WGU C233 EMPLOYMENT LAW QUESTIONS
Employing fewer than 10 employees so the adea does not apply - answer -which
employer action is a possible employer defense to a claim asserted under the federal
age discrimination in employment act (adea)?
Integrated enterprise - answer -two corporations have combined their management and
operations into a single place with 30 total employees. Which type of business
relationship is formed that now requires both companies to comply with federal
employment law?
Does the employee meet the eligibility requirements? - answer -an employee claimed
the need for special treatment based on title vii of the civil rights act of 1964. What is the
first question a human resources professional should ask to determine if this law applies
to the employee?
Economic realities test - answer -which test is used to distinguish an independent
contractor from an employee?
Pervasive conduct
Unwelcome conduct - answer -which two types of conduct make a company liable for
race-based harassment?
Yes. Because the agency is a government entity, the employees are protected from
drug searches unless there is reasonable suspicion that they are engaged in drug use. -
answer -a government agency wants to drug test its employees, but it is concerned
about legal ramifications of possible privacy concerns regarding its testing. To address
these concerns, the firm conducts pre-employment drug screening and random drug
testing of employees each quarter. Should the firm be concerned about legal challenges
to its policy?
Medical records - answer -which type of information is covered by the fair credit
reporting act?
An individual hr employee who fails to check a new worker's eligibility to work in the
united states may face civil liability. - answer -which penalty is imposed by the
immigration reform and control act?
Layoffs due to a severe unforeseen loss of capital - answer -a manufacturing firm with
370 employees plans to close one of its plants and lay off 56 employees. To facilitate
the plant closure and allow its employees time to seek other employment, the firm gives
the employees 40 days' notice of the impending closure. Because of financial troubles,
the firm is not providing severance packages. Which circumstance allows the firm to
take these actions without violating the worker adjustment retraining notification (warn)
act?
,Judicial authority
Executive authority
Rule-making authority - answer -which three types of statutory authority does the
national labor relations board (nlrb) have?
Provide the nlrb with contact information of workers eligible to vote in the election -
answer -what are the employer's responsibilities after the national labor relations board
(nlrb) has authorized a union election?
The union may call a strike.
The employer may lock out the union workers.
Either party may resume discussions with the other. - answer -which three outcomes
are legally possible if parties cannot resolve one or more mandatory issues during
collective bargaining negotiations and reach a deadlock?
The negative referral provided by the former employer was in response to an
employee's claims of discrimination or acts of whistleblowing. The u.s. supreme court
held that the term "employees" as used in the retaliation section of title vii extends to
former employees. - answer -in a retaliation referral claim, a former employee must
show that
Were inadequate.1 - answer -according to a survey done by salary.com, some 90
percent of employee performance appraisals
- case involving disparate treatment discrimination arising out of performance appraisals
actually involving a lack of appraisals.
- a woman lawyer in a prestigious new york city law firm was able to show that over a
twelve-year period she received, after repeated requests, only one performance
appraisal before she was terminated, while during the same time period two younger
male counterparts each received nine appraisals. Moreover, the sole appraisal
esterquest received did not include a plan for remediation of her performance
deficiencies or a path to promotion, which was included in other employee's evaluations.
Under these circumstances she was able to show age and gender discrimination. -
answer -esterquest v. Booz, allen & hamilton
Citizenship for specific federal jobs and public policy functions
English proficiency to the standard necessary to carry out essential business operations
- answer -the irca prohibits employers from discriminating in employment on the basis
of nation of origin or citizenship, with some exceptions. Unlike title vii, the irca does
allow an employer to discriminate in favor of a citizen over a legal alien when both are
equally qualified. There are two bona fide occupational qualifications which come into
play under irca:
- the supreme court has provided some leeway in using race and gender in employment
decisions without invoking reverse discrimination. For example, in voluntary affirmative
,action plans, private employers may lawfully use race and gender in employment
decisions where there has been a historical "manifest imbalance" in the workplace when
that effort is limited in duration and scope and when it is not a quota system - answer -
united steelworkers v. Weber, 443 u.s. 193 (1979); johnson v. Santa clara county
transportation agency 480 u.s. 616 (1987)
- reverse discrimination suit
- the supreme court upheld michigan's voter-approved proposal 2, which made unlawful
any discrimination or preferential treatment based upon a class characteristic in public
education, government contracting, and public employment. This had the specific effect
of undoing michigan's university admissions rubrics, which allowed for consideration of
race and gender in evaluating college applications. The general effect of this was to put
into question whether other university applications systems nationwide, which allow for
preferences, are valid - answer -schuette v. Coalition to defend affirmative action, __
u.s. __(2014)
- candidates for firefighting positions in new haven, which was seeking to promote the
hiring of non-white firefighters, were required to complete a validated qualification test.
