WGU - C233 - Employment Law Exam Question Bank. 1019 Questions with 100% Correct Answers | Verified | Updated 2024, With Complete Verified Solution. Actual Exam Question Included.

WGU - C233 - Employment Law Exam Question Bank. 1019 Questions with 100% Correct Answers | Verified | Updated 2024, With Complete Verified Solution. Actual Exam Question Included. 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. Agency Theory Person (e.g., a manager) is expected to act on behalf of a principal (e.g. the owner, or the company). Animus Mind set or intention. Arbitration A procedure for resolving collective bargaining impasses by which an arbitrator (third party) chooses a solution to the dispute. Bargaining Unit A group of employees performing jobs in an industry with sufficient "community of interests" to constitute a unit to be represented in collective bargaining. BFOQ Job requirement that an employee be a particular religion, sex, or national origin that is reasonably necessary to business operations. For instance, it is assumed that an opening for a Baptist minister at a local Baptist church would be filled by a minister who is actually a person who celebrates the Baptist religion and not, say, the Episcopal religion. Business Necessity A practice necessary for safe and efficient organizational operations. Case Law The law is laid down in the previous decisions of the courts (distinct from statutes or other sources of law). Civil Law laws that deal with the rights of people rather than with crimes. Color Skin pigmentation especially other than white; characteristic of race. Common Law Principles developed over centuries as a result of legal decisions made by judges in individual cases. Comparable Worth A public policy that advocates remedies for any undervaluation of women's jobs (also called pay equity). Complaint A formal allegation against a party. Conciliation Process where a third party acts as an intermediary between the parties to a labor dispute, helping them to reach a settlement. Conglomerate A highly diversified firm that has multiple businesses with no relationships. Constructive Discharge Dismissal that occurs when an employer forces an employee to resign by creating a work environment that is so unpleasant that a reasonable person would resign. Continual Training A mandate that all employers provide training to workers on a periodic basis and whenever an employee is hired or assigned to a new job. Covenant of Good Faith A presumption that each party in a contract will deal with each other in good faith and fairness. Defamation Communication that damages an individual's reputation in the community, preventing them from obtaining employment or other benefits. Discovery Procedures for gathering facts prior to the time of trial in order to eliminate the element of surprise in litigation. Disparate Impact Effect when an employment practice that may appear to be fair unintentionally discriminates against members of a protected class. Disparate Treatment Theory of discrimination based on different treatment given to individuals because of their race, color, religion, sex, national origin, age or disability status. Dual Purpose Doctrine/Mission Occurs when an employer conducts personal and work business at the same time; subjects the employer to liability for the employee's actions. Economic Realities Test A test that classifies a worker as an employee if the employee is substantially economically dependent on an employer. Courts which have applied the economic reality test look at the following: • the degree of control exerted by the alleged employer over the worker; • the worker's opportunity for profit or loss; • the worker's investment in the business; • the permanence of the working relationship; • the degree of skill required to perform the work; and • the extent to which the work is an integral part of the alleged employer's business. Employee One who performs services under the direction and control of another. Employer One who employs the services of others in exchange for wages. Employment at will U.S. law that states that organizations can generally hire, fire, or promote a person for any reason at any time. In addition, employees can leave for any reason at any time. LMRDA (Landrum Griffin Act) Law aimed at protecting union members from possible wrongdoing on the part of their union;. Third of the main union laws; 1959. Public Policy Exception Certain objectives relating to health, morals, and integrity of the government, that the law seeks to advance and uphold. Quid pro quo Legal term that means, in Latin, "this for that." QPQ harassment occurs when a supervisor or manager asks for sexual favors in return for a favorable employment action. Quota An official limit on the number or amount of people or things that are allowed. Race A local geographic or global human population distinguished as a distinct group by genetically transmitted physical characteristics. Reasonable Accommodation Adjustment of requirements of positions to accommodate qualified persons with disabilities. Reasonable Person Test Hypothetical person in society who exercises average care, skill, and judgment in conduct and who serves as a comparative standard for determining liability. Rebuttal The action of contradicting or opposing by formal legal argument, plea, or countervailing proof. Rehabilitation Act Expanded opportunities for individuals with physical or mental disabilities; provided remedies for victims of discrimination. Respondeat Superior Latin for "let the master answer." Common-law concept that means employers can be held liable for actions of their employees that are performed in the course of their employment and in the scope of their assigned duties or responsibilities. Retaliation Doing something bad to someone who has hurt you or treated you badly; to get revent against someone. Reverse Discrimination Preferential treatment with regard to hiring or tenure of employment that attempts to remedy past discrimination by means of quote or immunity from layoff. Scope of Employment Test Activities of an employee that are in furtherance of duties that are owed to an employer and where the employer is, or could be, exercising some control, directly or indirectly, over the activities of the employee. Sexual Harassment Harassment on the basis of sex that has the purpose or effect of substantially interfering with a person's work performance or creating an intimidating, hostile, or offensive work environment. Sexual Orientation Inclination of an individual with respect to heterosexual, homosexual, and