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Terms in this set (70)Under respondent superior doctrine, an employer is only responsible for the employee action performed within the: Reasonable person standard Scope of Employment Which of the following is not an element of a prima facie discrimination case for gender discrimination? The employee is qualified for the position A person of the same gender received favorable employment action When operations of two or more employers are considered so intertwined that they can be considered the single employer, for purposes of both federal statutory coverage and liability, this is called a: Integrated Enterprise Integrated Enterprise Title VII covers employers who have "_________ or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person." Fifteen Fifteen An employee pursues self-interest as he or she runs a personal errand while driving to a meeting at a company branch office. What is this an example of? Reasonable person standard Frolic and detour When an employer classifies employees on the basis of gender, plus another characteristic, usually a family-related circumstance, what type of discrimination is this? Gender Plus Discrimination What was the seminal case establishing the concept of disparate impact? St. Mary's Honor Ctr. v. Hicks Griggs v. Duke Power A controlling rule, example, or guide is also known as: Judicial review Precedence
Which of the following is not a test that determines if an employee is an independent contractor? The economic realities test The right to work state law index Plaintiffs may allege that the supposed legitimate reason for adverse employment action is merely a __________ or cover-up for discrimination. Reasonable reason Pretext A monetary amount necessary to replace what the claimant lost, including money, pain, and other non-monetary losses is known as: Punitive damages Compensatory Damages The PDA prohibits employment discrimination on the basis of: Pregnancy All of the Above Under FMLA provisions, what is considered a qualifying event to receive leave time? Birth All of the Above
What protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination? ADEA EPA Agency is a _________________ 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. Freedom of choice Contract Relationship The ADEA applies to public and private employers and unions with more than __________ employees. 30 20 Sexual harassment is harassment directed at an employee because of his or her: Sexual
orientation Gender The number of age discrimination claims in general have: Increased Increased In age discrimination cases, it is important to note that a favored younger employee may be over 40 years old. The key is that the favored employee must be ______________ than the complaining employee, not that the favored employee is outside the protected class. Substantially younger Substantially Younger What is the purpose of ADEA waivers? In exchange for job security, the employee agrees to not join any of the local unions In exchange for retirement incentives, the employee agrees to not make a claim against the employer under the ADEA WARN requires employers with over __________ 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, ______ days prior. 50 : 120 100:60 The courts will not review whether the termination of an older worker was ________, but rather whether it was based upon clear procedures, objective budgetary considerations, and actual position elimination. Business necessity Fair Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status is known as _________ sexual harassment. Quid pro quo Quid Pro Quo Disparate treatment may be established by _____________ of discriminatory motive. Subjective evidence Direct Evidence What was enacted to require almost all employers to pay women and men equally for the same work? ADA EPA Religious beliefs, according to the EEOC, include theistic and non-theistic beliefs that are: Rationally accepted by a group of people Moral or ethical beliefs as to what is right and wrong that are sincerely held with the strength of traditional religious views Where an employee's religious practice conflicts with a work assignment, the employer must make a: Reasonable person's effort to help Reasonable Accommodation What is the central purpose of the independent living movement? To take disabled persons out of isolation and institutions and place them squarely in the mainstream community of school and employment To take disabled persons out of isolation and institutions and place them squarely in the mainstream community of school and employment What is the most common religion-related complaint in the workplace? Praying Proselytizing In the context of age discrimination, which of the following is an employer defense to disparate impact claims? Minimum age requirement Reasonable factor other than age Which of the following is a requirement that triggers liability for race-based harassment? A. The conduct must be unwelcome both A and B A majority of workers say _________ face more discrimination in the workplace than other groups. Hindus Muslims An employer hires a Black salesperson, but assigns the person to territories with a high percentage of Blacks or gives him/her only Black accounts. What is this an example of? Preferential treatment Steering Assignments Employers are required to accommodate religious diversity, but have no corresponding duty under Title VII to accommodate cultural or ______________ work conflicts. Ethical Nation of Origin It was permissible for a Jesuit university to deny a qualified Jewish philosophy professor a teaching position at the university on the basis of his religion. True or False True When looking at whether an accommodation is a hardship, which of the following is something the courts do not look for? The cost of accommodation in terms of wages and administration The duration of time the employee has spent with the employer The __________ regulates how consumer reporting agencies collect, correct, disseminate, and use consumer credit information. OSHA FCRA (The Fair Credit Reporting Act) The Supreme Court established the ____________ doctrine, which holds that Title VII is not violated when citizenship is a requirement for non-elected governmental positions when those positions require formulation, execution, or review of public policy issues. Political function Political Function Which of the following is not "encompassed" in the EEOC's definition of race? Mental capacity characteristics — GPA and ACT/SAT test scores Mental Capacity Characteristics (Intelligence) The Rehabilitation Act requires all covered employers to make a reasonable accommodation for the physical or mental disability of an employee unless the employer can establish that the accommodation would create ______________ based upon business needs and cost. An undue hardship An undue hardship A disabled person must be qualified to carry out the ____________________ before the protections of the ADA may be invoked. Practical tasks of the job Essential functions of the job When a worker's own errant conduct contributed to an injury in the line of work, this is known as: Fellow servant rule Contributory negligence A union shop that requires membership as a condition of employment is known as a(n): Right to work shop Closed Union Shop What was the purpose and effect of the amendment to the ADA of the ADAAA? It changed the employer rule to only organizations with