When the test revealed that non-white applicants did not perform as well as white
candidates, the city threw out the test as a qualifying mechanism and started the hiring
process anew.
- the supreme court held that new haven had violated title vii because the test was valid
and the decision not to use it was "race-conscious." - answer -ricci v. Destefano, 557
u.s. 557 (2009)
The federal mediation and conciliation service must be notified. - answer -after good
faith negotiations, an employer and a labor union cannot resolve an issue and have
reached an impasse. What does the national labor relations act (nlra) require in this
situation?
Requiring workers to work more than eight hours per day or more than forty hours per
week. This is not so. The flsa does require that overtime be paid, and that it is earned
on a weekly, not daily, basis. - answer -there is a misconception that the flsa prevents
employers from
Continual training requirement
Under this requirement, employers are required to provide training to workers on a
periodic basis and whenever an employee is hired or transferred to a new job
assignment. - answer -the ______________ is the most frequently violated osha
regulation.
Contributory negligence-the worker's errant conduct that contributes to the injury
Assumption of the risk-the worker knew and accepted the risk of potential injury; and
Fellow servant rule-another employee, not the employer, caused the injury.
Additionally, there were no national safety standards for the workplace, so work safety
regulations and remedies to injured workers were uneven. - answer -in common law,
, an injured employee could make a tort claim against an employer for negligence if the
employer's breach of the duty to provide a safe workplace caused the worker's injury.
However, three employer defenses severely limit the relief an injured worker could
obtain. These are:
The plant shutdown or layoffs are due to a natural disaster
The firm experiences a severe and unforeseen loss of capital
When the company is faltering and giving notice would prevent obtaining capital to
continue operations - answer -the warn allows for an employer to escape the notice
requirements if:
100 employees to provide detailed written advance notification of plant closings and
mass layoffs to affected employees, union bargaining units, and state and local
government officials at least 60 days prior to the closing. Employers are prohibited from
plant closings or mass layoffs until the end of the 60-day notice period. - answer -warn
requires employers with over
- a white medical school applicant challenged the university of california at davis' policy
of setting aside 16% of admission spots for "disadvantaged" minority applicants who
could also compete in the standard applicant pool. Mr. Bakke was qualified to be
admitted, and he argued that the strict 16% standard was an impermissible quota and
unfair.
- while not dismissing the principles of aa, the supreme court agreed that the aa method
used by the university was unlawful, as it gave an unwarranted advantage to minority
applicants. - answer -regents of the university of california v. Bakke (bakke)
Is not permissible. - answer -rigid quotas or reserving positions for a specific protected
class of individuals who are less qualified
Cancel a contract or debar a contractor from participating in bidding for future contracts.
Additionally, the dol may ask the attorney general to seek equitable relief to enforce
orders, seek that the department of justice pursue criminal penalties where fraud is
involved, publish the names of offending contractors, and/or recommend to the eeoc
that judicial proceedings be commenced under title vii. - answer -sometimes a
contractor will run afoul of federal anti-discrimination statutes or executive order 11246.
The department of labor may
- in 1964 the new york state commission for human rights had determined the sheet
metal workers' union had systematically excluded african-americans from the union and
from obtaining apprenticeships.
- after 18 years of not complying with court orders to stop discrimination, the supreme
court affirmed a lower court order, entered in 1975, imposing an aa plan remedy upon
the union which required a fund be set up, and other action taken, to assist in reaching
the goal of 29 percent non-white membership in the union. The duty to comply with
imposed aa plans evaporates once the problem has been addressed. - answer -local
28, sheet metal workers v. Eeoc
Employing fewer than 10 employees so the adea does not apply - answer -which
employer action is a possible employer defense to a claim asserted under the federal
age discrimination in employment act (adea)?
