C233 WGU EMPLOYMENT LAW QUIZZES QUESTIONS
What is judicial review? - Answer -The power of the Supreme Court to consider
whether a law comports with the Constitution
Which of the following is NOT a purpose or function of law?
*Settle private and public disputes
*Determine procedures for changing the law
*Prevent desirable, or promote undesirable behavior
*Facilitate for private arrangements between individuals - Answer -Prevent desirable, or
promote undesirable behavior
What is a precedent? - Answer -A controlling rule, example, or guide
The doctrine of a court following the precedent of an earlier court is knows as: - Answer
-Stare decisis
What is a judicial view? - Answer -The power of the Supreme Court to consider
whether a law comports with the Constitution.
Which of the following laws has the least amount of power under the Supremacy Claus?
- Answer -State Laws
Agency is a ________ relationship (a legally binding agreement) between a principal
and an agent whereby the principal, expressly or implicitly, authorizes the agent to work
on his behalf and with the power to bind the principal. - Answer -Contract
An employer can be exposed to liability in tort (a civil wrong which causes someone
harm) for the acts or omissions of the employee. This employment law is best known
as: - Answer -Vicarious Liability
Employee conduct which is reasonably relative to a job description and foreseeable by
the employer as part of the job description is referred to as: - Answer -Scope of
Employment
In the scope of employment context, which of the following is an example of frolic and
detour? - Answer -An employee runs a personal errand while driving to a meeting at a
company branch office.
"Let the master answer for the servant" applies to which vicarious liability doctrine? -
Answer -Respondeat superior
Of the following classifications of worker, which causes smallest obligation to the
employer? - Answer -Independent Contractor
,Which of the following is NOT one of the three different tests commonly used to
determine if a worker is an employee or an independent contractor?
*The economic realities test
*The IRS 20-factor analysis
*The common law agency test
*The working description test - Answer -The working description test
What is the main purpose of the economic realities test? - Answer -Determine whether
the worker has little freedom to exit the relationship because they are economically
dependent on the business
The IRS has adopted the 20-factor analysis as a guide to employers in determining if
workers are indeed independent contractors. Which of the following is NOT a factor?
*Integration: How closely the employer's business processes linked to a worker's
performance?
*Relationship: How many hours per year do the employee and employer spend time
together outside of work?
*Training: How much training does the employer give?
*Instructions: Who controls what, when and how work is to be done? - Answer -
Relationship: How many hours per year do the employee and employer spend time
together outside of work?
TRUE or FALSE: Generally, partners, directors and major shareholders are not
employees. - Answer -TRUE
What is the definition of an employer? - Answer -An entity that employs another to work
on his or her behalf for pay.
Operations of two or more employers are considered so intertwined that they can
considered a single employer for purposes of both federal statutory coverage and
liability. This is knows as: - Answer -Integrated Enterprise
When two or more entities, which are not engaged in an integrated exercise, exert
control over an employee such that each entity may be considered an employer, this is
known as the _______ doctrine. - Answer -Joint Employer
A business is a _____ employment agency if it regularly procures employees for at least
one covered employer. - Answer -Covered
Which of the following is NOT a qualification to fall under federal employment law
statutes?
*An entity is not engaged in an industry-affecting commerce
,*An entity maintains a hiring hall which procures employees for at least one covered
employer
*An entity membership exceeds certain number
*An entity represents the employees of an of an employer - Answer -An entity is not
engaged in an industry-affecting commerce
Under the Employment-At-Will Doctrine, _____. - Answer -An employer may terminate
an employee at any time, for any legal reason without incurring liability.
The At-Will Doctrine has come under much criticism in the modern age because _____.
- Answer -It allows for possible harsh consequences for the employee.
Which of the following is NOT recognized exception to at-will doctrine under the
common law?
*Implied covenant of good faith
*Public Policy
*Economic sustainability
*Implied contract - Answer -*Economic sustainability
How many states recognize the the public policy exception? - Answer -44
If an employee is terminated for claiming minimum wage or overtime compensation,
engaging in union activities, opposing unlawful discriminatory practices, filing for
workers' compensation, or "whistleblowing," the employer may face liability for a -
Answer -retaliatory discharge
Employees may claim wrongful termination through _____ or constructive discharge. -
Answer -tort claims
What is the doctrine of Constructive Discharge? - Answer -Conditions of unfairness or
mistreatment exist at work to such a degree that no reasonable employee would feel he
or she had any other option but to quit.
When a third party, perhaps a co-worker or client, pressures the employer to terminate
an employee without cause, _____ has occured. - Answer -Intentional interference with
a contract.
