WGU - C233 - Employment Law Exam Question Bank.
1019 Questions with 100% Correct Answers | Verified |
Updated 2024, With Complete Verified Solution.
Family and Medical Leave Act (FMLA)
Provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires
that their group health coverage benefits be maintained during the leave.
Federal Mediation and Conciliation Service (FMCS)
Established by Taft-Hartley; an agency to help management and labor settle labor contract disputes.
Fellow servant rule
An employer defense that another employee, not the employer, caused a workplace injury.
First written warning
Second 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.
Four-fifths Rule
States that an employment test or other screening device/process has a disparate impact if the hiring
rate for a minority group is less than four-fifths (80%) of the hiring rate for the majority group.
Gender Discrimination
The stereotyping of how a male or how a female should act.
General duty clause
Standard that requires employers to provide jobs and a workplace environment that are free from
recognized safety and health hazards that could potentially cause death or serious physical harm. This
standard also requires employers to comply with all OSHA rules, regulations, and standards.
Hostile Work Environment
As deigned by the Equal Employment Opportunity Commission (EEOC), a work environment in which an
individual or individuals are subjected to a pattern of harassment biased according to protected
classifications or unwelcome verbal or physical conduct "when submission to or rejection of this conduct
explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's
work performance, or creates an intimidating, hostile, or offensive work environment."
I-9
Form enacted under IRCA (Immigration Reform and Control Act) that documents employee identity and
right to work in the U.S. (specifies acceptable documents).
,immigration Reform and Control ACt (IRCA)
Made it illegal in the U,S, to hire or continue to employ individuals who are legally authorized to work.
Implied Contract
An agreement created through the actions of the employer and employee rather than through
negotiation and documentation. Employee handbooks may be argued to create this.
Independent Contractor
Self-employed individual who works for multiple customers and clients on a project or fee basis.
Integrated Enterprise
A business environment in which operations of two or more employers are intertwined that they can be
considered as a single employer for purposes of federal statutory coverage and liability.
Intelligence tests
Standardized assessments designed to assess human ability to learn or understand or to deal with new
or trying situations.
IRS 20-factor Analysis
Guide to employers in determining if workers are indeed independent contractors; 20 items.
Joint Ownership
Right of ownership shared by two or more owners such that on the death of an owner his right passes on
to surviving owner(s), the last survivor becoming the full owner.
Judicial Review
The power of the Supreme Court to consider whether a law complies with the Constitution.
Limited Liability Partnership
A form of general partnership that provides an individual partner protection against personal liability for
certain partnership obligations.
LMRA (Taft-Hartley Act)
Law that prohibited unfair union labor practices and put forth the rights of employees as union
members. Second of three main union laws; 1947; considered pro-management.
Lockout
Result that occurs when management shuts down operations to keep employees from working.
Mandatory Bargaining Issues
Items in collective bargaining that a party must discuss/negotiate if they are introduced by the other
party. Examples include pay and employee security.
,Mediation
A procedure for resolving collective bargaining impasses by a mediator (third party) with no formal
authority who acts as a facilitator and go-between in the negotiations.
National Origin
Location of birth.
Negligent Hiring
A claim in which the employer knew or should have known about an employee's history of violence or
untrustworthiness.
Negligent Referral
A claim in which an employer has provided an untrue reference which omits information about an
employee's dangerous and criminal behavior.
Negligent Retention
A claim that arises when an employer fails to terminate an employee when it is apparent that he or she
poses a danger to others.
NLRA (Wagner Act)
The NLRA guarantees the right of employees to organize and bargain collectively with their employers.
Established the National Labor Relations Board for enforcement and oversight of those worker rights.
NLRB
Government agency established by the NLRA to enforce its provisions. It is charged with conducting
elections and preventing and remedying unfair labor practices. The NLRB does not instigate actions of its
own, it merely responds to charges of unfair labor practices or petition for representation elections files
in one of its offices.
Older Workers Benefit Protection Act (OWBPA)
Prohibits discrimination against older workers in all employee benefit plans unless age-based reductions
are justified by significant cost considerations. Protects waiving of employee rights (for the employee).
