C233 Employment Law - Practice OA & Overall Course Assessment

C233 Employment Law - Practice OA & Overall Course Assessment 5.0 (1 review) Students also studied Terms in this set (123) Western Governors UniversityC 233 Save

C233: Employment Law

54 terms malak_abuomar5 Preview WGU C483 - Principles of Managem...430 terms rwdixon1993Preview

EMPLOYMENT AND LABOR LAW (P...

70 terms frowe9Preview D080 s 241 term col Jose works full-time for Quality, Inc. an engineering firm, as a Quality Control Specialist. Jose does not have any direct authority to hire/fire at the company and while Jose controls a majority of his activities during the day, Quality, Inc. works with Jose to set goals and does hold him responsible for achieving certain metrics. Knowing only

this information, Jose could best be described as a(n):

• Independent Contractor
• Employee
• Temporary Employee
• Part-time Employee

Employee Blake is worried that one of her employees, Mohammad, is classified as an independent contractor, but should actually be considered an employee. Blake begins to analyze what Mohammad does and how he does it in

terms of his job. She determines the following: she directs

Mohammad's work, was responsible for training him, and evaluates his performance as well as notes that he is using all company provided equipment to do his work and he is required to submit various production-related reports weekly. Blake is likely using which test to determine Mohammad's independent contractor status?

• Common Law Agency Test
• Economic Realities Test
• IRS 20-Factor Analysis
• Common Sense

IRS 20-Factor Analysis

Bohari has job responsibilities that require him to attend various professional conferences. In the employee handbook, there is a policy that states employees wishing to travel, must complete a "travel request form" and submit it to their supervisor at least three months prior to the travel. On the form is the reason for travel, professional/company benefit of travel, and anticipated budget. When the supervisor approves the travel, it creates an expressed/explicit contract that Bohari will be allowed to attend the conference, the company will pay the cost of the conference attendance/travel, and he will be reimbursed for his expenses. Bohari completes the form in October and submits it to his supervisor that same month for travel in March. How does this procedure create a type of implied contract?

• It implies the company will reimburse Bohari for all his

travel expenses.

• It implies authorization for Bohari to travel.
• It implies Bohari will still have a job in March.
• It implies Bohari will learn something new at the

conference and will share that new knowledge with the organization.It implies Bohari will still have a job in March.Suzy is an at-will employee for Safety Corp. She found several safety violations that caused her to feel unsafe at the workplace. She reported these issues to her supervisor, but nothing was corrected. She then reported the violations to OSHA. Safety Corp. discovered it was Suzy who reported the issues and started the OSHA investigation and subsequently fired Suzy. Which of the following best describes the recourse available to Suzy?

• Suzy may have a claim for wrongful termination based

on Constructive Discharge.

• Suzy may have a claim for wrongful termination based

on a violation of the Good Faith and Fair Dealing Covenant.

• Suzy may have a claim for wrongful termination based

on an Implied Contract exception.

• Suzy may have a claim for wrongful termination based

on the Public Policy Exception.Suzy may have a claim for wrongful termination based on the Public Policy Exception

Beverly was an up-and-comer at her firm; she had been informed she was definitely on the partner track during her most recent performance review. Beverly just married Abdul, a Muslim from Turkey and subsequently was hearing rumors of management's displeasure of her choice. She had overheard comments at the water cooler such as, "I can't believe she married that guy; now she'll never make partner" and "She just killed her career now" as well as several comments relating to stereotyping her spouse and their relationship. During the annual meeting to discuss partnership votes, Beverly was denied a partnership election despite having a clean employment record, the highest revenue generation in the firm, and excellent performance reviews. She was given the reason that further leadership development is necessary.Assuming Beverly has encountered some discriminatory practice, which best describes the type of discrimination she likely encountered?

• Discrimination based on National Origin
• Discrimination based on Sex
• Discrimination based on Race
• Discrimination based on Ethnicity

Discrimination based on National Origin To establish a Prima Facie case of disparate treatment under Title VII, the claimant must show which of the

following:

• A discriminatory act took place, some adverse effect

happened because of the act, and performance was not an issue.

• He/she is member of a protected class, he/she applied

for job for which he/she was qualified, he/she was rejected despite being qualified, and the job remained open and the employer continued to seek applicants.

• He/she is a member of a protect class, a discriminatory

act took place, he/she was qualified for the job but still got rejected, and performance was not an issue.

• A discriminatory act took place, he/she applied for a

job for which he/she was qualified, some adverse effect happened because of the act, and after being rejected the job remained open and the employer continued to seek applicants.He/she is member of a protected class, he/she applied for job for which he/she was qualified, he/she was rejected despite being qualified, and the job remained open and the employer continued to seek applicants Below is chart with applicant numbers for different ethnic groups term-6applying for entry level production workers at Chart This Company. Determine if there may have been any disparate impact for any of the groups

• There is no disparate impact apparent
• Disparate impact exists for the African-American group
• Disparate impact exists for the Asian-American group
• Disparate impact exists for the Arab-American group

Disparate impact exists for the Asian-American group

Business necessity is a key term associated with a Bona- Fide Occupational Qualification (BFOQ). Which of the following is the best example of a BFOQ?

• A Chinese restaurant that hires only Asian wait staff
• An airline that only hires female flight attendants
• A minimum-security prison that hires only male guards
• A private Catholic school that hires only Catholics as

teachers A private Catholic school that hires only Catholics as teachers All of the following are examples of sexual harassment

under Title VII except:

• Johnny, who is rarely in the office, sees Blasia and tells

her "I like your outfit".

• Johnny, who is rarely in the office, communicates with

Blasia routinely via e-mail and at least once a month will ask her on a date despite being told she is uncomfortable with his behavior.

• Johnny, who is rarely in the office, comes by the office

routinely and flirts with Blasia even though she has asked him to stop.

• Blasia tells Johnny if they have sex, she will promote

him.Johnny, who is rarely in the office, sees Blasia and tells her "I like your outfit." Marco, a sales representative for Got Stuff, Inc., is assigned to service and call on Sales R Us where Juanita works. Juanita has become increasingly uncomfortable with Marco's advances and has reported her anxiety to her supervisor, Merle. Merle refuses to move her or ask anyone else to meet with Marco nor does he call Marco's supervisor to report the behavior. Which of the following is most true?

• Do nothing since Marco is not employed by Sales R Us

so there's no direct authority.

• Juanita has a claim of sexual harassment against her

supervisor and Sales R Us may be held liable because of the agency relationship.

• Juanita has to confront Marco before she can take any

course of action.

• Juanita has a claim of sexual harassment against her

supervisor but not Sales R Us.Juanita has a claim of sexual harassment against her supervisor and Sales R Us may be held liable because of the agency relationship