WGU C233 Employment Law Questions and
Correct Answers with Complete Solutions 100%
Correct | 2024.
What is judicial review?
The power of the Supreme Court to consider whether a law comports with the
Constitution
Which of the following is NOT a purpose or function of law?
*Settle private and public disputes
*Determine procedures for changing the law
*Prevent desirable, or promote undesirable behavior
*Facilitate for private arrangements between individuals
Prevent desirable, or promote undesirable behavior
What is a precedent?
A controlling rule, example, or guide
The doctrine of a court following the precedent of an earlier court is knows as:
Stare decisis
What is a judicial view?
The power of the Supreme Court to consider whether a law comports with the
Constitution.
Which of the following laws has the least amount of power under the Supremacy
Claus?
State Laws
Agency is a ________ relationship (a legally binding agreement) between a
principal and an agent whereby the principal, expressly or implicitly, authorizes
the agent to work on his behalf and with the power to bind the principal.
Contract
An employer can be exposed to liability in tort (a civil wrong which causes
someone harm) for the acts or omissions of the employee. This employment law
is best known as:
Vicarious Liability
Employee conduct which is reasonably relative to a job description and
foreseeable by the employer as part of the job description is referred to as:
Scope of Employment
In the scope of employment context, which of the following is an example of frolic
and detour?
An employee runs a personal errand while driving to a meeting at a company branch
office.
"Let the master answer for the servant" applies to which vicarious liability
doctrine?
Respondeat superior
Of the following classifications of worker, which causes smallest obligation to the
employer?
,Independent Contractor
Which of the following is NOT one of the three different tests commonly used to
determine if a worker is an employee or an independent contractor?
*The economic realities test
*The IRS 20-factor analysis
*The common law agency test
*The working description test
The working description test
What is the main purpose of the economic realities test?
Determine whether the worker has little freedom to exit the relationship because they
are economically dependent on the business
The IRS has adopted the 20-factor analysis as a guide to employers in
determining if workers are indeed independent contractors. Which of the
following is NOT a factor?
*Integration: How closely the employer's business processes linked to a worker's
performance?
*Relationship: How many hours per year do the employee and employer spend
time together outside of work?
*Training: How much training does the employer give?
*Instructions: Who controls what, when and how work is to be done?
Relationship: How many hours per year do the employee and employer spend time
together outside of work?
TRUE or FALSE: Generally, partners, directors and major shareholders are not
employees.
TRUE
What is the definition of an employer?
An entity that employs another to work on his or her behalf for pay.
Operations of two or more employers are considered so intertwined that they can
considered a single employer for purposes of both federal statutory coverage and
liability. This is knows as:
Integrated Enterprise
When two or more entities, which are not engaged in an integrated exercise, exert
control over an employee such that each entity may be considered an employer,
this is known as the _______ doctrine.
Joint Employer
A business is a _____ employment agency if it regularly procures employees for
at least one covered employer.
Covered
Which of the following is NOT a qualification to fall under federal employment law
statutes?
*An entity is not engaged in an industry-affecting commerce
*An entity maintains a hiring hall which procures employees for at least one
covered employer
,*An entity membership exceeds certain number
*An entity represents the employees of an of an employer
An entity is not engaged in an industry-affecting commerce
Under the Employment-At-Will Doctrine, _____.
An employer may terminate an employee at any time, for any legal reason without
incurring liability.
The At-Will Doctrine has come under much criticism in the modern age because
_____.
It allows for possible harsh consequences for the employee.
Which of the following is NOT recognized exception to at-will doctrine under the
common law?
*Implied covenant of good faith
*Public Policy
*Economic sustainability
*Implied contract
*Economic sustainability
How many states recognize the the public policy exception?
44
If an employee is terminated for claiming minimum wage or overtime
compensation, engaging in union activities, opposing unlawful discriminatory
practices, filing for workers' compensation, or "whistleblowing," the employer
may face liability for a
retaliatory discharge
Employees may claim wrongful termination through _____ or constructive
discharge.
tort claims
What is the doctrine of Constructive Discharge?
Conditions of unfairness or mistreatment exist at work to such a degree that no
reasonable employee would feel he or she had any other option but to quit.
When a third party, perhaps a co-worker or client, pressures the employer to
terminate an employee without cause, _____ has occured.
Intentional interference with a contract.
_____ prohibits termination for anything other than good cause once an
employee has successfully passed a probationary period and allows for an
employee to seek arbitration for a termination dispute.