Oral Contract
Verbal agreement (e.g., offer and acceptance).
OSHA
The 1970 safety and health act establishing workplace standards for safety and establishing the
Occupational Safety and Health Administration for enforcement and oversight of those standards.
Permissive Bargaining Issues
Also know as voluntary bargaining issues. These items can be negotiated only on agreement by labor and
management. (Cannot hold up reaching a bargaining agreement).
, Pre-adverse Action
Requirement under FCRA that the employer notify a candidate within 3 business days of the intent to
take a negative action based on the credit report.
Precedent
A controlling rule, example, or guide—which provided a framework for other judges to follow in deciding
later cases.
Pregnancy Discrimination Act (PDA)
This act recognizes pregnancy as a temporary disability and prohibits applicants from being
discriminated against in the recruitment process because of pregnancy, childbirth, or related medical
conditions. (amendment to Title VII)
Prima Facie
Latin for "on the face of it." Such evidence by itself would establish the claim or defense of the party if
the evidence were believed. [pronounced "pry-muh fay-she"]
Privacy Act of 1975
Prohibited federal agencies from sharing information collected about individuals.
Progressive Discipline
Performance management tool designed to modify employee behavior; set of steps outlined for use to
tie the employee's responsibility and consequences.
Americans with Disabilities Act (ADA)
Employers with 15 or more employees are prohibited from discriminating against people with
disabilities. In general, the employment provisions of the ADA require equal opportunity in selecting,
testing, and hiring qualified applicants with disabilities; job accommodation for applicants and workers
with disabilities when such accommodations would not impose "undue hardship" and equal opportunity
in promotion and benefits.
Affirmative Action
Making an extra effort to hire and promote those in protected groups, particularly when those groups
are underrepresented.
Affirmative Action Plan
Plan that analyzes a workforce to determine whether protected classes are underutilized in different job
groups and describes how an organization will address any under-utilization that exists.
Age Discrimination in Employment Act (ADEA)
Act prohibiting arbitrary age discrimination and specifically protecting individuals over 40 years of age.
Applies to public and private employers and unions with more than 15 employees.
1019 Questions with 100% Correct Answers | Verified |
Updated 2024, With Complete Verified Solution.
Family and Medical Leave Act (FMLA)
Provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires
that their group health coverage benefits be maintained during the leave.
Federal Mediation and Conciliation Service (FMCS)
Established by Taft-Hartley; an agency to help management and labor settle labor contract disputes.
Fellow servant rule
An employer defense that another employee, not the employer, caused a workplace injury.
First written warning
Second 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.
Four-fifths Rule
States that an employment test or other screening device/process has a disparate impact if the hiring
rate for a minority group is less than four-fifths (80%) of the hiring rate for the majority group.
Gender Discrimination
The stereotyping of how a male or how a female should act.
General duty clause
Standard that requires employers to provide jobs and a workplace environment that are free from
recognized safety and health hazards that could potentially cause death or serious physical harm. This
standard also requires employers to comply with all OSHA rules, regulations, and standards.
Hostile Work Environment
As deigned by the Equal Employment Opportunity Commission (EEOC), a work environment in which an
individual or individuals are subjected to a pattern of harassment biased according to protected
classifications or unwelcome verbal or physical conduct "when submission to or rejection of this conduct
explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's
work performance, or creates an intimidating, hostile, or offensive work environment."
I-9
Form enacted under IRCA (Immigration Reform and Control Act) that documents employee identity and
right to work in the U.S. (specifies acceptable documents).
,immigration Reform and Control ACt (IRCA)
Made it illegal in the U,S, to hire or continue to employ individuals who are legally authorized to work.
Implied Contract
An agreement created through the actions of the employer and employee rather than through
negotiation and documentation. Employee handbooks may be argued to create this.
Independent Contractor
Self-employed individual who works for multiple customers and clients on a project or fee basis.
Integrated Enterprise
A business environment in which operations of two or more employers are intertwined that they can be
considered as a single employer for purposes of federal statutory coverage and liability.
Intelligence tests
Standardized assessments designed to assess human ability to learn or understand or to deal with new
or trying situations.
