1|Page
WGU D352 - Employment and Labor Law Exam
Actual Questions and Answers with complete solutions
1. A company has an employment-at-will policy stating that either the
employer or employee may terminate the employment relationship at
any time. An employee discovers that the company has been falsifying
safety records and reports the conduct to the appropriate government
agency. Two weeks later, the employee is terminated, and the manager
states that the termination occurred because the employee “created
unnecessary problems for management.” Which legal theory would most
directly support the employee's challenge to the termination?
A. Employment-at-will doctrine
B. Public-policy exception to employment at will
C. Bona fide occupational qualification
D. Independent-contractor doctrine
Answer: B
Solution: The public-policy exception can protect an employee who is
terminated for engaging in conduct that furthers an established public
interest, such as reporting unlawful or dangerous workplace conduct.
The employer's general at-will policy does not necessarily permit
termination for every reason.
2. A supervisor repeatedly tells an employee that the employee will have
“a permanent position as long as performance remains satisfactory.” The
employee later relies on those statements when declining another
employment opportunity. Several months later, the employee is
terminated without the employer following the procedures described in
its handbook. Which concept is most relevant?
A. Implied contract
B. Workers' compensation immunity
,2|Page
C. Disparate impact
D. Collective bargaining
Answer: A
Solution: An implied contract may arise from employer statements,
policies, practices, or conduct that reasonably create an expectation
concerning employment conditions or job security. Whether such an
exception applies depends on the facts and applicable state law.
3. A private employer terminates an employee because the employee
refused to participate in conduct that would violate a state law. The
employer argues that the employee was an at-will worker and therefore
could be terminated for any reason. Which response is most legally
appropriate?
A. At-will employment always permits termination regardless of the
reason.
B. The termination may fall within a recognized public-policy exception
to employment at will.
C. At-will employment automatically creates a collective bargaining
agreement.
D. The termination is automatically protected under the ADA.
Answer: B
Solution: Employment at will is not absolute. Various exceptions may
limit an employer's ability to terminate an employee, including public-
policy protections in jurisdictions recognizing them.
4. A manager rejects an applicant because the applicant is 57 years old
and tells another manager, “We need younger people who will stay with
the company longer.” The applicant otherwise meets all stated
qualifications. Which federal law is most directly implicated?
A. Fair Labor Standards Act
B. Age Discrimination in Employment Act
,3|Page
C. Occupational Safety and Health Act
D. National Labor Relations Act
Answer: B
Solution: The Age Discrimination in Employment Act protects
individuals age 40 and older from employment discrimination based on
age. The manager's statement provides evidence that age may have
influenced the employment decision.
5. An employer establishes a hiring test that appears neutral and is
administered identically to every applicant. Statistical evidence later
shows that the test disproportionately excludes members of a protected
group, and the employer cannot demonstrate that the test is job-related
and necessary. Which theory is most relevant?
A. Disparate treatment
B. Disparate impact
C. Constructive discharge
D. Retaliation
Answer: B
Solution: Disparate impact concerns a facially neutral employment
practice that disproportionately disadvantages a protected group. The
employer may need to demonstrate that the challenged practice is
justified by legitimate job-related considerations.
6. A supervisor intentionally refuses to promote a qualified employee
because of the employee's race while promoting less-qualified
employees outside that protected group. Which type of discrimination is
most clearly demonstrated?
A. Disparate treatment
B. Disparate impact
C. Adverse selection
D. Negligent hiring
, 4|Page
Answer: A
Solution: Disparate treatment involves intentional differential treatment
because of a protected characteristic. Direct evidence of discriminatory
motivation can be particularly significant.
7. An employee files a complaint alleging sex discrimination with the
appropriate federal agency. Shortly afterward, the employer removes the
employee from a desirable project, reduces scheduled hours, and gives
the employee a negative performance evaluation despite previously
positive evaluations. Which legal concern is most directly raised?
A. Retaliation
B. Bona fide occupational qualification
C. Independent contracting
D. Workers' compensation
Answer: A
Solution: Retaliation involves adverse employment action taken because
an employee engaged in protected activity, such as reporting
discrimination or participating in an investigation.
8. A qualified employee with a documented disability requests a
modification to the employee's workstation that would allow the
employee to perform the essential functions of the position. The
requested modification is inexpensive and does not meaningfully disrupt
operations. Which principle is most relevant?
