WGU C233-- Employment Law: Topics 1 & 2
questions with verified answers
Adverse Job Action Ans✓✓✓ Negative job action that results in an employee's
lawful actions.
Bona Fide Occupational Qualification (BFOQ) Ans✓✓✓ The subject class
characteristic is reasonably necessary to the normal operation of that particular
business or enterprise. Ex. Hooters only hires women which is how they market
their business.
Civil Rights Act of 1964---- Title VII Ans✓✓✓ Protects all workers from
discrimination (race, color, sex); however it does not currently list sexual affinity
or orientation. It covers employers with 15 or more employees in a working day
or 22 or more in a calendar week. It does not prevent employers of businesses
operated in proximity to Native American reservations from preferring Indians
over others for jobs.
Common Law Agency Test Ans✓✓✓ A worker is an employee if the employer
maintains the right to control the method of work performed. For example, a
worker classified as an independent contractor, but who must conform to strict
standards of work hours, grooming, dress, billing processes, reporting procedures,
and so on, is really an employee.
Constructive Discharge Ans✓✓✓ When an employer allows intolerable
conditions of unfairness or mistreatment to exist at work to such a degree that no
reasonable employee would feel he or she had any other option but to quit. For
example: sexual or other harassment, failure to accommodate a disability, or
excessive pressure to retire.
, Disparate Impact Discrimination Ans✓✓✓ plaintiff claims not that the employer
intentionally discriminated, but rather the employer's procedures, policies, or
practices are "not job-related and consistent with a business necessity" and have
the effect of creating an unnecessary obstacle to employment opportunity for a
specific protected class. Disparate treatment discrimination is directed at an
individual, while disparate impact discrimination is directed at a class of persons.
Disparate Treatment Ans✓✓✓ Theory of discrimination based on different
treatment given to individuals because of their race, color, religion, sex, national
origin, age or disability status.
Economic Realities Test Ans✓✓✓ Looks past technical, common-law concepts of
the master/servant relationship to determine whether the "economic reality" of a
working relationship renders a worker substantially dependent on a given
employer. The deciding point is whether the worker has little freedom to exit the
relationship because he or she is economically dependent on the business to
which he or she renders service.
Employment-at-will Ans✓✓✓ A predominant rule governing employee-employer
relationships that states an employer may terminate an employee at any time, for
any legal reason, without incurring liability.
Equal Employment Opportunity Commission (EEOC) Ans✓✓✓ A federal agency
created by Civil Rights Act of 1964 that enforces federal anti-discrimination
statutes and provides oversight for all federal equal opportunity standards in
employment regulations. It investigates employment discrimination claims and,
when necessary, brings civil suits against employers.
Examples of a neutral policies and protected class(es) which may be impacted by
the policy: Ans✓✓✓ Height and weight restrictions - gender/national origin
questions with verified answers
Adverse Job Action Ans✓✓✓ Negative job action that results in an employee's
lawful actions.
Bona Fide Occupational Qualification (BFOQ) Ans✓✓✓ The subject class
characteristic is reasonably necessary to the normal operation of that particular
business or enterprise. Ex. Hooters only hires women which is how they market
their business.
Civil Rights Act of 1964---- Title VII Ans✓✓✓ Protects all workers from
discrimination (race, color, sex); however it does not currently list sexual affinity
or orientation. It covers employers with 15 or more employees in a working day
or 22 or more in a calendar week. It does not prevent employers of businesses
operated in proximity to Native American reservations from preferring Indians
over others for jobs.
Common Law Agency Test Ans✓✓✓ A worker is an employee if the employer
maintains the right to control the method of work performed. For example, a
worker classified as an independent contractor, but who must conform to strict
standards of work hours, grooming, dress, billing processes, reporting procedures,
and so on, is really an employee.
Constructive Discharge Ans✓✓✓ When an employer allows intolerable
conditions of unfairness or mistreatment to exist at work to such a degree that no
reasonable employee would feel he or she had any other option but to quit. For
example: sexual or other harassment, failure to accommodate a disability, or
excessive pressure to retire.
, Disparate Impact Discrimination Ans✓✓✓ plaintiff claims not that the employer
intentionally discriminated, but rather the employer's procedures, policies, or
practices are "not job-related and consistent with a business necessity" and have
the effect of creating an unnecessary obstacle to employment opportunity for a
specific protected class. Disparate treatment discrimination is directed at an
individual, while disparate impact discrimination is directed at a class of persons.
Disparate Treatment Ans✓✓✓ Theory of discrimination based on different
treatment given to individuals because of their race, color, religion, sex, national
origin, age or disability status.
Economic Realities Test Ans✓✓✓ Looks past technical, common-law concepts of
the master/servant relationship to determine whether the "economic reality" of a
working relationship renders a worker substantially dependent on a given
employer. The deciding point is whether the worker has little freedom to exit the
relationship because he or she is economically dependent on the business to
which he or she renders service.
Employment-at-will Ans✓✓✓ A predominant rule governing employee-employer
relationships that states an employer may terminate an employee at any time, for
any legal reason, without incurring liability.
Equal Employment Opportunity Commission (EEOC) Ans✓✓✓ A federal agency
created by Civil Rights Act of 1964 that enforces federal anti-discrimination
statutes and provides oversight for all federal equal opportunity standards in
employment regulations. It investigates employment discrimination claims and,
when necessary, brings civil suits against employers.
Examples of a neutral policies and protected class(es) which may be impacted by
the policy: Ans✓✓✓ Height and weight restrictions - gender/national origin