bisexual behavior. Stare decisis The doctrine of a court following the precedent of an earlier court decision. Strike Decision by a union to stop working. Supremacy Clause Article VI, Paragraph 2, of the Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. Tangible Employment Action As defined by the Supreme Court, "a significant change in employment status, such as hiring, firing, failing to promote, re-assignment with significantly different responsibilities, or a decision causing a significant change in benefits." Temporary Employee Worker employed by an agency that screens and tests candidates prior to sending them to a work site for variable periods of time, from short, one-day assignments to longer assignments. Title VII of the Civil Rights Act Makes it unlawful to discriminate on the basis of an individual's race, color, national origin, religion, or sex with respect to employment. Tort Legal term used to describe an action that injures someone. Torts are not related to laws or contracts but can result in legal action: the part who has been injured can sue the wrongdoer and collect damages for the injury that has been done. U.S. Constitution Established America's national government and fundamental laws and guaranteed certain basic rights for its citizens. Undue Hardship Exception to the Americans with Disabilities Act (ADA) that weighs the cost of an accommodation against the size of the organization and other similar factors. Unemployment Insurance Provides benefits if a person is unable to work through some fault other than his or her own. Unfair Labor Practice (ULP) Action by an employer or a union that restrains or coerces employees from exercising their rights to organize and bargain collectively or to refrain from doing so. Unforeseeable Business Circumstance Exception to the Worker Adjustment and Retraining Notification Act (WARN Act) for employers whose business takes a sudden and unexpected negative turn that could not have been reasonable predicted. Vicarious Liability Legal concept that holds an employer accountable for the harmful actions of its employees, whether or not the employer is aware of those actions. Whistleblower Individual who reports real or perceived wrongs committed by the employer. Wildcat Strike Strike that occurs in violation of a contract clause prohibiting strikes during the term of the contract. Worker Adjustment and Retraining Notification Act (WARN) Passed in 1988 to provide protection to workers in mass layoffs or plant closings; requires 60 days notice be given when 100 or more FTEs will be impacted (additional rules/exceptions). Gives terminated workers an opportunity to search for other employment or obtain additional training. Workers Compensation A form of insurance that provides wage replacement and medical benefits for employees injured while at work in exchange for relinquishment of the right to sue the employer for negligence. Law A set of rules for human behavior which are established by legitimate authority and which have a binding force. Agency A contract relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent work on his or her behalf and with the power to bind the principal. Scope of Employment Involves employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description. Frolic and detour An employee's physical departure from the job in order to further their own interests, and not the employer's. Going and Coming Rule Legal principle that removes an employer's liability from employees' actions going to and from their place of employment. Common Law Agency Test Classifies a worker as an employee if the employer retains the right to control the method of work performed. USERRA Uniformed Services Employment and Reemployment Rights Act Covered Employment Agency An agency that regularly procures employees for at least one covered employer; subject to employment law regulation. Covered Employer An employer that is engaged in a commerce industry and employs 15 or more employees. Retaliatory Discharge Termination of an employee as punishment for engaging in a protected activity. Statute of Frauds A doctrine that requires certain contracts to be in writing. Intentional Interference with a contract An employee's claim that a third party pressures an employee without cause. Intentional Inflection of Emotional Distress An employee's claim that an employer terminated an employee in an intentionally reckless or outrageous manner that caused serious emotional and psychological damage. Civil Rights Act of 1964 Enacted in 1964; prohibits race discrimination in employment. Equal Pay Act of 1963 (EPA) Protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination The Rehabilitation Act of 1973 (Section 501s and 505) prohibit discrimination against qualified individuals with disabilities who work in the federal government The Civil Rights Act of 1991 Allows for compensatory and punitive damages for violations of Title VII The Uniformed Services Employment and Re-employment Rights Act Protects military personnel from employment discrimination. Direct Evidence Real, clear evidence of discrimination that requires no interference or consideration to prove its existence. Comparative Evidence Evidence of discrimination that is found by comparing two similarly situated employees who were treated differently because of a class characteristic. Pattern and Practice When an employer's policies have the effect of discrimination for no legitimate business necessity. Disparate Impact Discrimination (Adverse Impact) When a plaintiff claims not that the employer intentionally discriminated, but rather the employer's procedures, policies, or practices have the effect of creating an unnecessary obstacle to employment opportunity for a protected class. Pretext A false excuse used by an employer to cover up for discrimination. Adverse Job Action A negative job action that results from an employee's lawful actions. Retaliation Claim A complaint filed by an employee who feels he or she was discriminated against in violation of the law. Remedies A desired action resulting from a successful lawsuit. Back pay Monetary compensation for a plaintiff's lost earnings. Compensatory Damages Monetary compensation necessary to replace a plaintiff's losses. Punitive Damages Monetary damages designed to punish an employer who acted maliciously or recklessly. Reinstatement A remedy in which a former employee returns to his or her job. Front Pay Monetary compensation in lieu of reinstatement. Injunctive Relief A court order that prohibits a defendant from certain actions. Intelligence Tests