A. Reasonable accommodation
B. Disparate impact
C. Employment at will
D. Collective bargaining
Answer: A
WGU D352 - Employment and Labor Law Exam
Actual Questions and Answers with complete solutions
1. A company has an employment-at-will policy stating that either the
employer or employee may terminate the employment relationship at
any time. An employee discovers that the company has been falsifying
safety records and reports the conduct to the appropriate government
agency. Two weeks later, the employee is terminated, and the manager
states that the termination occurred because the employee “created
unnecessary problems for management.” Which legal theory would most
directly support the employee's challenge to the termination?
A. Employment-at-will doctrine
B. Public-policy exception to employment at will
C. Bona fide occupational qualification
D. Independent-contractor doctrine
Answer: B
Solution: The public-policy exception can protect an employee who is
terminated for engaging in conduct that furthers an established public
interest, such as reporting unlawful or dangerous workplace conduct.
The employer's general at-will policy does not necessarily permit
termination for every reason.
2. A supervisor repeatedly tells an employee that the employee will have
“a permanent position as long as performance remains satisfactory.” The
employee later relies on those statements when declining another
employment opportunity. Several months later, the employee is
terminated without the employer following the procedures described in
its handbook. Which concept is most relevant?
A. Implied contract
B. Workers' compensation immunity
,2|Page
C. Disparate impact
D. Collective bargaining
Answer: A
Solution: An implied contract may arise from employer statements,
policies, practices, or conduct that reasonably create an expectation
concerning employment conditions or job security. Whether such an
exception applies depends on the facts and applicable state law.
3. A private employer terminates an employee because the employee
refused to participate in conduct that would violate a state law. The
employer argues that the employee was an at-will worker and therefore
could be terminated for any reason. Which response is most legally
appropriate?
A. At-will employment always permits termination regardless of the
reason.
B. The termination may fall within a recognized public-policy exception
to employment at will.
C. At-will employment automatically creates a collective bargaining
agreement.
D. The termination is automatically protected under the ADA.
Answer: B
Solution: Employment at will is not absolute. Various exceptions may
limit an employer's ability to terminate an employee, including public-
policy protections in jurisdictions recognizing them.
4. A manager rejects an applicant because the applicant is 57 years old
and tells another manager, “We need younger people who will stay with
the company longer.” The applicant otherwise meets all stated
qualifications. Which federal law is most directly implicated?
A. Fair Labor Standards Act
B. Age Discrimination in Employment Act
,3|Page
C. Occupational Safety and Health Act
D. National Labor Relations Act
Answer: B
Solution: The Age Discrimination in Employment Act protects
individuals age 40 and older from employment discrimination based on
age. The manager's statement provides evidence that age may have
influenced the employment decision.
5. An employer establishes a hiring test that appears neutral and is
administered identically to every applicant. Statistical evidence later
shows that the test disproportionately excludes members of a protected
group, and the employer cannot demonstrate that the test is job-related
and necessary. Which theory is most relevant?
A. Disparate treatment
B. Disparate impact
C. Constructive discharge
D. Retaliation
Answer: B
Solution: Disparate impact concerns a facially neutral employment
practice that disproportionately disadvantages a protected group. The
employer may need to demonstrate that the challenged practice is
justified by legitimate job-related considerations.
6. A supervisor intentionally refuses to promote a qualified employee
because of the employee's race while promoting less-qualified
employees outside that protected group. Which type of discrimination is
most clearly demonstrated?
A. Disparate treatment
B. Disparate impact
C. Adverse selection
D. Negligent hiring
, 4|Page
Answer: A
Solution: Disparate treatment involves intentional differential treatment
because of a protected characteristic. Direct evidence of discriminatory
motivation can be particularly significant.
7. An employee files a complaint alleging sex discrimination with the
appropriate federal agency. Shortly afterward, the employer removes the
employee from a desirable project, reduces scheduled hours, and gives
the employee a negative performance evaluation despite previously
positive evaluations. Which legal concern is most directly raised?
A. Retaliation
B. Bona fide occupational qualification
C. Independent contracting
D. Workers' compensation
Answer: A
Solution: Retaliation involves adverse employment action taken because
an employee engaged in protected activity, such as reporting
discrimination or participating in an investigation.
8. A qualified employee with a documented disability requests a
modification to the employee's workstation that would allow the
employee to perform the essential functions of the position. The
requested modification is inexpensive and does not meaningfully disrupt
operations. Which principle is most relevant?
A. Reasonable accommodation
B. Disparate impact
C. Employment at will
D. Collective bargaining
Answer: A
