WGU C233 EMPLOYMENT LAW EXAM
NEWEST ACTUAL EXAM WITH COMPLETE
QUESTIONS AND DETAILED ANSWERS
GRADED A | BRAND NEW!!!
John F. Kennedy made the proposition to Congress that race
had no place in: - ✔✔✔ Correct Answer > American life or law
Kennedy stated: "Next week I will ask the Congress of the
United States to act, to make a commitment it has not fully
made in this century to the proposition that race has no place
in American life or law."
For Title VII purposes, religious beliefs cover: - ✔✔✔ Correct
Answer > The ultimate ideas about life, purpose, and death
Under Title VII, beliefs become religious beliefs when they are
based on the ultimate ideas about life, purpose, and death.
Severity and Pervasiveness of Unwelcome Conduct - ✔✔✔
Correct Answer > the EEOC looks at:
The frequency of the action
The severity of the unwelcome conduct
,The physical or threatening nature of the harassment
The impact on the victim's performance
Unwelcome Conduct - ✔✔✔ Correct Answer > In the race and
color context, virtually all race-based conduct may be
eventually considered unwelcome. This includes joking or
playful banter, even where the victim is a participant, because
such conduct can quickly turn a workplace in a hostile work
environment. Moreover, while an occasional joke may be taken
lightly, over time such banter can have a fatiguing effect upon
the employee to whom it is directed. The best policy is to
strictly prohibit workplace race or color joking.
There are two requirements to trigger liability for race-based
harassment: - ✔✔✔ Correct Answer > The conduct must be
unwelcome; and
The conduct must be sufficiently severe or pervasive to alter
the terms and conditions of employment in the mind of the
victim and from the perspective of a reasonable person in the
victim's position.
EEOC statistics show that, annually, 20 percent of employee
complaints of religious discrimination involve - ✔✔✔ Correct
Answer > bias against Muslims.
,Supreme Court in Hazen Paper Co. v. Biggins, 507 U.S. 604 -
✔✔✔ Correct Answer > - age and seniority are "analytically
distinct" from each other in the ADEA context.
- a paper company's decision to terminate an employee
because his pension was about to "vest" did not violate the
ADEA. That is, the decision was made due to years of service
and "vesting," not due to the employee's age.
- the Supreme Court noted that the ADEA was designed to
eliminate practices based upon the negative and unsupported
age stereotypes of reduced performance and competence and
that the paper company's decision was not motivated by these
considerations.
* Notwithstanding the Hazen case, and because of the high
correlation between salary and age, federal courts are not
unified regarding the issue of whether RIF plans based solely on
salary constitutes disparate impact under the ADEA.
General Dynamics Land Systems, Inc v. Cline - ✔✔✔ Correct
Answer > - Virtually every federal court hearing age
discrimination claims has ignored the EEOC regulation and
concluded that the ADEA's protections do not provide a cause
of action to younger workers within the protected class who
complained that older workers were treated more favorably.
, - The United States Supreme Court held that employers may
always favor the old over the young, even with both candidates
being 40 years of age and older. Justice Souter wrote that "the
enemy of 40 is 30 not 50." The idea was that without this rule,
all retirement and seniority plans would be rendered null.
Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) and
Faragher v. Boca Raton, 524 U.S. 775 (1998)
This is often called the Ellerth/Faragher affirmative defense. -
✔✔✔ Correct Answer > - When a supervisor has engaged in
sexual harassment, the employer may, nevertheless, raise an
affirmative defense.
- The Supreme Court held that an employer may avoid liability
for supervisor harassment by proving affirmatively that: 1) the
employer exercised reasonable care to prevent and correct the
harassment - through training and policy enforcement; and 2)
the plaintiff unreasonably failed to take advantage of the
preventative or corrective opportunities that the employer
provided.
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 106 S.Ct. 2399
(1986)(Meritor) - ✔✔✔ Correct Answer > - The seminal case for
hostile environment sexual harassment
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