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D352 15 studiers recently 5.0 (1 review) Students also studied Terms in this set (54) Western Governors UniversityD 216 Save D352 - Employment and Labor Law Teacher 81 terms T_AutmanPreview WGU D352 Employment and Labor ...230 terms chall0512Preview D352 WGU-OA Study Guide 79 terms bpari14Preview Pre-Ass 54 terms hba A supervisor passes over an employee for a promotion due to verbal communication by other staff members about the employee’s work habits, hygiene, and personal life.What is the supervisor’s decision in response to?Slander What does the U.S. Constitution accomplish?It divides power between the branches of government.Under which legal system do prior judicial decisions control later cases?Common law What is the central element of the common law agency test for an independent contractor?Level of control retained by the worker Which question is part of the IRS 20-Factor Analysis for determining whether a worker is an employee or an independent contractor?How much training does the employer give?What does scope of employment mean under the respondeat superior doctrine?Conduct relevant to a job description What determines employer liability under the respondeat superior doctrine?The scope of employment Which term indicates that an employer may terminate an employee at any time, for any legal reason, without incurring liability?Employment-at-will

Due to financial cuts, a supervisor decides to lay off an average-performing worker who has been with the company for five years. The worker is concerned that this action is illegal because there was no reason given for their firing during the meeting with their supervisor.What gives the employer the legal right to do this?Employment-at-will An employee works for the United States Department of Defense, a public employer. Personal information in the employee's personnel files has been released to the public. Under which law may this employee sue to recover damages?The Privacy Act of 1974 An employee works at a well-known company. After hours and while at home, the employee writes a public message on a social media network complaining about the employer's supervisor. The substance of the complaint is that the supervisor makes employees work too hard. Which risk, if any, does the employee face as a result of the social media posting?The employee faces a risk of termination because the employee has no expectation of privacy in the public information that was posted.When is a search of personal items by an employer lawful under the Privacy Act and as determined by the Supreme Court without actually deciding the merits of the matter?The search is justified at the start.Using the four-fifths rule, a company analyzed its pass rate ratio for an employment test. Hispanics passed at a rate of 25 percent, and Whites passed at 75 percent. The ratio for protected classes against nonprotected classes was well below 80 percent. What should the company conclude from these results?There is a disparate impact An airline is concerned about declining cognitive ability in older pilots and wants to create a new policy that focuses on recruiting younger pilots and exiting older pilots out of the company. Which policy should the airline use?Mandatory retirement for pilots at 65 years old An employee claimed the need for special treatment based on Title VII of the Civil Rights Act of 1964. What is the first question a human resources professional should ask to determine if this law applies to the employee?Does the employee meet the eligibility requirements?An employee complains of religious discrimination in the workplace based on Title VII.Which step should a human resources professional take to determine if the law applies to this situation?Determine if the employee meets eligibility requirements

What is the minimum number of employees that an organization must have for Title VII of the Civil Rights Act to apply?15 An organization uses intelligence tests in its hiring process. Minority applicants generally score three standard deviations below the majority average, leaving them largely ineligible for employment by this organization. Which type of discrimination is reflected in this scenario?Disparate impact Which defense is available to a company claiming that workers over a certain age are unable to perform specific job functions?Bona fide occupational qualification An employee was fired from a company after an act of sabotage. The employee appeared to be from the same country as the group who carried out the sabotage. The employee is now suing for wrongful termination. Which discrimination theory will help the employee's case?National origin Which race discrimination claim can be based on an employer’s policy of racial animosity, steering assignments or yielding to customer discriminatory preference?Disparate treatment A bus driver, who was involved in a minor accident, has tested positive for using marijuana and is terminated by the employer. The driver reveals they use medical marijuana to help treat a mental health condition because it is legal in their town, and they request an accommodation under the Rehabilitation Act. Which cause does the employer have to deny this accommodation?Cannabis for health reasons is illegal at the federal level Whose duty is it to seek a reasonable accommodation that is not readily obvious?Employee An employee requests a schedule change to accommodate his religious practices. According to Title VII, which action is considered an undue hardship for the employer?Mandating that other employees change their schedules against their objections.

Recently, a work schedule policy change went into effect that requires employees to work 12-hour shifts with four days at work and then four days off. The four work days can occur during any consecutive four-day period. The entire production staff is required to work this rotating shift. After this change was announced, an employee approaches the supervisor alleging that the enforcement of the company’s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day.How should the company respond to the employee’s complaint?Allow the employee to swap shifts with other employees willing to work on that specific holy day.As part of a company’s wellness program, staff members are offered discounts for participating in programs that include smoking cessation and wearing a health monitoring watch that monitors their physical activity and sleep patterns. The chief operating officer (COO) encounters staff members smoking in the company parking lot and not wearing their watches. The following day, the COO requests a list of the staff members participating in the smoking cessation programs from their insurance broker and asks human resources (HR) to prepare termination letters for the staff members on that list who were smoking in the parking lot the day before. Which act’s requirements should HR use as a basis to deny the COO’s request?Genetic Information Nondiscrimination Act A pregnant employee at a grocery store worked as a butcher in the meat department. In the third trimester of pregnancy, they requested medical accommodation to be able to sit while they worked, and the store manager refused. One of their coworkers went to the corporate office's human resources (HR) office to report the manager for harassment and employment rights violations. How should HR respond to the complaint?Investigate the store manager and process the request under the Americans with Disabilities Act The plaintiff in a court case claims to have been passed over for a job due to being a member of the majority class. What is the basis for the plaintiff's claim?Reverse discrimination What is the purpose of affirmative action?To mandate that businesses with federally funded projects work to eliminate bias in employment practices.The owner of a large manufacturing plant has begun to hear rumors of a labor union soliciting employees and is concerned that the employees do not understand the repercussions of joining a union. The owner wants to dissuade employees from joining but does not want to do anything illegal.Which action can this employer take?Decline to give the union representative access to the breakroom Which power does the National Labor Relations Board (NLRB) have?Power to investigate charges of unfair labor practices made by concerned parties