chall0512 Preview - Leave the first rating Students also studied Te...

D352 WGU Pre Assessment Leave the first rating Students also studied Terms in this set (48) Western Governors UniversityD 352 Save WGU D352 Employment and Labor ...230 terms chall0512Preview Pre-Assessment D352 54 terms hballengeePreview D352 Teacher 54 terms kaywest221Preview WGU D 244 term rick 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 Two corporations have combined their management and operations into a single place with 30 total employees.Which type of business relationship is formed that now requires both companies to comply with federal employment law?Integrated enterprise Which test is used to distinguish an independent contractor from an employee?Economic realities test The employee handbook used by a temporary employment agency stated, "Employees may not be terminated after first receiving an oral warning, then a formal written warning." Which principle is demonstrated in the handbook?Implied contract No employee with a company has ever been terminated without strict adherence to the progressive discipline procedures outlined in the employee handbook.How does the employee handbook apply in this situation?It is an implied contract for employees.

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 Which type of employment contract is created by the actions of the employer and employee rather than through a formal contract negotiation?Implied 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?To which agency did Title VII give authority to conduct its own enforcement litigation?

EEOC A women's shelter hires only women as intake specialists and is being sued for disparate treatment.Which role does human resources have in relation to the Equal Employment Opportunity Commission (EEOC) in this scenario Showing bona fide occupational qualification.A 65-year-old woman was passed over for a job. When she inquired about this, the employer told her, "We're looking to create a younger workforce." Which type of discrimination is reflected in the scenario?Disparate treatment An organization requires that job applicants have at least a bachelor's degree. Applicants in a protected class under Title VII claim that this requirement puts them at a disadvantage.Which rule determines whether there was a substantial impact on the protected class?Four-fifths rule Which practice is descriptive of a church requiring clergy to be part of a particular denomination?Bona fide occupational qualification A company reduced a pregnant employee's hours from 40 per week to eight on the basis that she could no longer perform the fundamental requirements of her position. The employee is suing the company.Which statute will help the employee's case?Pregnancy Discrimination Act

Which claim alleges that the work atmosphere has become sexually charged with offensive behaviors that interfere with an employee's work performance?Hostile environment A company sets a goal to hire 30% women in engineering jobs. A class action lawsuit alleges that this preference will result in denying jobs to otherwise qualified males.Which theory does this scenario illustrate from the male's perspective?Reverse discrimination Which legislation prohibits discrimination based on physical limitations?Americans with Disabilities Act A city has an opening for a firefighter. The department lists the essential job functions as being able to walk, run, jump, lift 50 pounds, drive a vehicle, and drag at least 150 pounds. An individual has applied for the position; however, the individual cannot run due to a former injury, and is requesting a reasonable accommodation.What are the city's duties and responsibilities under the Americans with Disabilities Act as it relates to this individual?The city may reject the application as the applicant cannot perform one of the essential job functions.Whose duty is it to suggest a reasonable accommodation that is not readily obvious?Employee Which action demonstrates a goal of affirmative action? Correcting discriminatory practices Which employer action is a possible employer defense to a claim asserted under the federal Age Discrimination in Employment Act (ADEA)?Employing fewer than 10 employees so the ADEA does not apply An employee requests a schedule change to accommodate his religious practices.According to the Title VII, which action is considered an undue hardship for the employer?Mandating that other employees change their schedules against their objections Which discrimination claim is based on an employer's policy of racial animosity, steering assignments, or yielding to customer discriminatory preference?Disparate treatment Which two types of conduct make a company liable for race-based harassment?Which system for employers determines worker eligibility using Form I-9?E-Verify

An employee has demonstrated a tendency toward violent behavior in the workplace Negligent retention Which type of employee would be considered exempt from overtime under the Fair Labor Standards Act?A manager with two direct reports who receives high pay An employee works for the United States Department of Defense, a public employer. To investigate allegations of misconduct, the employee's supervisor conducted a search of the employee's office.Which two standards must this search meet in order to satisfy constitutional requirements?It must be (1) justified at its start, and (2) limited in scope During the workday, an employee of a large company sends an e-mail to a friend using the company's e-mail service. The employer reads the e-mail to determine whether or not the employee is wasting time.Which legal principle governs the employer's surveillance of e-mail in this situation?Because the employee used the company's e-mail service, the employer may read the e-mail Which 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.A government agency wants to drug test its employees, but it is concerned about legal ramifications of possible privacy concerns regarding its testing. To address these concerns, the firm conducts pre-employment drug screening and random drug testing of employees each quarter.Should the firm be concerned about legal challenges to its policy?Yes. Because the agency is a government entity, the employees are protected from drug searches unless there is reasonable suspicion that they are engaged in drug use.Which type of information is covered by the Fair Credit Reporting Act?Medical records Which penalty is imposed by the Immigration Reform and Control Act?An individual HR employee who fails to check a new worker's eligibility to work in the United States may face civil liability.