Integrated enterprise - answer -two corporations have combined their management and
operations into a single place with 30 total employees. Which type of business
relationship is formed that now requires both companies to comply with federal
employment law?
Does the employee meet the eligibility requirements? - answer -an employee claimed
the need for special treatment based on title vii of the civil rights act of 1964. What is the
first question a human resources professional should ask to determine if this law applies
to the employee?
Economic realities test - answer -which test is used to distinguish an independent
contractor from an employee?
Pervasive conduct
Unwelcome conduct - answer -which two types of conduct make a company liable for
race-based harassment?
Yes. Because the agency is a government entity, the employees are protected from
drug searches unless there is reasonable suspicion that they are engaged in drug use. -
answer -a government agency wants to drug test its employees, but it is concerned
about legal ramifications of possible privacy concerns regarding its testing. To address
these concerns, the firm conducts pre-employment drug screening and random drug
testing of employees each quarter. Should the firm be concerned about legal challenges
to its policy?
Medical records - answer -which type of information is covered by the fair credit
reporting act?
An individual hr employee who fails to check a new worker's eligibility to work in the
united states may face civil liability. - answer -which penalty is imposed by the
immigration reform and control act?
Layoffs due to a severe unforeseen loss of capital - answer -a manufacturing firm with
370 employees plans to close one of its plants and lay off 56 employees. To facilitate
the plant closure and allow its employees time to seek other employment, the firm gives
the employees 40 days' notice of the impending closure. Because of financial troubles,
the firm is not providing severance packages. Which circumstance allows the firm to
take these actions without violating the worker adjustment retraining notification (warn)
act?
,Judicial authority
Executive authority
Rule-making authority - answer -which three types of statutory authority does the
national labor relations board (nlrb) have?
Provide the nlrb with contact information of workers eligible to vote in the election -
answer -what are the employer's responsibilities after the national labor relations board
(nlrb) has authorized a union election?
The union may call a strike.
The employer may lock out the union workers.
Either party may resume discussions with the other. - answer -which three outcomes
are legally possible if parties cannot resolve one or more mandatory issues during
collective bargaining negotiations and reach a deadlock?
The negative referral provided by the former employer was in response to an
employee's claims of discrimination or acts of whistleblowing. The u.s. supreme court
held that the term "employees" as used in the retaliation section of title vii extends to
former employees. - answer -in a retaliation referral claim, a former employee must
show that
Were inadequate.1 - answer -according to a survey done by salary.com, some 90
percent of employee performance appraisals
- case involving disparate treatment discrimination arising out of performance appraisals
actually involving a lack of appraisals.
- a woman lawyer in a prestigious new york city law firm was able to show that over a
twelve-year period she received, after repeated requests, only one performance
appraisal before she was terminated, while during the same time period two younger
male counterparts each received nine appraisals. Moreover, the sole appraisal
esterquest received did not include a plan for remediation of her performance
deficiencies or a path to promotion, which was included in other employee's evaluations.
Under these circumstances she was able to show age and gender discrimination. -
answer -esterquest v. Booz, allen & hamilton
Citizenship for specific federal jobs and public policy functions
English proficiency to the standard necessary to carry out essential business operations
- answer -the irca prohibits employers from discriminating in employment on the basis
of nation of origin or citizenship, with some exceptions. Unlike title vii, the irca does
allow an employer to discriminate in favor of a citizen over a legal alien when both are
equally qualified. There are two bona fide occupational qualifications which come into
play under irca:
- the supreme court has provided some leeway in using race and gender in employment
decisions without invoking reverse discrimination. For example, in voluntary affirmative
,action plans, private employers may lawfully use race and gender in employment
decisions where there has been a historical "manifest imbalance" in the workplace when
that effort is limited in duration and scope and when it is not a quota system - answer -
united steelworkers v. Weber, 443 u.s. 193 (1979); johnson v. Santa clara county
transportation agency 480 u.s. 616 (1987)
- reverse discrimination suit
- the supreme court upheld michigan's voter-approved proposal 2, which made unlawful
any discrimination or preferential treatment based upon a class characteristic in public
education, government contracting, and public employment. This had the specific effect
of undoing michigan's university admissions rubrics, which allowed for consideration of
race and gender in evaluating college applications. The general effect of this was to put
into question whether other university applications systems nationwide, which allow for
preferences, are valid - answer -schuette v. Coalition to defend affirmative action, __
u.s. __(2014)
- candidates for firefighting positions in new haven, which was seeking to promote the
hiring of non-white firefighters, were required to complete a validated qualification test.
