WGU c233 Employment Law, Top Exam Questions with answers, 100% Accurate, rated A+

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WGU c233 Employment Law, Top Exam Questions with answers, 100% Accurate, rated A+ Agency is a(n) __________ relationship (a legally binding agreement) between a principal and an agent whereby t... he principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal. Undefined Informal Contract Formal - ✔✔-Contract Before the final passage of the Civil Rights Act of 1964, Virginia Democrat, Senator Howard W. Smith, inserted into the language of the legislation defining the class of persons protected under the antidiscrimination provisions of Title VII the word: A) Race B) Religion C) Sex D) National origin - ✔✔-C-Sex He did so in an attempt to defeat the legislation, as there existed a strong anti-women animus among unions and supporters of the legislation who did not want women included in the protections offered by Title VII. Which of the following is not an element of a prima facie case for gender discrimination? A) The employee is the protected class B) The employee is qualified for the position C) A person of the same gender received favorable employment action or the employer continues to look for applicants for the position. D) The employee suffers some adverse employment action - ✔✔-C- A person of the same gender received favorable employment action or the employer continues to look for applicants for the position. The full list of elements for a prima facie case include: 1) the employee is the protected class; 2) the employee is qualified for the position; 3) the employee suffers some adverse employment action; and 4) a person of opposite gender received favorable employment action or the employer continues to look for applicants for the position. Title VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees. What is the stipulation to this rule? A) Must be signed off by two district judges B) The application must be fair and reasonable C) The application must be enforced for five years prior and five years following D) The application must be accepted by the entire company - ✔✔-B-The application must be fair and reasonable. Grooming and dress are often issues in gender discrimination cases, as these factors may signal employment status and reinforce stereotyping. Title VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees, but the application must be fair and reasonable. However, if dress or grooming standards are applied unequally or used to promote unequal treatment, they are discriminatory. When an employer classifies employees on the basis of gender, plus another characteristic, this is known as: A- Gender discrimination B- Fetal protection discrimination C- Pregnancy discrimination D- Gender Plus discrimination - ✔✔-D-Gender Plus discrimination Gender Plus discrimination (also called "sex plus" discrimination) exists when an employer classifies employees on the basis of gender, plus another characteristic, usually a family-related circumstance. The prima facie case for gender plus discrimination based on family composition would not require the complaining workers to show which of the following? A-Similarly situated workers of the same gender, with small children, are treated more favorably B- They are qualified for the job C- They have small children D- They suffer an adverse employment action - ✔✔-A-Similarly situated workers of the same gender, with small children, are treated more favorably The full list of elements include the following: 1) he or she has small children; 2) is qualified for the job; 3) suffers an adverse employment action; and 4) similarly situated workers of the same gender, without small children, are treated more favorably. If the employer produces a legitimate business reason for the job action, under the _________________ formula, the burden shifts back to the employee to demonstrate that the employer's proffered reason is pretextual. Anderson Cooper Price Waterhouse McDonnell Douglas Hopkins - ✔✔-McDonnell Douglas From the text, "Once the plaintiff proves these things, the burden then shifts to the employer to produce a lawful motive for the adverse employment action. Then the burden shifts back to the claimant to rebut the employer's justification, by showing: The stated reason is not true The stated reason is true, but was not a "motivating factor" The reason was a factor, but not sufficient to justify the job action" The __________ prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. Pregnancy Discrimination Act Civil Rights Act Anti-gender discrimination Act Title VII - ✔✔-Pregnancy Discrimination Act In 1978, Congress enacted amendments to Title VII, known as the Pregnancy Discrimination Act (PDA). The PDA prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. Employees on leave for pregnancy-related issues must be treated the same as other workers on leave. Which of the following is not an example of this? Pay increases Accrual of seniority Promotions to management Vacation time calculations - ✔✔-Promotions to management Employees on leave for pregnancy-related issues must be treated the same as other workers on leave for accrual of seniority, vacation time calculations, pay increases, and other benefits. Employers may not use gender as the basis for pay considerations on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. What protects this? GPD EPA PDA CRA - ✔✔-EPA - Equal Pay Act To make a claim