WGU C233 EMPLOYMENT LAW UPDATED QUESTIONS AND
ANSWERS GUARANTEE A+
✔✔Employees on leave for pregnancy-related issues must be treated the same as
other workers on leave. Which of the following is not an example of this?
Pay increases
Accrual of seniority
Promotions to management
Vacation time calculations - ✔✔Promotions to management
Employees on leave for pregnancy-related issues must be treated the same as other
workers on leave for accrual of seniority, vacation time calculations, pay increases, and
other benefits.
✔✔Employers may not use gender as the basis for pay considerations on jobs the
performance of which require equal skill, effort, and responsibility, and which are
performed under similar working conditions. What protects this?
GPD
EPA
PDA
CRA - ✔✔EPA - Equal Pay Act
✔✔To make a claim of discrimination under the Equal Pay Act - the prima facie case -
an employee must show that two employees of the opposite gender are:
Working in the same place
Doing equal work - sufficient commonality of tasks and responsibilities
Receiving different and unequal pay
All of the above - ✔✔All of the above
To make a claim of discrimination under the Equal Pay Act - the prima facie case - an
employee must show that two employees of the opposite gender are:
1. Working in the same place
2. Doing equal work - sufficient commonality of tasks and responsibilities
3. Receiving different and unequal pay
✔✔Some argue that disparity requires remedy and that pay should be equal for
employees doing different jobs, but which are of:
Incomparable worth
Comparable worth
Comparable demand
Incomparable demand - ✔✔Comparable worth
Federal courts have rejected the comparable worth theory, because plaintiffs have been
unable to show how "market rates" for whole classes of professions resulted in specific
gender-disparate impact discrimination from any given employer.
,✔✔Which of the following is always involved in a case of sexual harassment?
Gender harassment
Request for sexual favor
Sexual behavior
Sexual motive - ✔✔Gender harassment
Sexual harassment does not necessarily involve sexual motive, sexual behavior, or
requests for sexual favors.
✔✔The term sexual harassment applies to:
Both sexual harassment and sexual discrimination
Both gender harassment and sexual harassment
Gender harassment
Sexual harassment - ✔✔Both gender harassment and sexual harassment
At its most basic level, sexual harassment is harassment directed at an employee
because of his or her gender. Therefore, sexual harassment does not necessarily
involve sexual motive, sexual behavior, or requests for sexual favors. So, if an
employer, or its agents, engages in anti-female or anti-male activity towards an
employee such that it interferes with the employee's ability to carry out the job, that
employer may be guilty of sexual harassment.
✔✔While the facts of such cases are always subject to personal interpretation, is it often
more clear when quid pro quo sexual harassment occurs because there is traceable
__________ action.
Tangible Job
Illegal
Discrimination
Harassment - ✔✔Tangible Job
Sexual harassment where the harasser has the authority, or apparent authority, over
the employee to change the employee's employment status is known as quid pro quo
sexual harassment. Quid pro quo is the Latin term which indicates a trade of "something
for something," or a "favor for a favor." The notion is that the "boss," either explicitly or
implicitly, seeks sexual favors in exchange for some positive employment outcome for
the employee.
✔✔An aggressive sexual advance is made by a male boss to a female subordinate and
rejected. Later the female employee receives a raise. There is no colorable claim of
quid pro quo sexual harassment because the "victim" did not suffer a tangible job
action.
TRUE or FALSE - ✔✔False
, If, after a rejected sexual advance, an employee receives an unanticipated favorable job
outcome, like an unscheduled raise, a claim of quid pro quo sexual harassment may still
lie under the theory that the raise is designed to induce the employee to accept the
sexual advance or overlook an inappropriate advance.
✔✔Which of the following is considered an example of hostile working environment
sexual harassment?
An intimidating, hostile, or offensive working environment that unreasonably interferes
with an employee's work performance
An environment with sensory overload (loud noise, extreme temperatures, etc)
When an employee is asked to perform sexual favors in exchange for increased pay
When an employee has been asked to leave because he/she is being gender
discriminatory - ✔✔An intimidating, hostile, or offensive working environment that
unreasonably interferes with an employee's work performance
An intimidating, hostile, or offensive working environment that unreasonably interferes
with an employee's work performance constitutes this kind of sexual harassment. Being
asked to perform sexual favors in exchange for increase pay would be considered quid
pro quo sexual harassment.
✔✔Unwelcome conduct is that which is not solicited by the employee and which a
________________ would regard as offensive or unwanted.
Harassment lawyer
Reasonable person
Employer
Human resources professional - ✔✔Reasonable person
Unwelcome conduct is that which is not solicited by the employee and that a reasonable
person would regard as offensive or unwanted. This is the most fair way possible to
assess the gravity of the conduct, since lawyers, employers, and employees may all
have contradictory assessments of how offensive a particular action may be,
✔✔What was the court's ruling in the Meritor case regarding the claimant's past sexual
history?
If there is a voluntary sexual history, the claim cannot be brought before the court
A victim's sexual history or behavior is immaterial to a sexual harassment claim
If the victim has provoked the bad conduct, she will be prevented from making a claim
of sexual harassment.
If there is not a voluntary sexual history, the claim may be brought before the court if
both parties will agree upon the details of the occurrence - ✔✔A victim's sexual history
or behavior is immaterial to a sexual harassment claim
The seminal case for hostile environment sexual harassment is Meritor Savings Bank,
FSB v. Vinson, 477 U.S. 57, 106 S.Ct. 2399 (1986)(Meritor). There, Vinson claimed
Taylor, a bank vice president, had coerced her into having repeated sexual relations
ANSWERS GUARANTEE A+
✔✔Employees on leave for pregnancy-related issues must be treated the same as
other workers on leave. Which of the following is not an example of this?
