C233 Employment Law Assessment And
Class Notes Questions With Correct
Detailed Answers.
Which constitutional provision mandates that federal regulations have priority over
state? - ANSWER- Supremacy clause
Which doctrine is used by the US courts to align current cases with prior legal
decisions? - ANSWER- Stare decisis
Two corporations have combined their management and operations into a single place
with 30 total employees.
Which type of business relationship is formed that now requires both companies to
comply with federal employment law? - ANSWER- Integrated enterprise
Which test is used to distinguish an independent contractor from an amployee? -
ANSWER- Economic Realities Test
The employee handbook used by a temporary employment agency stated, 'Employees
may not be terminated except after first receiving an oral warning, then a formal written
warning.'
Which principle is demonstrated in the handbook? - ANSWER- Implied Contract
No employee with a company has ever been terminated without strict adherence to the
progessive discipline procedures outlined in the employee handbook.
How does the employee handbook apply in this situation? - ANSWER- It's an implied
contract
Which term indicates that an employer may terminate an employee at any time for any
legal reason wiithout incurring liability? - ANSWER- Employment at will
Which type of employment contract is created by the action of the employer and
employee rather than through a formal contract negotiation? - ANSWER- Implied
An employee claimed the need for special treatment based on Title VII of the Civil
Rights Act of 1964. What is the first question an HR professional should ask to
determine if this law applies to the employee? - ANSWER- Does the employee meet the
eligibility requirements?
To which agency did Title VII give authority to conduct its own enforcement litigation? -
ANSWER- EEOC
, A woman's shelter hires only women as intake specialists and is being sued for
disparate treatment.
Which role does HR have in relation to the EEOC? - ANSWER- Showing bona fide
occupational qualification
A 65 year old woman was passed over for a job. When she inquired about this, the
employer told her, 'We're looking to create a younger workforce.' Which type of
discrimination is reflected? - ANSWER- Disparate treatment
An organization requires that job applicants have at least a bachelor's . Applicants in a
protected class under Title VII claim that this requirement puts them at a disadvantage.
Which rule determines whether there was substantial impact on the protected class? -
ANSWER- Four-fifths rule
Which practice is descriptive of a church requiring clergy to be of a particular
denomination? - ANSWER- Bona fide occupational qualifiction
A company reduced a pregnant employee's hours from 40 per week to 8 o the basis
that she could no longer perform the fundamental requirements of her position. The
employee is suing the company.
What statute will help the employee's case? - ANSWER- Pregnancy Discriminaation Act
Which claim alleges that the work atmosphere has become sexually charged with
offensive behaviors that interferes with an employee's work performance? - ANSWER-
Hostile environment
A company sets a goal to hire 30% women in engineering jobs. A class action lawsuit
alleges that this preference will result in denying jobs to otherwise qualified males.
Which theory does this scenario illustrate from the male's perspective? - ANSWER-
Reverse Descrimination
Whose duty is it to suggest a reasonable accomidation that is not readily obvious? -
ANSWER- Employee
Which demonstrates the goal of affermative action? - ANSWER- Correcting
discriminatory practices
Which employer action is a possible employer defense to a claim asserted under the
Age Discrimination employment act? - ANSWER- Employing under 10 people ADEA
does not apply
An employee requests a schedule change to accomodate his religious practices.
According to Title VII, which action is considered an undue hardship for the employer? -
ANSWER- Mandating other employees chage their schedule against their objections
Class Notes Questions With Correct
Detailed Answers.
Which constitutional provision mandates that federal regulations have priority over
state? - ANSWER- Supremacy clause
Which doctrine is used by the US courts to align current cases with prior legal
decisions? - ANSWER- Stare decisis
Two corporations have combined their management and operations into a single place
with 30 total employees.
Which type of business relationship is formed that now requires both companies to
comply with federal employment law? - ANSWER- Integrated enterprise
Which test is used to distinguish an independent contractor from an amployee? -
ANSWER- Economic Realities Test
The employee handbook used by a temporary employment agency stated, 'Employees
may not be terminated except after first receiving an oral warning, then a formal written
warning.'
Which principle is demonstrated in the handbook? - ANSWER- Implied Contract
No employee with a company has ever been terminated without strict adherence to the
progessive discipline procedures outlined in the employee handbook.
How does the employee handbook apply in this situation? - ANSWER- It's an implied
contract
Which term indicates that an employer may terminate an employee at any time for any
legal reason wiithout incurring liability? - ANSWER- Employment at will
Which type of employment contract is created by the action of the employer and
employee rather than through a formal contract negotiation? - ANSWER- Implied
An employee claimed the need for special treatment based on Title VII of the Civil
Rights Act of 1964. What is the first question an HR professional should ask to
determine if this law applies to the employee? - ANSWER- Does the employee meet the
eligibility requirements?
To which agency did Title VII give authority to conduct its own enforcement litigation? -
ANSWER- EEOC
, A woman's shelter hires only women as intake specialists and is being sued for
disparate treatment.
Which role does HR have in relation to the EEOC? - ANSWER- Showing bona fide
occupational qualification
A 65 year old woman was passed over for a job. When she inquired about this, the
employer told her, 'We're looking to create a younger workforce.' Which type of
discrimination is reflected? - ANSWER- Disparate treatment
An organization requires that job applicants have at least a bachelor's . Applicants in a
protected class under Title VII claim that this requirement puts them at a disadvantage.
Which rule determines whether there was substantial impact on the protected class? -
ANSWER- Four-fifths rule
Which practice is descriptive of a church requiring clergy to be of a particular
denomination? - ANSWER- Bona fide occupational qualifiction
A company reduced a pregnant employee's hours from 40 per week to 8 o the basis
that she could no longer perform the fundamental requirements of her position. The
employee is suing the company.
What statute will help the employee's case? - ANSWER- Pregnancy Discriminaation Act
Which claim alleges that the work atmosphere has become sexually charged with
offensive behaviors that interferes with an employee's work performance? - ANSWER-
Hostile environment
A company sets a goal to hire 30% women in engineering jobs. A class action lawsuit
alleges that this preference will result in denying jobs to otherwise qualified males.
Which theory does this scenario illustrate from the male's perspective? - ANSWER-
Reverse Descrimination
Whose duty is it to suggest a reasonable accomidation that is not readily obvious? -
ANSWER- Employee
Which demonstrates the goal of affermative action? - ANSWER- Correcting
discriminatory practices
Which employer action is a possible employer defense to a claim asserted under the
Age Discrimination employment act? - ANSWER- Employing under 10 people ADEA
does not apply
An employee requests a schedule change to accomodate his religious practices.
According to Title VII, which action is considered an undue hardship for the employer? -
ANSWER- Mandating other employees chage their schedule against their objections
