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WGU C233 Employment Law Exam With 100% Correct Answers 2024. 577 Questions And Correct Answers. With Complete Solution. Actual Exam Questions Included 2024/2025. Guaranteed Pass.$15.49
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WGU C233 Employment Law Exam With 100% Correct Answers 2024. 577 Questions And Correct Answers. With Complete Solution. Actual Exam Questions Included 2024/2025. Guaranteed Pass.
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Course
WGU C233
Institution
Western Governors University
WGU C233 Employment Law Exam With 100% Correct Answers 2024. 577 Questions And Correct Answers. With Complete Solution. Actual Exam Questions Included 2024/2025. Guaranteed Pass.
Employing fewer than 10 employees so the ADEA does not apply
Which employer action is a possible employer defense t...
WGU C233 Employment Law Exam With 100% Correct
Answers 2024. 577 Questions And Correct Answers. With
Complete Solution. Actual Exam Questions Included
2024/2025. Guaranteed Pass.
Employing fewer than 10 employees so the ADEA does not apply
Which employer action is a possible employer defense to a claim asserted under the federal Age
Discrimination in Employment Act (ADEA)?
Integrated enterprise
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?
Does the employee meet the eligibility requirements?
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?
Economic realities test
Which test is used to distinguish an independent contractor from an employee?
Pervasive conduct
Unwelcome conduct
Which two types of conduct make a company liable for race-based harassment?
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.
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?
Medical records
Which type of information is covered by the Fair Credit Reporting Act?
An individual HR employee who fails to check a new worker's eligibility to work in the United States
may face civil liability.
Which penalty is imposed by the Immigration Reform and Control Act?
Layoffs due to a severe unforeseen loss of capital
,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?
Which three types of statutory authority does the National Labor Relations Board (NLRB) have?
Provide the NLRB with contact information of workers eligible to vote in the election
What are the employer's responsibilities after the National Labor Relations Board (NLRB) has authorized
a union election?
The union may call a strike.
The employer may lock out the union workers.
Either party may resume discussions with the other.
Which three outcomes are legally possible if parties cannot resolve one or more mandatory issues during
collective bargaining negotiations and reach a deadlock?
The Federal Mediation and Conciliation Service must be notified.
After good faith negotiations, an employer and a labor union cannot resolve an issue and have reached
an impasse. What does the National Labor Relations Act (NLRA) require in this situation?
requiring workers to work more than eight hours per day or more than forty hours per week. This is
not so. The FLSA does require that overtime be paid, and that it is earned on a weekly, not daily, basis.
There is a misconception that the FLSA prevents employers from
continual training requirement
Under this requirement, employers are required to provide training to workers on a periodic basis and
whenever an employee is hired or transferred to a new job assignment.
The ______________ is the most frequently violated OSHA regulation.
Contributory negligence-the worker's errant conduct that contributes to the injury
Assumption of the risk-the worker knew and accepted the risk of potential injury; and
Fellow servant rule-another employee, not the employer, caused the injury.
Additionally, there were no national safety standards for the workplace, so work safety regulations
and remedies to injured workers were uneven.
In common law, an injured employee could make a tort claim against an employer for negligence if the
employer's breach of the duty to provide a safe workplace caused the worker's injury. However, three
employer defenses severely limit the relief an injured worker could obtain. These are:
,The plant shutdown or layoffs are due to a natural disaster
The firm experiences a severe and unforeseen loss of capital
When the company is faltering and giving notice would prevent obtaining capital to continue
operations
The WARN allows for an employer to escape the notice requirements if:
100 employees to provide detailed written advance notification of plant closings and mass layoffs to
affected employees, union bargaining units, and state and local government officials at least 60 days
prior to the closing. Employers are prohibited from plant closings or mass layoffs until the end of the
60-day notice period.
WARN requires employers with over
the negative referral provided by the former employer was in response to an employee's claims of
discrimination or acts of whistleblowing. The U.S. Supreme Court held that the term "employees" as
used in the retaliation section of Title VII extends to former employees.
