Pre-Assessment: Employment Law

Pre-Assessment: Employment Law

5.0 (1 review) Students also studied Terms in this set (48) Western Governors UniversityC 233 Save D352 Teacher 54 terms kaywest221Preview WGU Employment Law C233 70 terms Dcallahan302 Preview D352 - Employment and Labor Law Teacher 81 terms T_AutmanPreview

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147 term Brit 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 except 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 substantial impact on the protected class?Four-fifths rule Which practice is descriptive of a church requiring clergy to be 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 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 action demonstrates a goal of affirmative action?Correcting discriminatory practices

Which legislation prohibits discrimination based on physical limitations?Americans with Disabilities Act 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 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 Which two types of conduct make a company liable for race-based harassment?Unwelcome conduct; Pervasive Conduct 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 claim alleges that the work atmosphere has become sexually charged with offensive behaviors that interfere with an employee's work performance?Hostile environment 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.An employee works for the United States Department of Defense, a public employer. To investigate allegations of misconduct, the employee's supervisor conducts 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.

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.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 system for employers determines worker eligibility using Form I-9?E-Verify An employee has demonstrated a tendency toward violent behavior in the workplace. This tendency has developed over several years, but it was not easily discernable when the employee was initially hired. The employer is aware of the employee's violence but does not terminate the employee. Which legal risk does the employer face in this situation?Negligent retention 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.A manufacturing firm with 370 employees plans to close one of its plants and lay off 56 employees. To facilitate the plant closure and allow its employees time to seek other employment, the firm gives the employees 40 days' notice of the impending closure.Because of financial troubles, the firm is not providing severance packages. Which circumstance allows the firm to take these actions without violating the Worker Adjustment Retraining Notification (WARN) Act?Layoffs due to a severe unforeseen loss of capital 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 at a firm uses chemicals to clean metals.The employee works with two others on an assembly line, and the facility is located on the ground floor of a multi-story industrial building. Which requirement will the firm face regarding this employee under Occupational Safety and Health Act (OSHA) regulations?The employee must be trained in safe handling of chemicals.