control (how the worker is paid and tools provided), and the type of
relationship between the parties.
Question 4: [A job applicant is asked questions during a pre-employment interview
regarding their religious practices and whether they plan to have children. Which
federal agency enforces Title VII of the Civil Rights Act, which regulates
discrimination in these hiring inquiries?]
A. Department of Labor (DOL)
B. Equal Employment Opportunity Commission (EEOC)
C. National Labor Relations Board (NLRB)
D. Occupational Safety and Health Administration (OSHA)
CORRECT ANSWER: B. Equal Employment Opportunity Commission (EEOC)
Rationale: The EEOC is the federal agency tasked with administering and enforcing
civil rights laws against workplace discrimination, including Title VII, the ADEA, and
the ADA.
Question 5: [An employee organization calls for a partial work stoppage without
authorization from union leadership during an active collective bargaining
agreement. What term defines this type of unauthorized job action?]
A. Economic strike
B. Unfair labor practices strike
C. Wildcat strike
Page 3 of 87
, D. Secondary boycott
CORRECT ANSWER: C. Wildcat strike
Rationale: A wildcat strike is a strike action undertaken by unionized workers
independently of, and without authorization from, their official union leadership.
These actions often violate no-strike clauses in existing collective bargaining
agreements.
Question 6: [An employer implements a strict grooming policy that inadvertently and
disproportionately screens out a protected class of job applicants without a clear
business necessity. Which legal theory of discrimination applies to this scenario?]
A. Disparate treatment
B. Disparate impact
C. Quid pro quo discrimination
D. Retaliatory discharge
CORRECT ANSWER: B. Disparate impact
Rationale: Disparate impact occurs when a facially neutral employer policy or
practice has a disproportionately adverse effect on a protected group compared to
others, and the employer cannot justify it as a business necessity.
Question 7: [A manager tells an administrative assistant that promotion
opportunities depend on submitting to unwelcome romantic advances. Which
specific form of unlawful harassment has occurred?]
A. Hostile work environment harassment
B. Quid pro quo sexual harassment
C. Vicarious liability harassment
D. Third-party harassment
CORRECT ANSWER: B. Quid pro quo sexual harassment
Rationale: Quid pro quo (Latin for "this for that") harassment involves tangible
employment actions—such as promotions, raises, or retention—being conditioned
on submission to sexual advances.
Question 8: [An employee needs time off to care for a spouse who has experienced
a serious health condition requiring inpatient care. Under the Family and Medical
Leave Act (FMLA), how much total unpaid leave is the eligible employee entitled to
within a 12-month period?]
Page 4 of 87