_____ prohibits termination for anything other than good cause once an employee has
successfully passed a probationary period and allows for an employee to seek
arbitration for a termination dispute. - Answer -Montana Wrongful Discharge From
Employment Act
TRUE or FALSE: The Montana Wrongful Discharge from Employment Act limits
employee damages for wrongful termination to four years of compensation. - Answer -
TRUE
, ______ is/are the primary reason(s) U.S.C. section 1981 and the Civil Rights Act of
1871 were ineffective in improving the rights of blank Americans? - Answer -Lack of
enforcement
On June 19, 1963, President John F. Kennedy sent comprehensive civil rights
legislation to Congress, asking it to: - Answer -"Make a commitment it has not fully
made in this century to the proposition that race has no place in America life or law."
The Vll covers employers to have "_____ or more employees for each working day in
each of twenty or more calendar weeks in the current preceding calendar year, and any
agent such a person." - Answer -15
TRUE or FALSE: Title Vll does not prevent employers of businesses operated in
proximity to Native American reservations from preferring Indians over others for jobs. -
Answer -TRUE
Which of the following is not a specified protected class under Title Vll? - Answer -
Sexual affinity or orientation
Which federal agency was created by the Civil Rights act of 1964 and tasked to enforce
federal anti-discrimination statutes. - Answer -EEOC
During its first few years, the EEOC lacked enforcement authority and had power to only
investigate discrimination and then refer meritorious claims to the _____ to pursue
through litigation. - Answer -Department of Justice
The EEOC has influenced the judicial interpretation of civil rights legislation by helping
to define what constitutes _____. - Answer -Discrimination
The Age Discrimination in Employment Act of 1967 protects individuals who are over
what age? - Answer -40
Before an employee or job candidate can take a complaint of job discrimination under
the Title Vll to court, he/she must first: - Answer -File with the EEOC
What is disparate treatment under Title Vll - Answer -The intentional adverse of
unequal treatment of an individual based upon a protected class characteristic.
Disparate treatment may be established by _____ of discriminatory motive. - Answer -
Direct evidence
Three employees were caught stealing. The two white employees are fired, but the
black employee is not. Being fired for stealing is a perfectly acceptable business
practice. Under what disparate treatment discrimination analysis might the white
employees show discrimination? - Answer -Comparative evidence
What is judicial review? - Answer -The power of the Supreme Court to consider
whether a law comports with the Constitution
Which of the following is NOT a purpose or function of law?
*Settle private and public disputes
*Determine procedures for changing the law
*Prevent desirable, or promote undesirable behavior
*Facilitate for private arrangements between individuals - Answer -Prevent desirable, or
promote undesirable behavior
What is a precedent? - Answer -A controlling rule, example, or guide
The doctrine of a court following the precedent of an earlier court is knows as: - Answer
-Stare decisis
What is a judicial view? - Answer -The power of the Supreme Court to consider
whether a law comports with the Constitution.
Which of the following laws has the least amount of power under the Supremacy Claus?
- Answer -State Laws
Agency is a ________ relationship (a legally binding agreement) between a principal
and an agent whereby the principal, expressly or implicitly, authorizes the agent to work
on his behalf and with the power to bind the principal. - Answer -Contract
An employer can be exposed to liability in tort (a civil wrong which causes someone
harm) for the acts or omissions of the employee. This employment law is best known
as: - Answer -Vicarious Liability
Employee conduct which is reasonably relative to a job description and foreseeable by
the employer as part of the job description is referred to as: - Answer -Scope of
Employment
In the scope of employment context, which of the following is an example of frolic and
detour? - Answer -An employee runs a personal errand while driving to a meeting at a
company branch office.
"Let the master answer for the servant" applies to which vicarious liability doctrine? -
Answer -Respondeat superior
Of the following classifications of worker, which causes smallest obligation to the
employer? - Answer -Independent Contractor
,Which of the following is NOT one of the three different tests commonly used to
determine if a worker is an employee or an independent contractor?
*The economic realities test
*The IRS 20-factor analysis
*The common law agency test
*The working description test - Answer -The working description test
What is the main purpose of the economic realities test? - Answer -Determine whether
the worker has little freedom to exit the relationship because they are economically
dependent on the business
The IRS has adopted the 20-factor analysis as a guide to employers in determining if
workers are indeed independent contractors. Which of the following is NOT a factor?
*Integration: How closely the employer's business processes linked to a worker's
performance?
*Relationship: How many hours per year do the employee and employer spend time
together outside of work?
*Training: How much training does the employer give?
