WGU C233 Employment Law

Identify the role of the National Labor Relations Board (NLRB). - a federal agency given power to police against unfair labor practices and determine whether the union is sanctioned to represent the members. NLRB administers all provisions of the Wagner Act. Primary functions include: conducting union elections (make sure that they are ethically and legally conducted), investigating complaints by employers or unions through their investigations, issuing opinions on it findings and prosecutin...

Under respondent superior doctrine, an employer is only responsible for the employee action performed within the: Reasonable person standard Duration of employment Realm of reasonable actions Scope of employment - Scope of Employment Which of the following is not an element of a prima facie discrimination case for gender discrimination? The employee is qualified for the position The employee suffers some adverse employment action The employee is in the protected class A person of the s...

Precedent - -A controlling rule, example, or guide. Stare Decisis - -The doctrine of a court following the precedent of an earlier court. Judicial View - -The power of the Supreme Court to decide if a law complies with the Constitution or not. Main Functions of the Constitution - -1. Establishes the three branches of the federal government 2. Enumerates fundamental rights (The Bill of Rights) of citizens and protects them from restrictions of those rights. Three Branches of Federal Govern...

Examples of a neutral policies and protected class(es) which may be impacted by the policy: - -Height and weight restrictions - gender/national origin Language requirements - national origin Physical strength tests - gender Educational requirements - race; dress codes - gender/religion No beard policies - gender/race/national origin/religion The Fourth-Fifths Rule - -A guideline the EEOC has established for determining whether a statistical disparity has a disparate impact upon a particul...

Implied Contract - -Legally binding agreement which is created, not through formal contract negotiation and documentation, but by actions of employer and employee AKA-oral assurances Supremacy Clause - -mandates that the constitution, federal law, treaties and federal regulations are the highest laws of the land and have priority over state law. Frolic and Detour - -Employee's physical departure from the job in order to further his/her own interests and not the employers. Dual Purpose Mi...

What is judicial review? - -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 - -Prevent desirable, or promote undesirable behavior What is a precedent? - -A controlling rule, example, or guide The doctrin...

The elements of a prima facie discrimination case for gender discrimination are: - -The employee is the protected class, The employee is qualified for the position, The employee suffers some adverse employment action, A person of opposite gender received favorable employment action or the employer continues to look for applicants for the position. Price Waterhouse vs Hopkins - -an important case addressing grooming and dress in gender discrimination Why did the Civil rights act of 1964 add...

Which constitutional provision mandates that federal regulations have priority over state law? - - Supremacy Clause Which doctrine is used by U.S. courts to align current cases with prior legal decisions? - -Stare Decisis Stare Decisis (precedent) - -"Let the decision stand"...courts generally follow the decisions of lower courts in similar cases that set a precedent Two corporations have combined their management and operations into a single place with 30 total employees. Which type of ...

What is an example of constructive discharge? - -Quitting due to ongoing sexual harassment that isn't remedied Describe how intentional interference with a contract may happen. - -a third party, perhaps a coworker or client, pressures the employer to terminate an employee without cause. The idea is that, while the employment relationship is not expressly contractual, the meddling of the third party in an otherwise healthy employer/employee relationship has the same effect as an interference...