C233 Employment Law Exam Study Questions and Answers Graded A 2024

Implied Contract - Legally binding agreement which is created, not through formal contract negotiation and documentation, but by actions of employer and employee AKA-oral assurances Supremacy Clause - mandates that the constitution, federal law, treaties and federal regulations are the highest laws of the land and have priority over state law. Frolic and Detour - Employee's physical departure from the job in order to further his/her own interests and not the employers. Dual Purpose Mission - Occurs when an employee conducts personal and work business at the same time; subjecting the employer to the employees actions Pregnancy Discrimination Act (PDA) - 1978; Prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. Pregnant women must be treated in the same manner as other applicants or employees with similar abilities or limitations. (possibly as a temporarily disabled worker) Equal Pay Act 1963 (EPA) - protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination Civil Rights Act of 1991 - allows for compensatory and punitive damages for violations of Tytle VII Age Discrimination in Employment Act of 1967 (ADEA) - protects individuals who are 40 years of age or older Americans with Disabilities Act of 1967 (ADA) - prohibits disability discrimination in the private sector The Rehabilitation Act of 1991 - prohibits discrimination against qualified individuals with disabilities who work in the federal government Uniformed Services Employment and Re-employment Rights Act (USERRA) - protects military personnel from employment disctrimination Equal Employment Opportunity Commission (EEOC) - federal agency created by the Civil Rights Act of 1964 and today enforces federal anti-discrimination statutes, and provides oversight for all federal equal opp standards in employment regulations Discriminatory Evidence - -Direct Evidence -Comparative Evidence -Bona Fide -Pattern and Practice Direct Evidence - Real, clear evidence of discrimination that requires no inference or consideration to prove existence Comparative Evidence - Two employees were similarly situated but were treated differently merely because of class characteristic. Bona Fide Occupational Qualification (BFOQ) - A reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees Pattern and Practice - discrimination is where the employers policies have the purpose or effect of segregation or assigning employees to particular aspects of a business enterprise for no legitimate business necessity Gender Plus Discrimination - results when an employer classifies employees on a basis of gender, plus another characteristic-usually a family-related circumstance Anti-Female Animus - An environment of animosity toward women Quid Pro Quo - (this for that). Notion that an employer seeks sexual favors in exchange for some positive employment outcome for an employee Tangible Job Action - an employment outcome arising out of sexual harassment Hostile Work Environment Requirements - -Unwelcome conduct towards victim -objectionable conduct based on gender -conduct sufficiently sever or pervasive to create abusive working environment -conduct alters the conditions of employment in a way which negatively affects victim -employer knew or should have known the unwelcome conduct and took insufficient action to address Unwelcome Conduct - not solicited by the employee and that a reasonable person would regard as offensive or unwanted First Written Warning - 2nd step in a disciplinary process, which advises an employee that work behavior must change, lays out steps that have already been taken to advise the employee of the deficit and describes steps that need to be taken to improve performance and remain employed Age Discrimination in Employment Act (ADEA) - protect workers aged 40 or older. applies to employers/unions with more than 20 employees