Pay increases
Accrual of seniority
Promotions to management
Vacation time calculations - ✔✔Promotions to management
Employees on leave for pregnancy-related issues must be treated the same as other
workers on leave for accrual of seniority, vacation time calculations, pay increases, and
other benefits.
✔✔Employers may not use gender as the basis for pay considerations on jobs the
performance of which require equal skill, effort, and responsibility, and which are
performed under similar working conditions. What protects this?
GPD
EPA
PDA
CRA - ✔✔EPA - Equal Pay Act
✔✔To make a claim of discrimination under the Equal Pay Act - the prima facie case -
an employee must show that two employees of the opposite gender are:
Working in the same place
Doing equal work - sufficient commonality of tasks and responsibilities
Receiving different and unequal pay
All of the above - ✔✔All of the above
To make a claim of discrimination under the Equal Pay Act - the prima facie case - an
employee must show that two employees of the opposite gender are:
1. Working in the same place
2. Doing equal work - sufficient commonality of tasks and responsibilities
3. Receiving different and unequal pay
✔✔Some argue that disparity requires remedy and that pay should be equal for
employees doing different jobs, but which are of:
Incomparable worth
Comparable worth
Comparable demand
Incomparable demand - ✔✔Comparable worth
Federal courts have rejected the comparable worth theory, because plaintiffs have been
unable to show how "market rates" for whole classes of professions resulted in specific
gender-disparate impact discrimination from any given employer.
,✔✔Which of the following is always involved in a case of sexual harassment?
Gender harassment
Request for sexual favor
Sexual behavior
Sexual motive - ✔✔Gender harassment
Sexual harassment does not necessarily involve sexual motive, sexual behavior, or
requests for sexual favors.
✔✔The term sexual harassment applies to:
Both sexual harassment and sexual discrimination
Both gender harassment and sexual harassment
Gender harassment
Sexual harassment - ✔✔Both gender harassment and sexual harassment
At its most basic level, sexual harassment is harassment directed at an employee
because of his or her gender. Therefore, sexual harassment does not necessarily
involve sexual motive, sexual behavior, or requests for sexual favors. So, if an
employer, or its agents, engages in anti-female or anti-male activity towards an
employee such that it interferes with the employee's ability to carry out the job, that
employer may be guilty of sexual harassment.
✔✔While the facts of such cases are always subject to personal interpretation, is it often
more clear when quid pro quo sexual harassment occurs because there is traceable
__________ action.
Tangible Job
Illegal
Discrimination
Harassment - ✔✔Tangible Job
Sexual harassment where the harasser has the authority, or apparent authority, over
the employee to change the employee's employment status is known as quid pro quo
sexual harassment. Quid pro quo is the Latin term which indicates a trade of "something
for something," or a "favor for a favor." The notion is that the "boss," either explicitly or
implicitly, seeks sexual favors in exchange for some positive employment outcome for
the employee.
✔✔An aggressive sexual advance is made by a male boss to a female subordinate and
rejected. Later the female employee receives a raise. There is no colorable claim of
quid pro quo sexual harassment because the "victim" did not suffer a tangible job
action.
TRUE or FALSE - ✔✔False
, If, after a rejected sexual advance, an employee receives an unanticipated favorable job
outcome, like an unscheduled raise, a claim of quid pro quo sexual harassment may still
lie under the theory that the raise is designed to induce the employee to accept the
sexual advance or overlook an inappropriate advance.
✔✔Which of the following is considered an example of hostile working environment
sexual harassment?
An intimidating, hostile, or offensive working environment that unreasonably interferes
with an employee's work performance
An environment with sensory overload (loud noise, extreme temperatures, etc)
When an employee is asked to perform sexual favors in exchange for increased pay
When an employee has been asked to leave because he/she is being gender
discriminatory - ✔✔An intimidating, hostile, or offensive working environment that
unreasonably interferes with an employee's work performance
An intimidating, hostile, or offensive working environment that unreasonably interferes
with an employee's work performance constitutes this kind of sexual harassment. Being
asked to perform sexual favors in exchange for increase pay would be considered quid
pro quo sexual harassment.
✔✔Unwelcome conduct is that which is not solicited by the employee and which a
________________ would regard as offensive or unwanted.
Harassment lawyer
Reasonable person
Employer
Human resources professional - ✔✔Reasonable person
Unwelcome conduct is that which is not solicited by the employee and that a reasonable
person would regard as offensive or unwanted. This is the most fair way possible to
assess the gravity of the conduct, since lawyers, employers, and employees may all
have contradictory assessments of how offensive a particular action may be,
✔✔What was the court's ruling in the Meritor case regarding the claimant's past sexual
history?
If there is a voluntary sexual history, the claim cannot be brought before the court
A victim's sexual history or behavior is immaterial to a sexual harassment claim
If the victim has provoked the bad conduct, she will be prevented from making a claim
of sexual harassment.
If there is not a voluntary sexual history, the claim may be brought before the court if
both parties will agree upon the details of the occurrence - ✔✔A victim's sexual history
or behavior is immaterial to a sexual harassment claim
The seminal case for hostile environment sexual harassment is Meritor Savings Bank,
FSB v. Vinson, 477 U.S. 57, 106 S.Ct. 2399 (1986)(Meritor). There, Vinson claimed
Taylor, a bank vice president, had coerced her into having repeated sexual relations
