WGU c233 Employment Law Exam Questions with 100% Correct Answers

WGU c233 Employment Law Exam Questions with 100% Correct Answers Agency is a(n) __________ relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal. Undefined Informal Contract Formal - answerContract Before the final passage of the Civil Rights Act of 1964, Virginia Democrat, Senator Howard W. Smith, inserted into the language of the legislation defining the class of persons protected under the anti-discrimination provisions of Title VII the word: A) Race B) Religion C) Sex D) National origin - answerC-Sex He did so in an attempt to defeat the legislation, as there existed a strong anti-women animus among unions and supporters of the legislation who did not want women included in the protections offered by Title VII. Which of the following is not an element of a prima facie case for gender discrimination? A) The employee is the protected class B) The employee is qualified for the position C) A person of the same gender received favorable employment action or the employer continues to look for applicants for the position. D) The employee suffers some adverse employment action - answerC- A person of the same gender received favorable employment action or the employer continues to look for applicants for the position. The full list of elements for a prima facie case include: 1) the employee is the protected class; 2) the employee is qualified for the position; 3) the employee suffers some adverse employment action; and 4) a person of opposite gender received favorable employment action or the employer continues to look for applicants for the position. Title VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees. What is the stipulation to this rule? A) Must be signed off by two district judges B) The application must be fair and reasonable C) The application must be enforced for five years prior and five years following D) The application must be accepted by the entire company - answerB-The application must be fair and reasonable. Grooming and dress are often issues in gender discrimination cases, as these factors may signal employment status and reinforce stereotyping. Title VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees, but the application must be fair and reasonable. However, if dress or grooming standards are applied unequally or used to promote unequal treatment, they are discriminatory. When an employer classifies employees on the basis of gender, plus another characteristic, this is known as: A- Gender discrimination B- Fetal protection discrimination C- Pregnancy discrimination D- Gender Plus discrimination - answerD-Gender Plus discrimination Gender Plus discrimination (also called "sex plus" discrimination) exists when an employer classifies employees on the basis of gender, plus another characteristic, usually a family-related circumstance. The prima facie case for gender plus discrimination based on family composition would not require the complaining workers to show which of the following? A-Similarly situated workers of the same gender, with small children, are treated more favorably B- They are qualified for the job C- They have small children D- They suffer an adverse employment action - answerA-Similarly situated workers of the same gender, with small children, are treated more favorably The full list of elements include the following: 1) he or she has small children; 2) is qualified for the job; 3) suffers an adverse employment action; and 4) similarly situated workers of the same gender, without small children, are treated more favorably. If the employer produces a legitimate business reason for the job action, under the _________________ formula, the burden shifts back to the employee to demonstrate that the employer's proffered reason is pretextual. Anderson Cooper Price Waterhouse McDonnell Douglas Hopkins - answerMcDonnell Douglas From the text, "Once the plaintiff proves these things, the burden then shifts to the employer to produce a lawful motive for the adverse employment action. Then the burden shifts back to the claimant to rebut the employer's justification, by showing: The stated reason is not true The stated reason is true, but was not a "motivating factor" The reason was a factor, but not sufficient to justify the job action" The __________ prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. Pregnancy Discrimination Act Civil Rights Act Anti-gender discrimination Act Title VII - answerPregnancy Discrimination Act In 1978, Congress enacted amendments to Title VII, known as the Pregnancy Discrimination Act (PDA). The PDA prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. 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 - answerPromotions 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 - answerEPA - 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 - answerAll 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 - answerComparable 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 - answerGender 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