WGU C233 Employment Law Quizzes with 100% Correct Answers

WGU C233 Employment Law Quizzes with 100% Correct Answers What is judicial review? - answerThe 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 - answerPrevent desirable, or promote undesirable behavior What is a precedent? - answerA controlling rule, example, or guide The doctrine of a court following the precedent of an earlier court is knows as: - answerStare decisis What is a judicial view? - answerThe 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? - answerState 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. - answerContract 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: - answerVicarious 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: - answerScope of Employment In the scope of employment context, which of the following is an example of frolic and detour? - answerAn 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? - answerRespondeat superior Of the following classifications of worker, which causes smallest obligation to the employer? - answerIndependent 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 - answerThe working description test What is the main purpose of the economic realities test? - answerDetermine 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? - answerRelationship: 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. - answerTRUE What is the definition of an employer? - answerAn 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: - answerIntegrated 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. - answerJoint Employer A business is a _____ employment agency if it regularly procures employees for at least one covered employer. - answerCovered 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 - answerAn entity is not engaged in an industry-affecting commerce Under the Employment-At-Will Doctrine, _____. - answerAn 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 _____. - answerIt 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? - answer44 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 - answerretaliatory discharge Employees may claim wrongful termination through _____ or constructive discharge. - answertort claims What is the doctrine of Constructive Discharge? - answerConditions 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. - answerIntentional 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. - answerMontana 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. - answerTRUE ______ 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? - answerLack 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." - answer15 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. - answerTRUE Which of the following is not a specified protected class under Title Vll? - answerSexual affinity or orientation Which federal agency was created by the Civil Rights act of 1964 and tasked to enforce federal anti-discrimination statutes. - answerEEOC 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. - answerDepartment of Justice The EEOC has influenced the judicial interpretation of civil rights legislation by helping to define what constitutes _____. - answerDiscrimination The Age Discrimination in Employment Act of 1967 protects individuals who are over what age? - answer40 Before an employee or job candidate can take a complaint of job discrimination under the Title Vll to court, he/she must first: - answerFile with the EEOC What is disparate treatment under Title Vll - answerThe intentional adverse of unequal treatment of an individual based upon a protected class characteristic. Disparate treatment may be established by _____ of discriminatory motive. - answerDirect 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? - answerComparative evidence What is a bona fide occupational qualification? - answerThe subject class characteristic is reasonably necessary to the normal operation of that particular business or enterprise. _____ discrimination is when an employer's policies have the purpose or effect of assigning employees to particular aspects of a business enterprise based upon a protected class characteristic and with no apparent legitimate business necessity. - answerPattern and Practice In the Title Vll disparate impact discrimination claims, the plaintiff charges that: - answerThe employer's procedures, policies, or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class. _____ discrimination is directed at an individual, _____ discrimination is directed at a class of persons. - answerDisparate treatment : Disparate impact What was the ruling in the Griggs v. Duke Power? - answerDuke Power's standard intelligence test had disparate impact on black employees. Congress passed the _____ to codify the concept of disparate impact discrimination as articulated in Griggs v. Duke Power. - answerCivil Rights Act of 1991 Griggs v. Duke Power was the seminal case for establishing - answerDisparate impact In disparate impact claim under Title Vll, the plaintiff must establish the following prima facie elements: