WGU C233 Pre-Assessment

C233 Pre-Assessment Leave the first rating Terms in this set (39) Social SciencesLaw Civil Law Save Practice questions for this set Learn1 / 7Study using Learn make a company liable for race-based harassment Choose an answer 1 Comparative Conduct/unwelcome Conduct 2Good Faith And Fair Dealing 3Reverse Discrimination4 Unwelcome Conduct/Pervasive Conduct Don't know?

supremacy clausemandates that the federal regulations have priority over state law stare decisisused by U.S. courts to align current cases with prior legal decisions Integrated enterpriseA business environment in which operations of two or more employers are so intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability.economic realities testused to distinguish an independent contractor from an employee - if employee is substantially economically dependent on employer implied contracta legally binding agreement which is created - by actions of employer and employee (employee handbook) scope of employmentdetermines liability under respondeat superior doctrine EEOCTitle VII gives authority to conduct own enforcement litigation Bona Fide Occupational Qualification (BFOQ) a reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees disparate treatmentintentional discrimination based on different treatment given to individuals bc of their race, color, religion, sex, national origin, age or disability status

disparate impactoccurs when an employer creates a seemingly fair employment practice that has a negative impact on members of a protected class.four-fifths ruleA rule of thumb followed by the EEOC in determining adverse impact for use in enforcement proceedings - determine if there was substantial impact on the protected class pass ratewhat percent of applicants received job offers?divide # of applicants by # of job offers find highest # multiply highest rate by .8 compare # to list and any group below # may be experiencing disparate impact Hostile environmentOccurs when unwelcome sexual conduct has the effect of unreasonably interfering with job performance or creating an intimidating or hostile, working environment reverse discriminationoccurs when an employer, acting under an affirmative action plan, favors one race/gender in an employment decision Americans with Disabilities Act prohibits discrimination on the basis of physical or mental disabilities Unwelcome Conduct/Pervasive Conduct make a company liable for race-based harassment E-verifysystem for employers determine worker eligibility using Form I-9

Negligent retentionA claim that arises when an employer fails to terminate an employee when it is apparent that he or she poses a danger to others.Fair Labor Standards Act FLSA enacted in 1938 - protects workers from unfair wages, limits abusive overtime practices, and prevents child labor Privacy Act - search of personal items justified at its start/limited in scope Fair Credit Reporting Act (FCRA) Requires employers take specific steps prior to requesting or using a consumer report (disclosure, written permission, notice of adverse action, right to dispute). - medical records protected regulates reporting agencies collection/correction/dissemination and use of consumer credit info Penalty imposed by Immigration Reform and Control Act an individual HR employee who fails to check a new worker's eligibility to work in the US may face civil liability Work Adjustment and Retaining Notification Act (WARN) -gives terminated workers an opportunity to search for other employment or obtain additional training -private employees/ >=100 E.right an employee relinquishes in exchange for worker's compensation to sue the employer in tort Statutory authority National Labor Relations Board (NLRB) has judicial, executive, rule-making