WGU D352 Employment and Labor Law Exam 190
Questions with Verified Answers
Judicial review - CORRECT ANSWER The power of the Supreme Court to consider
whether a law comports with the Constitution
Stare decisis - CORRECT ANSWER The doctrine of a court following the precedent
of an earlier court; "let the decision stand"
What is the supreme law of the land in the US? - CORRECT ANSWER Constitution
What is common law? - CORRECT ANSWER Opinions of judges in cases covering
hundreds of years
Agency - CORRECT ANSWER a contract relationship between a principal and an
agent; principal authorizes agent to work on his/her behalf and with the power to
bind the principal
Dual purpose mission - CORRECT ANSWER An employee conducts personal and
work business at the same time (employer liable for employee's actions)
Frolic and detour - CORRECT ANSWER An employee's physical departure from the
job in order to further his/her own agenda
Integrated enterprise - CORRECT ANSWER Operations of two or more employers
are considered so intertwined they can be considered a single employer
,Scope of employment - CORRECT ANSWER Employee conduct that is reasonably
relative to a job description
Supremacy clause - CORRECT ANSWER Mandates that the Constitution, under
federal law, treaties & federal regulations are the highest laws of the land
Tort - CORRECT ANSWER A civil wrong which causes someone harm
Vicarious liability - CORRECT ANSWER Secondary liability from the doctrine of
respondeat superior
Three exceptions to employment at will - CORRECT ANSWER 1. Public policy
2. Implied contract
3. Implied covenant of good faith
Public policy exception - CORRECT ANSWER Prohibits employer from terminating
an employee for reasons that violate public policy
Implied contract exception - CORRECT ANSWER A legally binding agreement
created by actions of the employer and employee
Implied covenant of good faith exception - CORRECT ANSWER A presumption that
each party in a contract will deal with each other in good faith and fairness
,Constructive discharge - CORRECT ANSWER Resignation of an employee because
an employer allows working conditions that are no longer tolerable
Describe intentional interference with a contract - CORRECT ANSWER A third party
pressures the employer to terminate an employee without cause
Title VII of the Civil Rights Act of 1964 - CORRECT ANSWER 1. Covers public/private
employers
2. Applies to employers with 15+ employees
3. Applies to protected classes based on race, color, sex, religion and national
origin
4. Enforced by EEOC
List remedies/penalties for violating Title VII of the CRA of 1964 - CORRECT
ANSWER Up to 2 years of back pay for lost earnings, compensatory awards,
punitive damages, return to job, employees may have to initiate an affirmative
action plan
Pregnancy Discrimination Act (PDA) - CORRECT ANSWER 1. Covers public/private
employers
2. Applies to employers with 15+ employees
3. Applies to pregnancy, childbirth, or pregnancy-related medical conditions
4. Enforced by EEOC
, List remedies/penalties for violating the PDA - CORRECT ANSWER Up to 2 years of
back pay for lost earnings, compensatory awards, punitive damages, return to job,
employees may have to initiate an affirmative action plan
Equal Pay Act (EPA) - CORRECT ANSWER 1. Covers public/private employers
2. Applies to ALL employers
3. Covers all aspects of compensation
4. Enforced by EEOC
List remedies for violating the EPA - CORRECT ANSWER Unpaid back wages and
may received amount equal to back wages as liquidated damages
Age Discrimination in Employment Act (ADEA) - CORRECT ANSWER 1. Covers
public/private employers
2. Applies to employers with 20+ employees
3. Applies to employees 40+ years of age
4. Prohibits mandatory retirement
5. Enforced by EEOC
List remedies/penalties for violating the ADEA - CORRECT ANSWER Back wages
and legal fees; liquidated damages if the employer acted willfully
Older Workers Benefit Protection Act (OWBPA) - CORRECT ANSWER 1. Covers
public/private employers
2. Applies to employers with 20+ employees
Questions with Verified Answers
Judicial review - CORRECT ANSWER The power of the Supreme Court to consider
whether a law comports with the Constitution
Stare decisis - CORRECT ANSWER The doctrine of a court following the precedent
of an earlier court; "let the decision stand"
What is the supreme law of the land in the US? - CORRECT ANSWER Constitution
What is common law? - CORRECT ANSWER Opinions of judges in cases covering
hundreds of years
Agency - CORRECT ANSWER a contract relationship between a principal and an
agent; principal authorizes agent to work on his/her behalf and with the power to
bind the principal
Dual purpose mission - CORRECT ANSWER An employee conducts personal and
work business at the same time (employer liable for employee's actions)
Frolic and detour - CORRECT ANSWER An employee's physical departure from the
job in order to further his/her own agenda
Integrated enterprise - CORRECT ANSWER Operations of two or more employers
are considered so intertwined they can be considered a single employer
,Scope of employment - CORRECT ANSWER Employee conduct that is reasonably
relative to a job description
Supremacy clause - CORRECT ANSWER Mandates that the Constitution, under
federal law, treaties & federal regulations are the highest laws of the land
Tort - CORRECT ANSWER A civil wrong which causes someone harm
Vicarious liability - CORRECT ANSWER Secondary liability from the doctrine of
respondeat superior
Three exceptions to employment at will - CORRECT ANSWER 1. Public policy
2. Implied contract
3. Implied covenant of good faith
Public policy exception - CORRECT ANSWER Prohibits employer from terminating
an employee for reasons that violate public policy
Implied contract exception - CORRECT ANSWER A legally binding agreement
created by actions of the employer and employee
Implied covenant of good faith exception - CORRECT ANSWER A presumption that
each party in a contract will deal with each other in good faith and fairness
,Constructive discharge - CORRECT ANSWER Resignation of an employee because
an employer allows working conditions that are no longer tolerable
Describe intentional interference with a contract - CORRECT ANSWER A third party
pressures the employer to terminate an employee without cause
Title VII of the Civil Rights Act of 1964 - CORRECT ANSWER 1. Covers public/private
employers
2. Applies to employers with 15+ employees
3. Applies to protected classes based on race, color, sex, religion and national
origin
4. Enforced by EEOC
List remedies/penalties for violating Title VII of the CRA of 1964 - CORRECT
ANSWER Up to 2 years of back pay for lost earnings, compensatory awards,
punitive damages, return to job, employees may have to initiate an affirmative
action plan
Pregnancy Discrimination Act (PDA) - CORRECT ANSWER 1. Covers public/private
employers
2. Applies to employers with 15+ employees
3. Applies to pregnancy, childbirth, or pregnancy-related medical conditions
4. Enforced by EEOC
, List remedies/penalties for violating the PDA - CORRECT ANSWER Up to 2 years of
back pay for lost earnings, compensatory awards, punitive damages, return to job,
employees may have to initiate an affirmative action plan
Equal Pay Act (EPA) - CORRECT ANSWER 1. Covers public/private employers
2. Applies to ALL employers
3. Covers all aspects of compensation
4. Enforced by EEOC
List remedies for violating the EPA - CORRECT ANSWER Unpaid back wages and
may received amount equal to back wages as liquidated damages
Age Discrimination in Employment Act (ADEA) - CORRECT ANSWER 1. Covers
public/private employers
2. Applies to employers with 20+ employees
3. Applies to employees 40+ years of age
4. Prohibits mandatory retirement
5. Enforced by EEOC
List remedies/penalties for violating the ADEA - CORRECT ANSWER Back wages
and legal fees; liquidated damages if the employer acted willfully
Older Workers Benefit Protection Act (OWBPA) - CORRECT ANSWER 1. Covers
public/private employers
2. Applies to employers with 20+ employees
