Page 1 of 93
WGU D352 Employment and Labor Law
Exam and Study Guide – Complete 280
Questions with Verified Detailed Answers
Official Exam Overview:
The WGU D352 Employment and Labor Law Exam evaluates learners’ understanding of labor
regulations, employee rights, employer obligations, and workplace legal standards. The exam
emphasizes employment discrimination, workplace safety, labor relations, and legal remedies for
employee grievances, including claims of emotional distress.
Exam Coverage Areas:
• Employment Law Fundamentals and Regulatory Frameworks
• Labor Relations and Collective Bargaining
• Workplace Discrimination and Harassment
• Employee Rights and Employer Responsibilities
• Remedies for Workplace Violations, Including Emotional Distress
• Legal Standards for Liability and Workplace Conduct
• Multiple Choice and Short Answer Question Formats
QUESTION 1: What are the elements necessary to establish a prima facie case of intentional
infliction of emotional distress?
1. Extreme and outrageous conduct by the defendant ✅
2. The defendant's intent to cause, or reckless disregard of the likelihood of causing, emotional
distress ✅
3. Severe emotional distress suffered by the plaintiff as a direct result of the defendant’s
conduct ✅
Rationale: To succeed in a claim of intentional infliction of emotional distress, the plaintiff must
prove that the defendant engaged in extreme conduct with the intent (or reckless disregard) to cause
harm, resulting in severe emotional distress.
QUESTION 2: Which federal law prohibits employment discrimination based on race, color,
religion, sex, or national origin?
a) Fair Labor Standards Act (FLSA)
b) Title VII of the Civil Rights Act ✅
c) Occupational Safety and Health Act (OSHA)
d) Americans with Disabilities Act (ADA)
Rationale: Title VII prohibits workplace discrimination on the basis of race, color, religion, sex, or
national origin.
,QUESTION 3: Which agency enforces workplace safety standards in the United States?
a) EEOC
b) OSHA ✅
c) NLRB
d) DOJ
Rationale: The Occupational Safety and Health Administration (OSHA) enforces safety and
health regulations to ensure safe working conditions.
QUESTION 4: What is the main purpose of the National Labor Relations Act (NLRA)?
a) Regulate employee wages
b) Protect employees’ rights to organize and engage in collective bargaining ✅
c) Set mandatory retirement ages
d) Limit overtime work
Rationale: The NLRA safeguards employees’ rights to unionize, engage in collective bargaining,
and take protected concerted actions.
QUESTION 5: Which element is NOT required to prove intentional infliction of emotional
distress?
a) Extreme and outrageous conduct
b) Intent or reckless disregard
c) Actual severe emotional distress
d) Monetary loss unrelated to emotional distress ✅
Rationale: While severe emotional distress is required, monetary loss unrelated to the emotional
impact is not a necessary element for establishing this tort.
List the elements necessary for establishing a prima facie case of intentional infliction of
emotional distress.
1. Extreme and outrageous conduct by a defendant.
2. The defendants' intention of causing, or reckless disregard of the likelihood of causing,
emotional distress
3. The plaintiff's suffering of severe emotional distress (and as a direct result of the defendant's
extreme and outrageous conduct.
How could qualified privilege provide a defense for defamation?
Qualified privilege must have the absence of malice for defense, ie- when one person
communicates with another who has the legitimate need to know the information (such as an
employee telling a supervisor of another employee's performance, as long as what the
employee is saying is in "good faith."
,Qualified Privilege
employers who give references are liable only for false statements that they know to be false or
that are primarily motivated by ill will
Tortious interference with a contract
Conduct by one party that results in another's breaching her contract with a third party.
What are the main elements of tortious interference with contract?
1
, Page 2 of 93
A cause of action aimed at a third party who allegedly caused the plaintiff to be fired or
interferes with his/her ability to get a job.
The third party must interfere for an improper reason, ie-animosity toward plaintiff, and not for
a valid business reason in order to beheld responsible for this tort
Describe the difference between mediation and arbitration.
List and describe exceptions to employment at will.
Exceptions to employment at will include:
*Public Policy Exception
*Implied Contract Exception
*Implied Covenant of Good Faith and Fair Dealing
**in addition to a collective bargaining agreement and the Model Employment Termination
Act.
Four examples of Public Policy
1) Refusing to break the law
2) Exercising a legal right
3) Fulfilling a statutory duty
4) Whistleblowing.
Model Employment Termination Act (META)
an employer may not terminate employment of an employee without good cause.
