D352 WGU-OA Study Guide UPDATED ACTUAL Questions
and CORRECT Answers
Worker Adjustment and Retraining Notification Act Enacted in 1988, it gives terminated workers an opportunity to search for other
(WARN) (Time before Mass Layoff) 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 A document whereby an employee agrees not to organize or join a union.
20-factor Analysis A guide adopted by the Internal Revenue Service for determining if a worker
should be classified as an independent contractor.
Affirmative Action (AA) 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 "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 Treating an applicant or employee less favorably because of his or her age.
Age Discrimination in Employment Act (ADEA) Enacted in 1967, it protects employees who are 40 years of age and older.
Americans with Disabilities Act (ADA) 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 A civil wrong which causes someone harm.
U.S Constitution Established America's national government and fundamental laws, and
guaranteed certain basic rights for its citizens.
Sexual Harassment Harassment directed at an employee because of his or her gender.
Stare Decisis (Latin for "let the decision stand") the doctrine of a court following the precedent
of an earlier court
, Supremacy Clause 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 (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 A reasonable change to the work environment that allows an individual with a
disability to perform job functions.
Rebuttal 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 Discrimination that occurs when an employer, acting under an affirmative action
plan, favors one race or gender in an employment decision.
Scope of Employment Employee conduct that is reasonably relative to a job description.
Permissive Bargaining Subject A bargaining subject that either party may bring to the table, but over which the
other party is not required to bargain.
Precedent A controlling rule, example, or guide established by a judge that provides a
framework for other judges to follow in later cases
Prima Facie (Latin for "at first sight") Evidence based on the first impression.
Privacy Act Enacted in 1973, it governs the release of private information about public
employees to federal agencies.
Progressive Discipline Performance management tool designed to modify employee behavior by using
a set of increasingly severe discipline steps, with consequences, that hold the
employee responsible.
Integrated Enterprise A business environment in which operations of two or more employers are so
intertwined that they can be considered as a single employer for purposes of
federal statutory coverage and liability.
Labor-Management Relations Act (LMRA) Enacted in 1947, it curbs union overreaching by protecting employee rights and
prohibiting wildcat strikes.
Labor-Management Reporting and Disclosure Act of 1959 Enacted in 1959, it creates a union member "bill of rights" in order to empower
(LMRDA) union members and reduce union corruption.
Lock Out An employer's temporary work stoppage initiated during a labor dispute.
Mandatory Bargaining Subject A required bargaining subject that involves wages, benefits, hours, and layoff
procedures.
and CORRECT Answers
Worker Adjustment and Retraining Notification Act Enacted in 1988, it gives terminated workers an opportunity to search for other
(WARN) (Time before Mass Layoff) 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 A document whereby an employee agrees not to organize or join a union.
20-factor Analysis A guide adopted by the Internal Revenue Service for determining if a worker
should be classified as an independent contractor.
Affirmative Action (AA) 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 "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 Treating an applicant or employee less favorably because of his or her age.
Age Discrimination in Employment Act (ADEA) Enacted in 1967, it protects employees who are 40 years of age and older.
Americans with Disabilities Act (ADA) 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 A civil wrong which causes someone harm.
U.S Constitution Established America's national government and fundamental laws, and
guaranteed certain basic rights for its citizens.
Sexual Harassment Harassment directed at an employee because of his or her gender.
Stare Decisis (Latin for "let the decision stand") the doctrine of a court following the precedent
of an earlier court
, Supremacy Clause 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 (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 A reasonable change to the work environment that allows an individual with a
disability to perform job functions.
Rebuttal 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 Discrimination that occurs when an employer, acting under an affirmative action
plan, favors one race or gender in an employment decision.
Scope of Employment Employee conduct that is reasonably relative to a job description.
Permissive Bargaining Subject A bargaining subject that either party may bring to the table, but over which the
other party is not required to bargain.
Precedent A controlling rule, example, or guide established by a judge that provides a
framework for other judges to follow in later cases
Prima Facie (Latin for "at first sight") Evidence based on the first impression.
Privacy Act Enacted in 1973, it governs the release of private information about public
employees to federal agencies.
Progressive Discipline Performance management tool designed to modify employee behavior by using
a set of increasingly severe discipline steps, with consequences, that hold the
employee responsible.
Integrated Enterprise A business environment in which operations of two or more employers are so
intertwined that they can be considered as a single employer for purposes of
federal statutory coverage and liability.
Labor-Management Relations Act (LMRA) Enacted in 1947, it curbs union overreaching by protecting employee rights and
prohibiting wildcat strikes.
Labor-Management Reporting and Disclosure Act of 1959 Enacted in 1959, it creates a union member "bill of rights" in order to empower
(LMRDA) union members and reduce union corruption.
Lock Out An employer's temporary work stoppage initiated during a labor dispute.
Mandatory Bargaining Subject A required bargaining subject that involves wages, benefits, hours, and layoff
procedures.
