Questions
Which constitutional provision mandates that federal regulations have
priority over state law? Correct Answer - Supremacy Clause
Which doctrine is used by U.S. courts to align current cases with prior legal
decisions? Correct 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? Correct Answer -
Integrated enterprise
Which test is used to distinguish an independent contractor from an
employee? Correct Answer - Economic realities test
The employee handbook used by a temporary employment agency stated,
"Employees may not be terminated after first receiving an oral warning, then
a formal written warning."
Which principle is demonstrated in the handbook? Correct Answer -
Implied contract
No employee with a company has ever been terminated without strict
adherence to the progressive discipline procedures outlined in the employee
handbook.
How does the employee handbook apply in this situation? Correct Answer -
It is an implied contract for employees.
What determines employer liability under the respondeat superior doctrine?
Correct Answer - The scope of employment.
, Which term indicates that an employer may terminate an employee at any
time, for any legal reason, without incurring liability? Correct Answer -
Employment-at-will
Which type of employment contract is created by the actions of the employer
and employee rather than through a formal contract negotiation? Correct
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 a human resources professional should ask to
determine if this law applies to the employee? Correct Answer - Does the
employee meet the eligibility requirements?
To which agency did Title VII give authority to conduct its own enforcement
litigation? Correct Answer - EEOC
A women's shelter hires only women as intake specialists and is being sued
for disparate treatment.
Which role does human resources have in relation to the Equal Employment
Opportunity Commission (EEOC) in this scenario Correct 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 in the scenario? Correct Answer -
Disparate treatment
An organization requires that job applicants have at least a bachelor's degree.
Applicants in a protected class under Title VII claim that this requirement puts
them at a disadvantage.
Which rule determines whether there was a substantial impact on the
protected class? Correct Answer - Four-fifths rule