over 100 employees It broadened the definition of "major life activity" to be construed in favor of coverage Amendments to The Vietnam Era Veteran Readjustment Assistance Act of 1974 require that federal contracts entered into after 1 December, 2003, and worth more than _________________ require contractors and subcontractors to undertake AA for specified categories of veterans, which include a priority referral requirement for employment openings. $50,000 $100,000 Without having to file lawsuits, the federal government may suspend or cancel contracts with non-complying contractors or debar them from bidding on future government contracts. True or False True When the court either orders the imposition of an affirmative action plan, which it may continue to supervise, or allows the parties to develop an agreed-upon plan by way of settlement, this is known as: Diplomatic measures Judicial affirmative action The Americans with Disabilities Act (ADA) outlines that employers with a certain number of employees are subject to the guidelines of the Act. How many employees must an employer have before it must conform to the ADA? 15 15 The process of determining what accommodation is required is an intensive fact-specific inquiry conducted by the employer and the employee together. Which of the following is not an included step? The employer and employee engage in a joint determination regarding barriers to performance The employee determines which accommodation is reasonable. A review of what a contractor's workforce looks like is known as: Reasonable self-analysis Reasonable Self-Analysis The Electronic Communications Privacy Act (ECPA) prohibits employers from purposefully: A. Intercepting by electronic means
any employee wire, oral, or electronic communications Both A and B When an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm, this is known as:
Negligent referral Negligent retention What is the fundamental source of United States Immigration Law? NLRA INA (immigration and nationality act) When an employer makes and invasion into the private affairs of an employee, it may be the tort of invasion of privacy. There are four separate torts under the invasion of privacy umbrella. Which of the following is not included? Placement in false light Monitoring of company computers Which of the following is not a requirement of an AA plan? Reasonable rationale
for taking corrective action Reasonable quotas for change What office oversees affirmative action? ADA OFCCP (Office of Federal Contract Compliance Programs) O.S.H.A requires employers to "furnish to each of its employees ... a place of employment which [is] free from recognized hazards that are causing or are likely to cause death or serious physical harm." This is known as: General duty clause General Duty Clause What is the purpose of the Privacy Act of 1974? To govern the release of private information by
federal agencies about public employees To govern the release of private information by federal agencies about public employees When E-verify issues a tentative nonconformation response, the employer must inform the employee. How long does the employee have until he/she needs to reply to the necessary agency? 72 hours 8 days An English-only rule must be justified by: Business necessity Business necessity The purpose of the federal OSHA is to make workplaces safe by preventing worker illness and injury. When injuries do occur, the process of providing remedy is governed by state law and is called: Social support worker's compensation What is the easiest way to avoid discrimination claims due to performance appraisals? Apply performance criteria
equally to all employees Apply performance criteria equally to all employees Persons or entities that manage benefits funds are __________________ - guardians or caretakers - and must act with a high level of skill, due care, and prudence in that task. Councilors Fiduciaries The federal act that allows an employee - at his or her own expense - to continue company health care benefits for up to eighteen months or more when he or she leaves a job is known as the: Family and Medical Leave Act Consolidated Omnibus Budget Reconciliation Act (COBRA) Under the rules of the NLRA, only one union may be designated as the _________________ for workers in a particular location or industry. Official bargaining unit Official Bargaining Unit Organizations that represent workers in bargaining with employers to improve conditions of employment are known as: Federal commissions Unions What is a yellow dog contract? A contract that an employee signs in agreement to not join the union A contract that an employee signs in agreement to not join the union The federal Drug Free Workplace Act of 1988 requires federal contractors doing more than ________________ in business with the federal government to ensure a drug-free workplace through education and enforcement of drug-free policies. $250,000 $100,000 Which act prohibited the elimination of unions and expressly removed union organizing efforts from the "anti-combination" language of the Sherman Anti-Trust Act? Norris-LaGuardia Act The Clayton Act An employer hires a Black salesperson, but assigns the person to territories with a high percentage of Blacks or gives him/her only Black accounts. What is this an example of? Preferential treatment Steering Assignments Sets with similar termsEmployment Law57 terms aks0033 Employment Discrimination202 terms tmdeberry0803 Staffing Chapter 3--The Legal Context55 terms mlbunch Sets found in the same folderWGU Employment Law - C233 Study Guide56 terms racheva Employment Law - C233 Assessment48 terms Nick_Purple4 WGU - EMPLOYMENT LAW - TERMS231 terms Deborah_Freeeland C233 Employment Law147 terms stephaniermcd Other Quizlet sets6624 Exam 1 Study Guide Set30 terms Katie_Pilant ATI Skills Module 3.0 - Oxygen Therapy11 terms EZC475 Stems 625 terms greatBlazeE BA 471 Final34 terms elisebrodiee Related questionsQUESTION New jersey real estate commission NJREC 15 answers QUESTION Viola is a director of Water Pure Corporation. With respect to Water Pure, Viola's most important right is the right of 15 answers QUESTION What clause of the Editor's Code concerns privacy and what does it say? 5 answers QUESTION NRS 645.633 violation is guilty of l. Recording or causing to be recorded 12 answers |
Which of the following is not an element in an organizations affirmative action plan Quizlet
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