IRS 20-factor Analysis
Guide to employers in determining if workers are indeed independent contractors; 20 items.
Joint Ownership
Right of ownership shared by two or more owners such that on the death of an owner his right passes on
to surviving owner(s), the last survivor becoming the full owner.
Judicial Review
The power of the Supreme Court to consider whether a law complies with the Constitution.
Limited Liability Partnership
A form of general partnership that provides an individual partner protection against personal liability for
certain partnership obligations.
LMRA (Taft-Hartley Act)
Law that prohibited unfair union labor practices and put forth the rights of employees as union
members. Second of three main union laws; 1947; considered pro-management.
Lockout
Result that occurs when management shuts down operations to keep employees from working.
Mandatory Bargaining Issues
Items in collective bargaining that a party must discuss/negotiate if they are introduced by the other
party. Examples include pay and employee security.
,Mediation
A procedure for resolving collective bargaining impasses by a mediator (third party) with no formal
authority who acts as a facilitator and go-between in the negotiations.
National Origin
Location of birth.
Negligent Hiring
A claim in which the employer knew or should have known about an employee's history of violence or
untrustworthiness.
Negligent Referral
A claim in which an employer has provided an untrue reference which omits information about an
employee's dangerous and criminal behavior.
Negligent Retention
A claim that arises when an employer fails to terminate an employee when it is apparent that he or she
poses a danger to others.
NLRA (Wagner Act)
The NLRA guarantees the right of employees to organize and bargain collectively with their employers.
Established the National Labor Relations Board for enforcement and oversight of those worker rights.
NLRB
Government agency established by the NLRA to enforce its provisions. It is charged with conducting
elections and preventing and remedying unfair labor practices. The NLRB does not instigate actions of its
own, it merely responds to charges of unfair labor practices or petition for representation elections files
in one of its offices.
Older Workers Benefit Protection Act (OWBPA)
Prohibits discrimination against older workers in all employee benefit plans unless age-based reductions
are justified by significant cost considerations. Protects waiving of employee rights (for the employee).
Oral Contract
Verbal agreement (e.g., offer and acceptance).
OSHA
The 1970 safety and health act establishing workplace standards for safety and establishing the
Occupational Safety and Health Administration for enforcement and oversight of those standards.
Permissive Bargaining Issues
Also know as voluntary bargaining issues. These items can be negotiated only on agreement by labor and
management. (Cannot hold up reaching a bargaining agreement).
, Pre-adverse Action
Requirement under FCRA that the employer notify a candidate within 3 business days of the intent to
take a negative action based on the credit report.
Precedent
A controlling rule, example, or guide—which provided a framework for other judges to follow in deciding
later cases.
Pregnancy Discrimination Act (PDA)
This act recognizes pregnancy as a temporary disability and prohibits applicants from being
discriminated against in the recruitment process because of pregnancy, childbirth, or related medical
conditions. (amendment to Title VII)
Prima Facie
Latin for "on the face of it." Such evidence by itself would establish the claim or defense of the party if
the evidence were believed. [pronounced "pry-muh fay-she"]
Privacy Act of 1975
Prohibited federal agencies from sharing information collected about individuals.
Progressive Discipline
Performance management tool designed to modify employee behavior; set of steps outlined for use to
tie the employee's responsibility and consequences.
Americans with Disabilities Act (ADA)
Employers with 15 or more employees are prohibited from discriminating against people with
disabilities. In general, the employment provisions of the ADA require equal opportunity in selecting,
testing, and hiring qualified applicants with disabilities; job accommodation for applicants and workers
with disabilities when such accommodations would not impose "undue hardship" and equal opportunity
in promotion and benefits.
Affirmative Action
Making an extra effort to hire and promote those in protected groups, particularly when those groups
are underrepresented.
Affirmative Action Plan
Plan that analyzes a workforce to determine whether protected classes are underutilized in different job
groups and describes how an organization will address any under-utilization that exists.
Age Discrimination in Employment Act (ADEA)
Act prohibiting arbitrary age discrimination and specifically protecting individuals over 40 years of age.
Applies to public and private employers and unions with more than 15 employees.
