WGU C233 Employment Law, top exam questions with accurate answers, rated A

WGU C233 Employment Law, top exam questions with accurate answers, rated A+ Which of the following laws has the least amount of power under the Supremacy Clause? - -State Laws _____________ prohibits termination for other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute. - -Montana Wrongful Discharge From Employment Act What did the U.S.C. Section 1981 provide to all citizens, including those of African descent? - -The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws How long does the application Title VII continue after a firm has reached a critical mass of 15 employees? - -One year Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) and its 2008 Amendments (ADAAA) prohibit disability discrimination in the: - -Private sector In the private employer arena, an employee would have to look to the public policy exceptions and to the _____________ to determine if a case for retaliatory discharge is available. - -At-will doctrine Favorable actions to an employee cannot be seen as retaliation. - -False The prima facie case for gender plus discrimination based on family composition would not require the complaining workers to show which of the following? - -Similarly situated workers of the same gender, with 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. - -McDonnell Douglas 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? - -EPA - Equal Pay Act The so-called ADEA waiver prevents a retiree from personally suing under the ADEA, but does not prevent him or her from making an age discrimination claim with the EEOC. - -True What is the purpose of the Older Worker Benefit Protection Act? - -To protect older workers from potential abuse and to prevent circumvention of ADEA anti-discrimination protections The Supreme Court in Hazen Paper Co. v. Biggins held that a paper company's decision to terminate an employee because his pension was about to "vest" was: - -Not in violation of the ADEA A nursing home decided to reduce costs by terminating its highest-paid and least-productive employees. To ensure that supervisors accurately assessed productivity and did not base evaluations on stereotypes, the employer instructed supervisors to evaluate productivity in light of objective factors such as the number of patients served, errors attributed to the employee, and patient outcomes. Which of the following is true of this example? - -Even if the practice did have a disparate impact on older employees, the employer could show that the practice was based on a RFOA Under the ADEA, there is no _______________ for age. Moreover, the condition of being over 40 is not a disability. - -Reasonable accommodation Which of the following is not a typical position that can be defended by the BFOQ defense? - -Cook Why is vegetarianism not considered a religion, while Jainism, which espouses vegetarianism, is? - -Vegetarianism is an isolated precept while Jainism is a comprehensive belief system. Once an employer becomes aware of a work-religion conflict, and the employee asks for an accommodation, the employer must determine first: - -if the conflict is indeed a religious one Which of the following is not correct? When looking at whether an accommodation is a hardship, courts look to the employer's: - -Number of employees accommodated in the past Employers must provide reasonable accommodation for an employee who seeks to display icons or religious messages at work stations, engage in regular discussions of religious beliefs, pray at work stations, overtly read scripture, hand out literature to co-workers, or use religious phrases in greeting others. - -True The federal government has adopted a policy that provides for employee religious speech at public facilities, but with reasonable restrictions on time, manner, and place, as well as consideration for: - -Co-workers who have made it clear the speech is unwelcome What is the definition of Bona Fide? - -"in good faith." Given that the request is legitimate, an employer has the duty to provide the employee with a reasonable accommodation, even if undue hardship is caused to the business. - -False