In a retaliation referral claim, a former employee must show that
were inadequate.1
According to a survey done by Salary.com, some 90 percent of employee performance appraisals
- case involving disparate treatment discrimination arising out of performance appraisals actually
involving a lack of appraisals.
- a woman lawyer in a prestigious New York City law firm was able to show that over a twelve-year
period she received, after repeated requests, only one performance appraisal before she was
terminated, while during the same time period two younger male counterparts each received nine
appraisals. Moreover, the sole appraisal Esterquest received did not include a plan for remediation of
her performance deficiencies or a path to promotion, which was included in other employee's
evaluations. Under these circumstances she was able to show age and gender discrimination.
Esterquest v. Booz, Allen & Hamilton
Citizenship for specific federal jobs and public policy functions
English proficiency to the standard necessary to carry out essential business operations
The IRCA prohibits employers from discriminating in employment on the basis of nation of origin or
citizenship, with some exceptions. Unlike Title VII, the IRCA does allow an employer to discriminate in
favor of a citizen over a legal alien when both are equally qualified. There are two bona fide occupational
qualifications which come into play under IRCA:
- the Supreme Court has provided some leeway in using race and gender in employment decisions
without invoking reverse discrimination. For example, in voluntary affirmative action plans, private
employers may lawfully use race and gender in employment decisions where there has been a
historical "manifest imbalance" in the workplace when that effort is limited in duration and scope and
when it is not a quota system
, United Steelworkers v. Weber, 443 U.S. 193 (1979); Johnson v. Santa Clara County Transportation Agency
480 U.S. 616 (1987)
- reverse discrimination suit
- the Supreme Court upheld Michigan's voter-approved Proposal 2, which made unlawful any
discrimination or preferential treatment based upon a class characteristic in public education,
government contracting, and public employment. This had the specific effect of undoing Michigan's
university admissions rubrics, which allowed for consideration of race and gender in evaluating college
applications. The general effect of this was to put into question whether other university applications
systems nationwide, which allow for preferences, are valid
Schuette v. Coalition to Defend Affirmative Action, __ U.S. __(2014)
- candidates for firefighting positions in New Haven, which was seeking to promote the hiring of non-
white firefighters, were required to complete a validated qualification test. When the test revealed
that non-white applicants did not perform as well as white candidates, the city threw out the test as a
qualifying mechanism and started the hiring process anew.
- The Supreme Court held that New Haven had violated Title VII because the test was valid and the
decision not to use it was "race-conscious."
Ricci v. DeStefano, 557 U.S. 557 (2009)
- a white medical school applicant challenged the University of California at Davis' policy of setting
aside 16% of admission spots for "disadvantaged" minority applicants who could also compete in the
standard applicant pool. Mr. Bakke was qualified to be admitted, and he argued that the strict 16%
standard was an impermissible quota and unfair.
- While not dismissing the principles of AA, the Supreme Court agreed that the AA method used by the
university was unlawful, as it gave an unwarranted advantage to minority applicants.
Regents of the University of California v. Bakke (Bakke)
is not permissible.
Rigid quotas or reserving positions for a specific protected class of individuals who are less qualified
cancel a contract or debar a contractor from participating in bidding for future contracts. Additionally,
the DOL may ask the attorney general to seek equitable relief to enforce orders, seek that the
Department of Justice pursue criminal penalties where fraud is involved, publish the names of
offending contractors, and/or recommend to the EEOC that judicial proceedings be commenced under
Title VII.
Sometimes a contractor will run afoul of federal anti-discrimination statutes or Executive Order 11246.
The Department of Labor may
- in 1964 the New York State Commission for Human Rights had determined the sheet metal workers'
union had systematically excluded African-Americans from the union and from obtaining
apprenticeships.
- After 18 years of not complying with court orders to stop discrimination, the Supreme Court affirmed
a lower court order, entered in 1975, imposing an AA plan remedy upon the union which required a
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