WGU Employment Law C233
Amendments to The Vietnam Era Veteran Readjustment Assistance Act of 1974 require that federal contracts entered into after 1 December, 2003, and worth more than _________________ require contractors and subcontractors to undertake AA for specified categories of veterans, which include a priority referral requirement for employment openings. $50,000 $100,000 $250,000 $75,000
$100,000
The federal Drug Free Workplace Act of 1988 requires federal contractors doing more than ________________ in business with the federal government to ensure a drug-free workplace through education and enforcement of drug-free policies. $250,000 $100,000 $125,000 $25,000
$100,000
WARN requires employers with over __________ 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, ______ days prior. 50 : 120 60 : 100 100 : 60 120 : 50
100:60
The Americans with Disabilities Act (ADA) outlines that employers with a certain number of employees are subject to the guidelines of the Act. How many employees must an employer have before it must conform to the ADA? 15 10 50 25
15
The ADEA applies to public and private employers and unions with more than __________ employees. 30 20 15 50
20
When E-verify issues a tentative nonconformation response, the employer must inform the employee. How long does the employee have until he/she needs to reply to the necessary agency? 72 hours 24 hours Fourteen days Eight days
8 days
What is a yellow dog contract? A contract that an employee signs in agreement to not join the union An agreement by all union members to stop work A contract that allows employers to ban unions A contract an employee signs that promises his/her admission into the union
A contract that an employee signs in agreement to not join the union
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 same gender received favorable employment action
A person of the same gender received favorable employment action
The PDA prohibits employment discrimination on the basis of: Pregnancy Childbirth Pregnancy-related medical conditions All of the above
All of the Above
Under FMLA provisions, what is considered a qualifying event to receive leave time? Birth Adoption Serious health condition All of the above
All of the Above
The Rehabilitation Act requires all covered employers to make a reasonable accommodation for the physical or mental disability of an employee unless the employer can establish that the accommodation would create ______________ based upon business needs and cost. An undue hardship Extra time to perform An inconvenience An initial annoyance
An undue hardship
What is the easiest way to avoid discrimination claims due to performance appraisals? Apply performance criteria equally to all employees Make them subjective to managers' opinions Don't hold performance appraisals Make them different for each person
Apply performance criteria equally to all employees
The Electronic Communications Privacy Act (ECPA) prohibits employers from purposefully: A. Intercepting by electronic means any employee wire, oral, or electronic communications B. Accessing, without permission, stored electronic communications C. Not providing a company-sponsored form of communication Both A and B
Both A and B
An English-only rule must be justified by: Business necessity Employer preference Employee complaints A Federal judge
Business necessity
A union shop that requires membership as a condition of employment is known as a(n): Right to work shop Closed union shop Free rider shop Union shop
Closed Union Shop
A monetary amount necessary to replace what the claimant lost, including money, pain, and other non-monetary losses is known as: Punitive damages Front pay Compensatory damages Injunction relief
Compensatory Damages
The federal act that allows an employee - at his or her own expense - to continue company health care benefits for up to eighteen months or more when he or she leaves a job is known as the: Family and Medical Leave Act Consolidated Omnibus Budget Reconciliation Act Employee Retirement Income Security Act Fair Labor Standards Act
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Agency is a _________________ 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. Freedom of choice Loosely coupled relationship Contract relationship General understanding
Contract Relationship
When a worker's own errant conduct contributed to an injury in the line of work, this is known as: Fellow servant rule Horseplay rule Contributory negligence Assumption of risk
Contributory negligence
Disparate treatment may be established by _____________ of discriminatory motive. Subjective evidence Direct evidence Office rumor Indirect evidence
Direct Evidence
What protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination? ADEA ADA EPA ADAA
EPA
What was enacted to require almost all employers to pay women and men equally for the same work? ADA ADAA PDA EPA
EPA
A disabled person must be qualified to carry out the ____________________ before the protections of the ADA may be invoked. Practical tasks of the job Non-essential job functions Essential functions of the job Marginal job functions
Essential functions of the job
The __________ regulates how consumer reporting agencies collect, correct, disseminate, and use consumer credit information. OSHA FCRA NRLA FDA
FCRA (The Fair Credit Reporting Act)
The courts will not review whether the termination of an older worker was ________, but rather whether it was based upon clear procedures, objective budgetary considerations, and actual position elimination. Business necessity Fair Illegal Legal
Fair
Persons or entities that manage benefits funds are __________________ - guardians or caretakers - and must act with a high level of skill, due care, and prudence in that task. Councilors Wardens Managers Fiduciaries
Fiduciaries