Montana Wrongful Discharge From Employment Act
TRUE or FALSE: The Montana Wrongful Discharge from Employment Act limits
employee damages for wrongful termination to four years of compensation.
TRUE
______ is/are the primary reason(s) U.S.C. section 1981 and the Civil Rights Act of
1871 were ineffective in improving the rights of blank Americans?
Lack of enforcement
On June 19, 1963, President John F. Kennedy sent comprehensive civil rights
legislation to Congress, asking it to:
, "Make a commitment it has not fully made in this century to the proposition that race has
no place in America life or law."
The Vll covers employers to have "_____ or more employees for each working
day in each of twenty or more calendar weeks in the current preceding calendar
year, and any agent such a person."
15
TRUE or FALSE: Title Vll does not prevent employers of businesses operated in
proximity to Native American reservations from preferring Indians over others for
jobs.
TRUE
Which of the following is not a specified protected class under Title Vll?
Sexual affinity or orientation
Which federal agency was created by the Civil Rights act of 1964 and tasked to
enforce federal anti-discrimination statutes.
EEOC
During its first few years, the EEOC lacked enforcement authority and had power
to only investigate discrimination and then refer meritorious claims to the _____
to pursue through litigation.
Department of Justice
The EEOC has influenced the judicial interpretation of civil rights legislation by
helping to define what constitutes _____.
Discrimination
The Age Discrimination in Employment Act of 1967 protects individuals who are
over what age?
40
Before an employee or job candidate can take a complaint of job discrimination
under the Title Vll to court, he/she must first:
File with the EEOC
What is disparate treatment under Title Vll
The intentional adverse of unequal treatment of an individual based upon a protected
class characteristic.
Disparate treatment may be established by _____ of discriminatory motive.
Direct evidence
Three employees were caught stealing. The two white employees are fired, but
the black employee is not. Being fired for stealing is a perfectly acceptable
business practice. Under what disparate treatment discrimination analysis might
the white employees show discrimination?
Comparative evidence
What is a bona fide occupational qualification?
The subject class characteristic is reasonably necessary to the normal operation of that
particular business or enterprise.
_____ discrimination is when an employer's policies have the purpose or effect of
assigning employees to particular aspects of a business enterprise based upon a
protected class characteristic and with no apparent legitimate business
necessity.
Pattern and Practice
Correct Answers with Complete Solutions 100%
Correct | 2024.
What is judicial review?
The power of the Supreme Court to consider whether a law comports with the
Constitution
Which of the following is NOT a purpose or function of law?
*Settle private and public disputes
*Determine procedures for changing the law
*Prevent desirable, or promote undesirable behavior
*Facilitate for private arrangements between individuals
Prevent desirable, or promote undesirable behavior
What is a precedent?
A controlling rule, example, or guide
The doctrine of a court following the precedent of an earlier court is knows as:
Stare decisis
What is a judicial view?
The power of the Supreme Court to consider whether a law comports with the
Constitution.
Which of the following laws has the least amount of power under the Supremacy
Claus?
State Laws
Agency is a ________ relationship (a legally binding agreement) between a
principal and an agent whereby the principal, expressly or implicitly, authorizes
the agent to work on his behalf and with the power to bind the principal.
Contract
An employer can be exposed to liability in tort (a civil wrong which causes
someone harm) for the acts or omissions of the employee. This employment law
is best known as:
Vicarious Liability
Employee conduct which is reasonably relative to a job description and
foreseeable by the employer as part of the job description is referred to as:
Scope of Employment
In the scope of employment context, which of the following is an example of frolic
and detour?
An employee runs a personal errand while driving to a meeting at a company branch
office.
"Let the master answer for the servant" applies to which vicarious liability
doctrine?
Respondeat superior
Of the following classifications of worker, which causes smallest obligation to the
employer?
,Independent Contractor
Which of the following is NOT one of the three different tests commonly used to
determine if a worker is an employee or an independent contractor?
*The economic realities test
*The IRS 20-factor analysis
*The common law agency test
*The working description test
The working description test
What is the main purpose of the economic realities test?
Determine whether the worker has little freedom to exit the relationship because they
are economically dependent on the business
The IRS has adopted the 20-factor analysis as a guide to employers in
determining if workers are indeed independent contractors. Which of the
following is NOT a factor?
*Integration: How closely the employer's business processes linked to a worker's
performance?
*Relationship: How many hours per year do the employee and employer spend
time together outside of work?
*Training: How much training does the employer give?
*Instructions: Who controls what, when and how work is to be done?