When the test revealed that non-white applicants did not perform as well as white
candidates, the city threw out the test as a qualifying mechanism and started the hiring
process anew.
- the supreme court held that new haven had violated title vii because the test was valid
and the decision not to use it was "race-conscious." - answer -ricci v. Destefano, 557
u.s. 557 (2009)
The federal mediation and conciliation service must be notified. - answer -after good
faith negotiations, an employer and a labor union cannot resolve an issue and have
reached an impasse. What does the national labor relations act (nlra) require in this
situation?
Requiring workers to work more than eight hours per day or more than forty hours per
week. This is not so. The flsa does require that overtime be paid, and that it is earned
on a weekly, not daily, basis. - answer -there is a misconception that the flsa prevents
employers from
Continual training requirement
Under this requirement, employers are required to provide training to workers on a
periodic basis and whenever an employee is hired or transferred to a new job
assignment. - answer -the ______________ is the most frequently violated osha
regulation.
Contributory negligence-the worker's errant conduct that contributes to the injury
Assumption of the risk-the worker knew and accepted the risk of potential injury; and
Fellow servant rule-another employee, not the employer, caused the injury.
Additionally, there were no national safety standards for the workplace, so work safety
regulations and remedies to injured workers were uneven. - answer -in common law,
, an injured employee could make a tort claim against an employer for negligence if the
employer's breach of the duty to provide a safe workplace caused the worker's injury.
However, three employer defenses severely limit the relief an injured worker could
obtain. These are:
The plant shutdown or layoffs are due to a natural disaster
The firm experiences a severe and unforeseen loss of capital
When the company is faltering and giving notice would prevent obtaining capital to
continue operations - answer -the warn allows for an employer to escape the notice
requirements if:
100 employees to provide detailed written advance notification of plant closings and
mass layoffs to affected employees, union bargaining units, and state and local
government officials at least 60 days prior to the closing. Employers are prohibited from
plant closings or mass layoffs until the end of the 60-day notice period. - answer -warn
requires employers with over
- a white medical school applicant challenged the university of california at davis' policy
of setting aside 16% of admission spots for "disadvantaged" minority applicants who
could also compete in the standard applicant pool. Mr. Bakke was qualified to be
admitted, and he argued that the strict 16% standard was an impermissible quota and
unfair.
- while not dismissing the principles of aa, the supreme court agreed that the aa method
used by the university was unlawful, as it gave an unwarranted advantage to minority
applicants. - answer -regents of the university of california v. Bakke (bakke)
Is not permissible. - answer -rigid quotas or reserving positions for a specific protected
class of individuals who are less qualified
Cancel a contract or debar a contractor from participating in bidding for future contracts.
Additionally, the dol may ask the attorney general to seek equitable relief to enforce
orders, seek that the department of justice pursue criminal penalties where fraud is
involved, publish the names of offending contractors, and/or recommend to the eeoc
that judicial proceedings be commenced under title vii. - answer -sometimes a
contractor will run afoul of federal anti-discrimination statutes or executive order 11246.
The department of labor may
- in 1964 the new york state commission for human rights had determined the sheet
metal workers' union had systematically excluded african-americans from the union and
from obtaining apprenticeships.
- after 18 years of not complying with court orders to stop discrimination, the supreme
court affirmed a lower court order, entered in 1975, imposing an aa plan remedy upon
the union which required a fund be set up, and other action taken, to assist in reaching
the goal of 29 percent non-white membership in the union. The duty to comply with
imposed aa plans evaporates once the problem has been addressed. - answer -local
28, sheet metal workers v. Eeoc