Title VII covers employers who have "_________ or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person." Fifteen Twenty Thirty Ten
Fifteen
An employee pursues self-interest as he or she runs a personal errand while driving to a meeting at a company branch office. What is this an example of? Reasonable person standard Scope of employment Frolic and detour Duration of employment
Frolic and detour
Sexual harassment is harassment directed at an employee because of his or her: Sexual orientation Looks Actions Gender
Gender
When an employer classifies employees on the basis of gender, plus another characteristic, usually a family-related circumstance, what type of discrimination is this? Pregnancy discrimination Gender plus discrimination Pretextual discrimination Perpetual discrimination
Gender Plus Discrimination
O.S.H.A requires employers to "furnish to each of its employees ... a place of employment which [is] free from recognized hazards that are causing or are likely to cause death or serious physical harm." This is known as: General duty clause Reasonable person standard General employer expectations Unwritten expectations
General Duty Clause
What was the seminal case establishing the concept of disparate impact? St. Mary's Honor Ctr. v. Hicks Griggs v. Duke Power Connecticut v. Teal Texas Dep't of Community Affairs v. Burdine
Griggs v. Duke Power
What is the fundamental source of United States Immigration Law? NLRA ADAAA Title VII INA
INA (immigration and nationality act)
What is the purpose of ADEA waivers? In exchange for job security, the employee agrees to not join any of the local unions It prevents employees from leaving the organization for early retirement purposes It does not allow an employee to be hired unless he/she promises to never file against the employer with the ADEA In exchange for retirement incentives, the employee agrees to not make a claim against the employer under the ADEA
In exchange for retirement incentives, the employee agrees to not make a claim against the employer under the ADEA
The number of age discrimination claims in general have: Increased Stayed stagnant Dropped drastically in the past decade Decreased
Increased
When operations of two or more employers are considered so intertwined that they can be considered the single employer, for purposes of both federal statutory coverage and liability, this is called a: Integrated Enterprise Corporation Sole proprietorship Franchise
Integrated Enterprise
What was the purpose and effect of the amendment to the ADA of the ADAAA? It changed the employer rule to only organizations with over 100 employees To make the act less descriptive when it comes to how to classify a disability To include racial stereotyping along with disabilities It broadened the definition of "major life activity" to be construed in favor of coverage
It broadened the definition of "major life activity" to be construed in favor of coverage
When the court either orders the imposition of an affirmative action plan, which it may continue to supervise, or allows the parties to develop an agreed-upon plan by way of settlement, this is known as: Diplomatic measures Judicial affirmative action Democratic affirmative action Affirmative action controls
Judicial affirmative action
Which of the following is not "encompassed" in the EEOC's definition of race? Mental capacity characteristics — GPA and ACT/SAT test scores Employer perception of a person's race Race-associated illnesses - diabetes, obesity, and sickle cell anemia affect some races more than others Culture - dress, grooming practices, accent, or manner of speech
Mental Capacity Characteristics (Intelligence)
When an employer makes and invasion into the private affairs of an employee, it may be the tort of invasion of privacy. There are four separate torts under the invasion of privacy umbrella. Which of the following is not included? Placement in false light Public disclosure of private facts Monitoring of company computers Intrusion upon seclusion
Monitoring of company computers
Religious beliefs, according to the EEOC, include theistic and non-theistic beliefs that are: Rationally accepted by a group of people Exclusively held by people at the individual level Anything that guides personal actions Moral or ethical beliefs as to what is right and wrong that are sincerely held with the strength of traditional religious views
Moral or ethical beliefs as to what is right and wrong that are sincerely held with the strength of traditional religious views
A majority of workers say _________ face more discrimination in the workplace than other groups. Hindus Christians Muslims Jewish
Muslims
Employers are required to accommodate religious diversity, but have no corresponding duty under Title VII to accommodate cultural or ______________ work conflicts. Ethical Nation of origin Pregnancy-related Racial
Nation of Origin
When an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm, this is known as: Negligent referral Negligent management Negligent retention Negligent hiring
Negligent retention
What office oversees affirmative action? ADA ADAAA NLRB OFCCP
OFCCP (Office of Federal Contract Compliance Programs)
Under the rules of the NLRA, only one union may be designated as the _________________ for workers in a particular location or industry. Official bargaining unit Community of interest Strike leaders Concerted activity leader
Official Bargaining Unit
The Supreme Court established the ____________ doctrine, which holds that Title VII is not violated when citizenship is a requirement for non-elected governmental positions when those positions require formulation, execution, or review of public policy issues. Political function National security Political security American leadership
Political Function
A controlling rule, example, or guide is also known as: Judicial review Precedence Respondent superior Contractual understanding
