Exam (elaborations)

WGU C233 EMPLOYMENT LAW OBJECTIVE ASSESSMENT EXAM NEWEST 2024 ACTUAL EXAM COMPLETE QUESTIONS AND CORRECT DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+

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wgu c233 employment law objective assessment exam

Institution WGU C233 .
Course WGU C233 .

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WGU C233 EMPLOYMENT LAW OBJECTIVE ASSESSMENT EXAM NEWEST 2024
ACTUAL EXAM COMPLETE QUESTIONS AND CORRECT DETAILED ANSWERS
(VERIFIED ANSWERS) |ALREADY GRADED A+

law - set of rules for human behavior which are established by legitimate authority

precedent - controlling rule, example or guide which provides framework for other
judges to follow

stare decisis - the doctrine of a court following precedent of an earlier court

constitution - supreme law of the land

judicial review - power of courts to determine if law follows constitution

supremacy clause - constitution, federal law, federal regulations are highest laws of
land

agency - contract relationship between principal and agent whereby principal
authorizes agent to work on his or her behalf

tort - civil wrong which causes someone harm

vicarious liability - form of secondary liability that comes from respondeat superior

respondeat superior - employer is responsible for employee actions performed within
scope of employment

scope of employment - Employee conduct that is reasonably relative to a job
description.

frolic and detour - employees physical departure from job for his/her best interest and
not employers (running personal errands on the way to a work meeting)

going and coming rule - removes employer from acts or omissions of employees on the
way to work

dual purpose mission - Occurs when an employee conducts personal and work
business at the same time

independent contractor - person who is not subject to wage, discrimination, tax and
liability laws

,common law agency test - test used to determine employee status, employer maintains
right to control method of work performed (work hours, dress code, billing processes)

economic realities test - worker is an employee if he is substantially economically
dependent on employer

IRS 20-factor analysis - A list of 20 factors to which the IRS looks to determine whether
someone is an employee or an independent contractor. (instructions, training,
integration, services rendered personally, hiring assistants etc)

integrated enterprise - operations of two or more employers are so intertwined that they
can be considered a single employer

joint employer - Two entities, not engaged in an integrated enterprise, that each exert
control over an employee

covered employment agency - An agency that regularly procures employees for at least
one covered employer-subject to employment law regulation.

covered employer - An employer that is engaged in a commerce industry and employs
fifteen or more employees.

employment at will - employer may terminate employee at any time for any legal reason
without incurring liability

public policy exception - invoked when an employee is terminated for reasons which
violate a public-policy interest. This can include an employee refusing to break the law,
exercising a legal right, fulfilling a statutory duty, or engaging in whistleblowing.

retaliatory discharge - Termination of an employee as punishment for engaging in a
protected activity.

implied contract - legally binding agreement which is created, not through formal
contract negotiation and documentation, but by the actions of the employer and the
employee. The conduct creating the implied contract may be oral assurances from the
employer that as long as an employee does good work he or she will have a job.

implied covenant of good faith and fair dealing - holds that each party to the
employment relationship makes an implied promise to treat each other in good faith and
fairness, and when that covenant is broken, the employee has a cause of action for
wrongful termination.

Constructive Discharge - employer allows intolerable conditions of unfairness or
mistreatment to exist at work to such a degree that no reasonable employee would feel
he or she had any other option but to quit.

, intentional interference with contract - third party pressures employer to fire employee
without cause

intentional infliction of emotional distress - employer terminates an employee in an
intentionally reckless or outrageous manner such that it causes serious emotional and
psychological damage, the fired employee may have a claim for wrongful termination

Civil Rights Act of 1964 - outlawed discrimination based on race, color, religion, sex, or
national origin. Covers employers with 15 or more employees

Equal Employment Opportunity Commission (EEOC) - enforces federal anti
discrimination statutes, provides oversight for all federal equal opportunity standards in
employment regulations.

disparate treatment - intentional adverse or unequal treatment of an individual based
upon a protected class characteristic

direct evidence - real, clear evidence that requires no interference to prove existence

comparative evidence - two employees were similarly situated but were treated
differently merely because of a class characteristic

Bona Fide Occupational Qualification (BFOQ) - qualification employer is allowed to
consider when hiring employees

pattern and practice - employer's policies have the purpose or effect of segregation or
assigning employees to particular aspects of a business enterprise for no legitimate
business necessity

Disparate Impact - the plaintiff claims not that the employer intentionally discriminated,
but rather the employer's procedures, policies, or practices are "not job-related and
consistent with a business necessity" and have the effect of creating an unnecessary
obstacle to employment opportunity for a specific protected class.

prima facie - evidence based on first impression, in order to file disparate impact claim
plaintiff must establish claims:An apparently neutral employer's procedure, policy, or
practice, which has the effect of limiting employment opportunities for a particular class.
That the difference in impact is substantial. Examples of neutral polices and protected
classes impacted might include:
Height and weight restrictions - gender/national origin
Language requirements - national origin
Physical strength tests - gender
Educational requirements - race; dress codes - gender/religion
No beard policies - gender/race/national origin/religion

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Exam (elaborations)

WGU C233 EMPLOYMENT LAW OBJECTIVE ASSESSMENT EXAM NEWEST 2024 ACTUAL EXAM COMPLETE QUESTIONS AND CORRECT DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+

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