With Detailed Solutions
Worker Adjustment and Retraining Notification Act (WARN) (Time before
Mass Layoff) Correct Answer - Enacted in 1988, it gives terminated
workers an opportunity to search for other employment or obtain additional
training.
WARN requires employers with over 100 employees to provide detailed
written advance notification of plant closings and mass layoffs to affected
employees. 60 days advance notice for plant closings and mass layoffs.
Yellow Dog Contract Correct Answer - A document whereby an
employee agrees not to organize or join a union.
20-factor Analysis Correct Answer - A guide adopted by the Internal
Revenue Service for determining if a worker should be classified as an
independent contractor.
Affirmative Action (AA) Correct Answer - Any action taken by an
employer to overcome discriminatory effects of past or current practices that
create barriers to equal employment opportunity.
Affirmative Action Plan Correct Answer - "Plan that analyzes a
workforce to determine whether protected classes are underutilized in
different job groups and describes how an organization will address any
underutilization that exists."
Age Discrimination Correct Answer - Treating an applicant or employee
less favorably because of his or her age.
Age Discrimination in Employment Act (ADEA) Correct Answer -
Enacted in 1967, it protects employees who are 40 years of age and older.
Americans with Disabilities Act (ADA) Correct Answer - Employers with
15 or more employees are prohibited from discriminating against people with
disabilities. In general, the employment provisions of the ADA require equal
opportunity in selecting, testing, and hiring qualified applicants with
, disabilities; job accommodation for applicants and workers with disabilities
when such accommodations would not impose "undue hardship;" and equal
opportunity in promotion and benefits.
Tort Correct Answer - A civil wrong which causes someone harm.
U.S Constitution Correct Answer - Established America's national
government and fundamental laws, and guaranteed certain basic rights for its
citizens.
Sexual Harassment Correct Answer - Harassment directed at an
employee because of his or her gender.
Stare Decisis Correct Answer - (Latin for "let the decision stand") the
doctrine of a court following the precedent of an earlier court
Supremacy Clause Correct Answer - Article VI, Paragraph 2 of the
Constitution is commonly referred to as the Supremacy Clause. It establishes
that the federal constitution, and federal law generally, take precedence over
state laws, and even state constitutions.
Quid Pro Quo Correct Answer - (Latin for "this for that") The notion that
an employer seeks sexual favors in exchange for some positive employment
outcome for an employee.
Reasonable Accommodation Correct Answer - A reasonable change to
the work environment that allows an individual with a disability to perform
job functions.
Rebuttal Correct Answer - The action of contradicting or opposing by
formal legal argument, plea, or countervailing proof. In this step the plaintiff
responds to the employer during an EEOC discrimination claim hearing.
Reverse Discrimination Correct Answer - Discrimination that occurs
when an employer, acting under an affirmative action plan, favors one race or
gender in an employment decision.
Scope of Employment Correct Answer - Employee conduct that is
reasonably relative to a job description.