of discrimination under the Equal Pay Act - the prima facie case - an employee must show that two employees of the opposite gender are: Working in the same place Doing equal work - sufficient commonality of tasks and responsibilities Receiving different and unequal pay All of the above - ✔✔-All of the above To make a claim of discrimination under the Equal Pay Act - the prima facie case - an employee must show that two employees of the opposite gender are: 1. Working in the same place 2. Doing equal work - sufficient commonality of tasks and responsibilities 3. Receiving different and unequal pay Some argue that disparity requires remedy and that pay should be equal for employees doing different jobs, but which are of: Incomparable worth Comparable worth Comparable demand Incomparable demand - ✔✔-Comparable worth Federal courts have rejected the comparable worth theory, because plaintiffs have been unable to show how "market rates" for whole classes of professions resulted in specific gender-disparate impact discrimination from any given employer. Which of the following is always involved in a case of sexual harassment? Gender harassment Request for sexual favor Sexual behavior Sexual motive - ✔✔-Gender harassment Sexual harassment does not necessarily involve sexual motive, sexual behavior, or requests for sexual favors. The term sexual harassment applies to: Both sexual harassment and sexual discrimination Both gender harassment and sexual harassment Gender harassment Sexual harassment - ✔✔-Both gender harassment and sexual harassment At its most basic level, sexual harassment is harassment directed at an employee because of his or her gender. Therefore, sexual harassment does not necessarily involve sexual motive, sexual behavior, or requests for sexual favors. So, if an employer, or its agents, engages in anti-female or anti-male activity towards an employee such that it interferes with the employee's ability to carry out the job, that employer may be guilty of sexual harassment. While the facts of such cases are always subject to personal interpretation, is it often more clear when quid pro quo sexual harassment occurs because there is traceable __________ action. Tangible Job Illegal Discrimination Harassment - ✔✔-Tangible Job Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status is known as quid pro quo sexual harassment. Quid pro quo is the Latin term which indicates a trade of "something for something," or a "favor for a favor." The notion is that the "boss," either explicitly or implicitly, seeks sexual favors in exchange for some positive employment outcome for the employee. An aggressive sexual advance is made by a male boss to a female subordinate and rejected. Later the female employee receives a raise. There is no colorable claim of quid pro quo sexual harassment because the "victim" did not suffer a tangible job action. TRUE or FALSE - ✔✔-False If, after a rejected sexual advance, an employee receives an unanticipated favorable job outcome, like an unscheduled raise, a claim of quid pro quo sexual harassment may still lie under the theory that the raise is designed to induce the employee to accept the sexual advance or overlook an inappropriate advance. Which of the following is considered an example of hostile working environment sexual harassment? An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee's work performance An environment with sensory overload (loud noise, extreme temperatures, etc) When an employee is asked to perform sexual favors in exchange for increased pay When an employee has been asked to leave because he/she is being gender discriminatory - ✔✔-An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee's work performance An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee's work performance constitutes this kind of sexual harassment. Being asked to perform sexual favors in exchange for increase pay would be considered quid pro quo sexual harassment. Unwelcome conduct is that which is not solicited by the employee and which a ________________ would regard as offensive or unwanted. Harassment lawyer Reasonable person Employer Human resources professional - ✔✔-Reasonable person Unwelcome conduct is that which is not solicited by the employee and that a reasonable person would regard as offensive or unwanted. This is the most fair way possible to assess the gravity of the conduct, since lawyers, employers, and employees may all have contradictory assessments of how offensive a particular action may be, What was the court's ruling in the Meritor case regarding the claimant's past sexual history? If there is a voluntary sexual history, the claim cannot be brought before the court A victim's sexual history or behavior is immaterial to a sexual harassment claim If the victim has provoked the bad conduct, she will be prevented from making a claim of sexual harassment. If there is not a voluntary sexual history, the claim may be brought before the court if both parties will agree upon the details of the occurrence - ✔✔-A victim's sexual history or behavior is immaterial to a sexual harassment claim The seminal case for hostile environment sexual harassment is Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 106 S.Ct. 2399 (1986)(Meritor). There, Vinson claimed Taylor, a bank vice president, had coerced her into having repeated sexual relations with him. Vinson claimed Taylor also touched her in public, exposed himself to her, and forcibly