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American with Disabilities Act (ADA) - Employers with 15 or more employees are prohibited from discriminating against people with disabilities. In general, the employment provisions of the ADA require: - equal opportunity in selecting, testing, and hiring qualified applicants with disabilities -...

Describe the three (3) exceptions to employment at will. Just cause. Discrimination. Public policy. Describe constructive discharge. Constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a ho...

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 s...

Agency is a(n) __________ relationship (a legally binding agreement) between a principal and an agent whereby the 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 Befo...

What is an example of constructive discharge? - -Quitting due to ongoing sexual harassment that isn't remedied Describe how intentional interference with a contract may happen. - -a third party, perhaps a coworker or client, pressures the employer to terminate an employee without cause. The idea ...

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 Stare Decisis (precedent) - -"Let the decision stand"...courts generally ...

The elements of a prima facie discrimination case for gender discrimination are: - -The employee is the protected class, The employee is qualified for the position, The employee suffers some adverse employment action, A person of opposite gender received favorable employment action or the employer...

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 singl...

What is judicial review? - -The power of the Supreme Court to consider whether a law comports with the Constitution Which of the following is NOT a purpose or function of law? *Settle private and public disputes *Determine procedures for changing the law *Prevent desirable, or promote undesirab...

Implied Contract - -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 - -mandates that the constitution, federal law, treaties and federal regulations are the highest...

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 singl...

Explain employer's use of E-verify and how it ascertains worker eligibility - -E-verify is an internetbased system operated by the feds which allow an employer to determine the eligibility of an employee to work in the U.S. using info reported on that employee's Form I-9, Employment Eligibility V...

How would an HR professional determine whether an employment law is applicable to his/her employer? - -The first step is determining which federal employment statutes apply to the firm. Some federal laws apply to all employers regardless of size. The second would be to determine if the employer d...

What is the National Labor Relations Board (NLRB) and what are its main functions? - -It is a federal administrative agency empowered with legal authority to issue orders to remedy unfair labor practices, oversee union elections, and decertify unions. List unfair labor practices perpetrated by an...