Precedence
Plaintiffs may allege that the supposed legitimate reason for adverse employment action is merely a __________ or cover-up for discrimination. Reasonable reason Failure Pretext Discrimination in disguise
Pretext
What is the most common religion-related complaint in the workplace? Praying Proselytizing Schedule change requests Religious imagery in working stations
Proselytizing
Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status is known as _________ sexual harassment. Quid pro quo Hostile environment Indirect Direct
Quid Pro Quo
Where an employee's religious practice conflicts with a work assignment, the employer must make a: Reasonable person's effort to help Reasonable accommodation Different employee adjust his/her schedule Termination decision
Reasonable Accommodation
A review of what a contractor's workforce looks like is known as: Reasonable self-analysis Workforce outlook Reasonable breakdown Workforce breakdown
Reasonable Self-Analysis
In the context of age discrimination, which of the following is an employer defense to disparate impact claims? Minimum age requirement Bona Fide age discrepancy Reasonable factor other than age Unreasonable factor other than age
Reasonable factor other than age
Which of the following is not a requirement of an AA plan? Reasonable rationale for taking corrective action Reasonable self-analysis Reasonable quotas for change Reasonable action
Reasonable quotas for change
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
An employer hires a Black salesperson, but assigns the person to territories with a high percentage of Blacks or gives him/her only Black accounts. What is this an example of? Preferential treatment Steering assignments Disparate treatment Disparate impact
Steering Assignments
In age discrimination cases, it is important to note that a favored younger employee may be over 40 years old. The key is that the favored employee must be ______________ than the complaining employee, not that the favored employee is outside the protected class. Substantially younger Under 30 years old and younger A different gender Younger
Substantially Younger
Which act prohibited the elimination of unions and expressly removed union organizing efforts from the "anti-combination" language of the Sherman Anti-Trust Act? Norris-LaGuardia Act Clayton Act Federal anti-trust Act National Labor Relations Act
The Clayton Act
When looking at whether an accommodation is a hardship, which of the following is something the courts do not look for? The cost of accommodation in terms of wages and administration The duration of time the employee has spent with the employer The type of job involved The employer's efforts
The duration of time the employee has spent with the employer
The process of determining what accommodation is required is an intensive fact-specific inquiry conducted by the employer and the employee together. Which of the following is not an included step? The employer and employee engage in a joint determination regarding barriers to performance The employee determines which accommodation is reasonable A listing of possible accommodations is examined The employee asks for an accommodation
The employee determines which accommodation is reasonable.
Which of the following is not a test that determines if an employee is an independent contractor? The economic realities test The right to work state law index The common law agency test The IRS 20-factor analysis
The right to work state law index
What is the purpose of the Privacy Act of 1974? To govern the release of private information by federal agencies about public employees To prevent the U.S. from spying on its own citizens To give the government the freedom to release any public records of employees To prevent the government from wiretapping citizens
To govern the release of private information by federal agencies about public employees
What is the central purpose of the independent living movement? To take disabled persons out of isolation and institutions and place them squarely in the mainstream community of school and employment To decrease the amount of U.S. citizens on welfare and social programs To get disabled persons out of the workplace into government supported facilities that can create a greater quality of life for the individuals To assist students as they finish high school in preparing for employment or higher education
To take disabled persons out of isolation and institutions and place them squarely in the mainstream community of school and employment
It was permissible for a Jesuit university to deny a qualified Jewish philosophy professor a teaching position at the university on the basis of his religion. True or False
True
Without having to file lawsuits, the federal government may suspend or cancel contracts with non-complying contractors or debar them from bidding on future government contracts. True or False
True
Organizations that represent workers in bargaining with employers to improve conditions of employment are known as: Federal commissions Unions Workers groups None of the above
Unions
Which of the following is a requirement that triggers liability for race-based harassment? A. The conduct must be unwelcome B. The conduct must be sufficiently severe or pervasive to alter the terms and conditions of employment in the mind of the victim and from the perspective of a reasonable person in the victim's position C. The duration of the conditions must take place over at least a six-month period of time Both A and B
both A and B
The purpose of the federal OSHA is to make workplaces safe by preventing worker illness and injury. When injuries do occur, the process of providing remedy is governed by state law and is called: Social support Health care reform Welfare Worker's compensation
worker's compensation
