Exam (elaborations)
C233 Employment Law Questions With Answers
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C233 Employment Law Questions With Answers
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C233 Employment Law Questions WithAnswers
Implied Contract - ANSWER- Legally binding agreement which is created, not through
formal contract negotiation and documentation, but by actions of employer and
employee
AKA-oral assurances
Supremacy Clause - ANSWER- mandates that the constitution, federal law, treaties and
federal regulations are the highest laws of the land and have priority over state law.
Frolic and Detour - ANSWER- Employee's physical departure from the job in order to
further his/her own interests and not the employers.
Dual Purpose Mission - ANSWER- Occurs when an employee conducts personal and
work business at the same time; subjecting the employer to the employees actions
Pregnancy Discrimination Act (PDA) - ANSWER- 1978; Prohibits employment
discrimination on the basis of pregnancy, childbirth, or related medical conditions.
Pregnant women must be treated in the same manner as other applicants or employees
with similar abilities or limitations. (possibly as a temporarily disabled worker)
Equal Pay Act 1963 (EPA) - ANSWER- protects men and women who perform
substantially equal work in the same establishment from sex-based wage discrimination
Civil Rights Act of 1991 - ANSWER- allows for compensatory and punitive damages for
violations of Tytle VII
Age Discrimination in Employment Act of 1967 (ADEA) - ANSWER- protects individuals
who are 40 years of age or older
Americans with Disabilities Act of 1967 (ADA) - ANSWER- prohibits disability
discrimination in the private sector
The Rehabilitation Act of 1991 - ANSWER- prohibits discrimination against qualified
individuals with disabilities who work in the federal government
Uniformed Services Employment and Re-employment Rights Act (USERRA) -
ANSWER- protects military personnel from employment disctrimination
Equal Employment Opportunity Commission (EEOC) - ANSWER- federal agency
created by the Civil Rights Act of 1964 and today enforces federal anti-discrimination
, statutes, and provides oversight for all federal equal opp standards in employment
regulations
Discriminatory Evidence - ANSWER- -Direct Evidence
-Comparative Evidence
-Bona Fide
-Pattern and Practice
Direct Evidence - ANSWER- Real, clear evidence of discrimination that requires no
inference or consideration to prove existence
Comparative Evidence - ANSWER- Two employees were similarly situated but were
treated differently merely because of class characteristic.
Bona Fide Occupational Qualification (BFOQ) - ANSWER- A reasonable employment
qualification that an employer is allowed to consider when making decisions about hiring
and retaining employees
Pattern and Practice - ANSWER- discrimination is where the employers policies have
the purpose or effect of segregation or assigning employees to particular aspects of a
business enterprise for no legitimate business necessity
Gender Plus Discrimination - ANSWER- results when an employer classifies employees
on a basis of gender, plus another characteristic-usually a family-related circumstance
Anti-Female Animus - ANSWER- An environment of animosity toward women
Quid Pro Quo - ANSWER- (this for that). Notion that an employer seeks sexual favors in
exchange for some positive employment outcome for an employee
Tangible Job Action - ANSWER- an employment outcome arising out of sexual
harassment
Hostile Work Environment Requirements - ANSWER- -Unwelcome conduct towards
victim
-objectionable conduct based on gender
-conduct sufficiently sever or pervasive to create abusive working environment
-conduct alters the conditions of employment in a way which negatively affects victim
-employer knew or should have known the unwelcome conduct and took insufficient
action to address
Unwelcome Conduct - ANSWER- not solicited by the employee and that a reasonable
person would regard as offensive or unwanted
First Written Warning - ANSWER- 2nd step in a disciplinary process, which advises an
employee that work behavior must change, lays out steps that have already been taken
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