*Instructions: Who controls what, when and how work is to be done? - Answer -
Relationship: How many hours per year do the employee and employer spend time
together outside of work?
TRUE or FALSE: Generally, partners, directors and major shareholders are not
employees. - Answer -TRUE
What is the definition of an employer? - Answer -An entity that employs another to work
on his or her behalf for pay.
Operations of two or more employers are considered so intertwined that they can
considered a single employer for purposes of both federal statutory coverage and
liability. This is knows as: - Answer -Integrated Enterprise
When two or more entities, which are not engaged in an integrated exercise, exert
control over an employee such that each entity may be considered an employer, this is
known as the _______ doctrine. - Answer -Joint Employer
A business is a _____ employment agency if it regularly procures employees for at least
one covered employer. - Answer -Covered
Which of the following is NOT a qualification to fall under federal employment law
statutes?
*An entity is not engaged in an industry-affecting commerce
,*An entity maintains a hiring hall which procures employees for at least one covered
employer
*An entity membership exceeds certain number
*An entity represents the employees of an of an employer - Answer -An entity is not
engaged in an industry-affecting commerce
Under the Employment-At-Will Doctrine, _____. - Answer -An employer may terminate
an employee at any time, for any legal reason without incurring liability.
The At-Will Doctrine has come under much criticism in the modern age because _____.
- Answer -It allows for possible harsh consequences for the employee.
Which of the following is NOT recognized exception to at-will doctrine under the
common law?
*Implied covenant of good faith
*Public Policy
*Economic sustainability
*Implied contract - Answer -*Economic sustainability
How many states recognize the the public policy exception? - Answer -44
If an employee is terminated for claiming minimum wage or overtime compensation,
engaging in union activities, opposing unlawful discriminatory practices, filing for
workers' compensation, or "whistleblowing," the employer may face liability for a -
Answer -retaliatory discharge
Employees may claim wrongful termination through _____ or constructive discharge. -
Answer -tort claims
What is the doctrine of Constructive Discharge? - Answer -Conditions of unfairness or
mistreatment exist at work to such a degree that no reasonable employee would feel he
or she had any other option but to quit.
When a third party, perhaps a co-worker or client, pressures the employer to terminate
an employee without cause, _____ has occured. - Answer -Intentional interference with
a contract.
_____ prohibits termination for anything other than good cause once an employee has
successfully passed a probationary period and allows for an employee to seek
arbitration for a termination dispute. - Answer -Montana Wrongful Discharge From
Employment Act
TRUE or FALSE: The Montana Wrongful Discharge from Employment Act limits
employee damages for wrongful termination to four years of compensation. - Answer -
TRUE
, ______ is/are the primary reason(s) U.S.C. section 1981 and the Civil Rights Act of
1871 were ineffective in improving the rights of blank Americans? - Answer -Lack of
enforcement
On June 19, 1963, President John F. Kennedy sent comprehensive civil rights
legislation to Congress, asking it to: - Answer -"Make a commitment it has not fully
made in this century to the proposition that race has no place in America life or law."
The Vll covers employers to have "_____ or more employees for each working day in
each of twenty or more calendar weeks in the current preceding calendar year, and any
agent such a person." - Answer -15
TRUE or FALSE: Title Vll does not prevent employers of businesses operated in
proximity to Native American reservations from preferring Indians over others for jobs. -
Answer -TRUE
Which of the following is not a specified protected class under Title Vll? - Answer -
Sexual affinity or orientation
Which federal agency was created by the Civil Rights act of 1964 and tasked to enforce
federal anti-discrimination statutes. - Answer -EEOC
During its first few years, the EEOC lacked enforcement authority and had power to only
investigate discrimination and then refer meritorious claims to the _____ to pursue
through litigation. - Answer -Department of Justice
The EEOC has influenced the judicial interpretation of civil rights legislation by helping
to define what constitutes _____. - Answer -Discrimination
The Age Discrimination in Employment Act of 1967 protects individuals who are over
what age? - Answer -40
Before an employee or job candidate can take a complaint of job discrimination under
the Title Vll to court, he/she must first: - Answer -File with the EEOC
What is disparate treatment under Title Vll - Answer -The intentional adverse of
unequal treatment of an individual based upon a protected class characteristic.
Disparate treatment may be established by _____ of discriminatory motive. - Answer -
Direct evidence
Three employees were caught stealing. The two white employees are fired, but the
black employee is not. Being fired for stealing is a perfectly acceptable business
practice. Under what disparate treatment discrimination analysis might the white
employees show discrimination? - Answer -Comparative evidence
