WGU C233 Exam Questions with 100% Correct Answers 2024

WGU C233 Exam Questions with 100% Correct Answers 2024 Precedent - answerA controlling rule, example, or guide Judicial Review - answerPower of the Supreme Court to consider whether a law comports with the Constitution Scope of Employment - answerEmployee conduct reasonably relative to a job description and foreseeable by the employer as part of that job description 3 Independent Contractor tests - answer1-Common Law Agency; 2-Economic Realities; 3- IRS 20-Factor Analysis Economic Realities Test - answerUsed to determine if an employee has little freedom to exit the relationship because they're economically dependent on the business 20-Factor Analysis - answer1-Integration (how closely are the employer business procedures linked to worker performance); 2-Instruction (who controls when, where and how work is to be done); 3-Training (how much training does the employer give) Exceptions to At-Will Employment - answer1) Public Policy 2) Implied covenant of good faith and fair dealing 3) Contract term 4) Doctrine of Promissory Estoppel 5) Exceptions defined by statutes, i.e. Worker Adjustment and Retraining Notification (WARN) Retaliatory Discharge - answerOccurs when employee is terminated for claiming minimum wage or overtime compensation, engaging in union, opposing unlawful discrimination practices, whistleblowing, filing for worker's comp, etc. Constructive Discharge - answerOccurs when an employer makes working conditions so intolerable that an employee has no choice but to resign. Montana Wrongful Discharge from Employment Act - answerProhibits termination for other than good cause once an employee has passed the probationary period. Allows employee to seek arbitration for a termination dispute. Title VII application continues for how long after the firm reaches how many employees? - answer1 year; 15 employees Equal Employment Opportunity Act - answer1972 law giving the EEOC authority to conduct their own enforcement litigations Equal Pay Act of 1963 - answerprotects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination In which sector does the ADA and ADAAA prohibit discrimination? - answerPublic and Private Discriminatory Intent - answerAn employers decision to take some adverse action against an applicant or employee based upon KNOWLEDGE and CONSIDERATION of a protected class characteristic that has little or nothing to do with how they can perform the essential functions of the job Pattern and Practice - answerWhen 50% of employees are minorities or women and are concentrated in low-paying positions while all white employees are in high-paying management positions Griggs vs Duke Power - answerSeminal case establishing the concept of Disparate Impact Disparate Impact - answerFacially neutral policy/procedure that has the effect of creating an unnecessary obstacle for employment for a specific protected class Examples of Disparate Impact - answerHeight/Weight; Language; Physical Strenghth; Educational Requirements; Dress Code; No Beard Policy McDonnell Douglas vs Green - answerPretexual Discrimination case--Supposed legitimate reasons for adverse employment action merely a pretext or cover-up for discrimination Pregnancy Discrimination Act - answerProhibits employment discrimination against women on the basis of pregnancy, childbirth, and related medical decisions Equal Pay Act - answer1963 law that required both men and women to receive equal pay for equal work; must be working in the same place, doing equal work, and receiving different and unequal pay Merritor Savings Bank v. Vinson (1986) - answerEstablished Hostile Work Environment in sexual harassment cases; harassment didn't cause a tangible job action, financial injury, but did cause hostile environment. A victim's sexual history/behavior is immaterial tot he harassment claim Burlington vs. Ellerth and Farragher vs Boca Raton - answerEmployer may avoid liability for a supervisor's harassment by proving they exercised reasonable care to prevent correct the harassment through training and policy enforcement and the plaintiff unreasonably failed to take advantage of the preventative or corrective opportunities How much can be awarded in a sexual harassment claim? - answer$300,000` ADEA - answerAge Discrimination Employment Act—forbids discrimination against any person aged 40 or older in hiring, firing, promotion, or other aspect of employment. Applies to companies with 20 or more employees RFOA - answerReasonable Factor Other Than Age: facially-neutral company policy that has a negative impact on ADEA employees OWBPA - answerOlder Workers Benefits Protection Act 1990: protects older workers from potential abuse and prevents circumvention around ADEA protections Employers with 20+ employees covered. Who faces the most religious discrimination in the workplace? - answerMuslims Religion - answerTraditional organized religions, as well as new, informal, small or personal religions. Title VII bases religion on ultimate ideas of life, purpose and death. Only need to accommodate practices arising out of sincerely-held beliefs Undue Hardship considerations - answerEmployer Efforts Employer Costs Size of Employer Race (as defined by the EEOC) - answerAncestry--ethnic background. Race-associated illness (diabetes, obesity); physical characteristics (color, hair, weight) Largest number of immigrants in the US - answerAsian and Latino Immigration Reform and Control Act of 1986 - answerProhibits discrimination in firms with or more employees Immigration Reform and Control Act of 1986 - answerProhibits discrimination in firms with 4 or more employees Rehabilitation Act of 1973 - answerGoverns authorization for grants to states for voc rehab to those with severe disabilities. Expanded previous responsibilities for research and training