Expressed Contracts
stated in distinct and clear language, either orally or in writing
Implied Contracts
2
WGU D352 Employment and Labor Law
Exam and Study Guide – Complete 280
Questions with Verified Detailed Answers
Official Exam Overview:
The WGU D352 Employment and Labor Law Exam evaluates learners’ understanding of labor
regulations, employee rights, employer obligations, and workplace legal standards. The exam
emphasizes employment discrimination, workplace safety, labor relations, and legal remedies for
employee grievances, including claims of emotional distress.
Exam Coverage Areas:
• Employment Law Fundamentals and Regulatory Frameworks
• Labor Relations and Collective Bargaining
• Workplace Discrimination and Harassment
• Employee Rights and Employer Responsibilities
• Remedies for Workplace Violations, Including Emotional Distress
• Legal Standards for Liability and Workplace Conduct
• Multiple Choice and Short Answer Question Formats
QUESTION 1: What are the elements necessary to establish a prima facie case of intentional
infliction of emotional distress?
1. Extreme and outrageous conduct by the defendant ✅
2. The defendant's intent to cause, or reckless disregard of the likelihood of causing, emotional
distress ✅
3. Severe emotional distress suffered by the plaintiff as a direct result of the defendant’s
conduct ✅
Rationale: To succeed in a claim of intentional infliction of emotional distress, the plaintiff must
prove that the defendant engaged in extreme conduct with the intent (or reckless disregard) to cause
harm, resulting in severe emotional distress.
QUESTION 2: Which federal law prohibits employment discrimination based on race, color,
religion, sex, or national origin?
a) Fair Labor Standards Act (FLSA)
b) Title VII of the Civil Rights Act ✅
c) Occupational Safety and Health Act (OSHA)
d) Americans with Disabilities Act (ADA)
Rationale: Title VII prohibits workplace discrimination on the basis of race, color, religion, sex, or
national origin.
,QUESTION 3: Which agency enforces workplace safety standards in the United States?
a) EEOC
b) OSHA ✅
c) NLRB
d) DOJ
Rationale: The Occupational Safety and Health Administration (OSHA) enforces safety and
health regulations to ensure safe working conditions.
QUESTION 4: What is the main purpose of the National Labor Relations Act (NLRA)?
a) Regulate employee wages
b) Protect employees’ rights to organize and engage in collective bargaining ✅
c) Set mandatory retirement ages
d) Limit overtime work
Rationale: The NLRA safeguards employees’ rights to unionize, engage in collective bargaining,
and take protected concerted actions.
QUESTION 5: Which element is NOT required to prove intentional infliction of emotional
distress?
a) Extreme and outrageous conduct
b) Intent or reckless disregard
c) Actual severe emotional distress
d) Monetary loss unrelated to emotional distress ✅
Rationale: While severe emotional distress is required, monetary loss unrelated to the emotional
impact is not a necessary element for establishing this tort.
List the elements necessary for establishing a prima facie case of intentional infliction of
emotional distress.
1. Extreme and outrageous conduct by a defendant.
2. The defendants' intention of causing, or reckless disregard of the likelihood of causing,
emotional distress
3. The plaintiff's suffering of severe emotional distress (and as a direct result of the defendant's
extreme and outrageous conduct.
How could qualified privilege provide a defense for defamation?
Qualified privilege must have the absence of malice for defense, ie- when one person
communicates with another who has the legitimate need to know the information (such as an
employee telling a supervisor of another employee's performance, as long as what the
employee is saying is in "good faith."
,Qualified Privilege
employers who give references are liable only for false statements that they know to be false or
that are primarily motivated by ill will
Tortious interference with a contract
Conduct by one party that results in another's breaching her contract with a third party.
What are the main elements of tortious interference with contract?
1
, Page 2 of 93
A cause of action aimed at a third party who allegedly caused the plaintiff to be fired or
interferes with his/her ability to get a job.
The third party must interfere for an improper reason, ie-animosity toward plaintiff, and not for
a valid business reason in order to beheld responsible for this tort
Describe the difference between mediation and arbitration.
List and describe exceptions to employment at will.
Exceptions to employment at will include:
*Public Policy Exception
*Implied Contract Exception
*Implied Covenant of Good Faith and Fair Dealing
**in addition to a collective bargaining agreement and the Model Employment Termination
Act.
Four examples of Public Policy
1) Refusing to break the law
2) Exercising a legal right
3) Fulfilling a statutory duty
4) Whistleblowing.
Model Employment Termination Act (META)
an employer may not terminate employment of an employee without good cause.
Expressed Contracts
stated in distinct and clear language, either orally or in writing
Implied Contracts
2