raped her multiple times. Vinson could not show the sexual relations resulted in any tangible job action. On review, the U.S. Supreme Court held, for the first time, that Title VII prohibits sexual harassment which creates a hostile intimidating work environment, even if the harassment does not cause a direct financial injury. In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. Boca Raton, 524 U.S. 775 (1998), the Supreme Court held that an employer may avoid liability for supervisor harassment by proving affirmatively that: The employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement The employee's claim did not seem urgent enough to warrant further investigation The employee in question is not favored among employees and was not taken seriously The employer did not have the resources to solve the issue - ✔✔-The employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement "When a supervisor engaged in sexual harassment, the employer may, nevertheless, raise an affirmative defense. In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) and Faragher v. Boca Raton, 524 U.S. 775 (1998), the Supreme Court held that an employer may avoid liability for supervisor harassment by proving affirmatively that: 1) the employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement; and 2) the plaintiff unreasonably failed to take advantage of the preventative or corrective opportunities that the employer provided. This is often called the Ellerth/Faragher affirmative defense." The risks to employers from sexual harassment claims is great, as plaintiffs may claim up to _____________ in compensatory damages, ask for punitive damages, and request jury trials. $150,000 $500,000 $50,000 $300,000 - ✔✔-$300,000 From the text, "The risks to employers from sexual harassment claims is great, as plaintiffs may claim up to $300, 000 in compensatory damages, ask for punitive damages, and request jury trials. Which of the following is not a purpose or function of the law? Prevent desirable, or promote undesirable, behavior Determine procedures for changing the law Facilitate for private arrangements between individuals Settle private and public disputes - ✔✔-Prevent desirable, or promote undesirable, behavior What is a precedent? A controlling rule, example, or guide Reason a law is made A group or person exempt from the laws An exception to the rule - ✔✔-A controlling rule, example, or guide Which of the following laws has the least amount of power under the Supremacy Clause? State laws The Constitution Federal laws Treaties and federal regulations - ✔✔-State laws Employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description is referred to as: Scope of employment Employment characteristics Respondeat superior Dual purpose mission - ✔✔-Scope of employment In the scope of employment context, which of the following is an example of frolic and detour? An employee works from home for the day An employee runs a work errand while off work An employee runs an errand while on his/her lunch break An employee runs a personal errand while driving to a meeting at a company branch office - ✔✔-An employee runs a personal errand while driving to a meeting at a company branch office Of the following classifications of worker, which causes the smallest obligation to the employer? Employee Independent contractor Union workers Both independent contractor and employee - ✔✔-Independent contractor Which of the following is not one of the three different tests commonly used to determine if a worker is an employee or independent contractor? The working description test The economic realities test The IRS 20-factor analysis The common law agency test - ✔✔-The working description test What is the main purpose of the economic realities test? Determine if a business has enough economic freedom to hire and fire whomever it deems necessary Determine whether the worker has little freedom to exit the relationship because he/she is economically dependent on the business Understand the pressure unions are putting on the cost of business Discover if an organization can afford to hire more employees - ✔✔-Determine whether the worker has little freedom to exit the relationship because he/she is economically dependent on the business The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed independent contractors. Which of the following is not a factor? Relationship: How many hours per year do the employee and employer spend time together outside of work? Training: How much training does the employer give? Instructions: Who controls when, where, and how work is to be done? Integration: How closely are the employer business processes linked to a worker's performance? - ✔✔- Relationship: How many hours per year do the employee and employer spend time together outside of work? What is the definition of an employer? A person who pays for the goods or services of another An entity that employs another to work on his or her behalf for pay An entity that produces goods and services A person who works to provide a good or service for another - ✔✔-An entity that employs another to work on his or her behalf for pay Operations of two or more employers are considered so intertwined that they can be considered the single employer for purposes of both federal statutory coverage and liability. This is known as a(n): Integrated enterprise Conglomerate Publicly traded compan [Show More]

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