Relationship: How many hours per year do the employee and employer spend time
together outside of work?
TRUE or FALSE: Generally, partners, directors and major shareholders are not
employees.
TRUE
What is the definition of an employer?
An entity that employs another to work on his or her behalf for pay.
Operations of two or more employers are considered so intertwined that they can
considered a single employer for purposes of both federal statutory coverage and
liability. This is knows as:
Integrated Enterprise
When two or more entities, which are not engaged in an integrated exercise, exert
control over an employee such that each entity may be considered an employer,
this is known as the _______ doctrine.
Joint Employer
A business is a _____ employment agency if it regularly procures employees for
at least one covered employer.
Covered
Which of the following is NOT a qualification to fall under federal employment law
statutes?
*An entity is not engaged in an industry-affecting commerce
*An entity maintains a hiring hall which procures employees for at least one
covered employer
,*An entity membership exceeds certain number
*An entity represents the employees of an of an employer
An entity is not engaged in an industry-affecting commerce
Under the Employment-At-Will Doctrine, _____.
An employer may terminate an employee at any time, for any legal reason without
incurring liability.
The At-Will Doctrine has come under much criticism in the modern age because
_____.
It allows for possible harsh consequences for the employee.
Which of the following is NOT recognized exception to at-will doctrine under the
common law?
*Implied covenant of good faith
*Public Policy
*Economic sustainability
*Implied contract
*Economic sustainability
How many states recognize the the public policy exception?
44
If an employee is terminated for claiming minimum wage or overtime
compensation, engaging in union activities, opposing unlawful discriminatory
practices, filing for workers' compensation, or "whistleblowing," the employer
may face liability for a
retaliatory discharge
Employees may claim wrongful termination through _____ or constructive
discharge.
tort claims
What is the doctrine of Constructive Discharge?
Conditions of unfairness or mistreatment exist at work to such a degree that no
reasonable employee would feel he or she had any other option but to quit.
When a third party, perhaps a co-worker or client, pressures the employer to
terminate an employee without cause, _____ has occured.
Intentional interference with a contract.
_____ prohibits termination for anything other than good cause once an
employee has successfully passed a probationary period and allows for an
employee to seek arbitration for a termination dispute.
Montana Wrongful Discharge From Employment Act
TRUE or FALSE: The Montana Wrongful Discharge from Employment Act limits
employee damages for wrongful termination to four years of compensation.
TRUE
______ is/are the primary reason(s) U.S.C. section 1981 and the Civil Rights Act of
1871 were ineffective in improving the rights of blank Americans?
Lack of enforcement
On June 19, 1963, President John F. Kennedy sent comprehensive civil rights
legislation to Congress, asking it to:
, "Make a commitment it has not fully made in this century to the proposition that race has
no place in America life or law."
The Vll covers employers to have "_____ or more employees for each working
day in each of twenty or more calendar weeks in the current preceding calendar
year, and any agent such a person."
15
TRUE or FALSE: Title Vll does not prevent employers of businesses operated in
proximity to Native American reservations from preferring Indians over others for
jobs.
TRUE
Which of the following is not a specified protected class under Title Vll?
Sexual affinity or orientation
Which federal agency was created by the Civil Rights act of 1964 and tasked to
enforce federal anti-discrimination statutes.
EEOC
During its first few years, the EEOC lacked enforcement authority and had power
to only investigate discrimination and then refer meritorious claims to the _____
to pursue through litigation.
Department of Justice
The EEOC has influenced the judicial interpretation of civil rights legislation by
helping to define what constitutes _____.
Discrimination
The Age Discrimination in Employment Act of 1967 protects individuals who are
over what age?
40
Before an employee or job candidate can take a complaint of job discrimination
under the Title Vll to court, he/she must first:
File with the EEOC
What is disparate treatment under Title Vll
The intentional adverse of unequal treatment of an individual based upon a protected
class characteristic.
Disparate treatment may be established by _____ of discriminatory motive.
Direct evidence
Three employees were caught stealing. The two white employees are fired, but
the black employee is not. Being fired for stealing is a perfectly acceptable
business practice. Under what disparate treatment discrimination analysis might
the white employees show discrimination?
Comparative evidence
What is a bona fide occupational qualification?
The subject class characteristic is reasonably necessary to the normal operation of that
particular business or enterprise.
_____ discrimination is when an employer's policies have the purpose or effect of
assigning employees to particular aspects of a business enterprise based upon a
protected class characteristic and with no apparent legitimate business
necessity.
Pattern and Practice
