Employment Law (C233 )
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Free Employment Law (C233 ) Questions
Which of the following is the best example of a BFOQ (Bona Fide Occupational Qualification)
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An airline that only hires female flight attendants
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A prison that hires only male guards
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A Chinese restaurant that hires only Asian wait staff
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A private Catholic school that hires only Catholics as teachers
Explanation
Correct Answer
D. A private Catholic school that hires only Catholics as teachers
Explanation
A BFOQ (Bona Fide Occupational Qualification) applies when a particular characteristic (such as religion) is essential for performing the job's primary duties. In this case, a Catholic school hiring only Catholic teachers aligns with its religious mission and is considered a valid BFOQ.
Why other options are wrong
A An airline that only hires female flight attendants
This would likely not qualify as a BFOQ because gender is not essential to performing the duties of a flight attendant.
B A prison that hires only male guards
While there are limited scenarios where gender may be a BFOQ (e.g., privacy concerns in correctional facilities), it is not automatically applicable in every case.
C A Chinese restaurant that hires only Asian wait staff
Hiring based on race or ethnicity is not permissible under Title VII of the Civil Rights Act and would not qualify as a BFOQ.
What is the most true regarding Juanita's situation with Marco at Sales R Us
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Juanita has a claim of sexual harassment against her supervisor and Sales R Us may be held liable because of the agency relationship.
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Juanita must confront Marco before she can take any course of action
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Juanita has a claim of sexual harassment against her supervisor but not Sales R Us.
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Do nothing since Marco is not employed by Sales R Us so there is no direct authority.
Explanation
Correct Answer
A. Juanita has a claim of sexual harassment against her supervisor and Sales R Us may be held liable because of the agency relationship.
Explanation
Employers can be held liable for the actions of supervisors due to the agency relationship, especially if the harassment occurs in the workplace and affects the employee’s ability to work.
Why other options are wrong
B. Juanita must confront Marco before she can take any course of action.
Confrontation is not a requirement for filing a harassment claim. Employees are encouraged to report harassment, but they do not need to confront the harasser.
C. Juanita has a claim of sexual harassment against her supervisor but not Sales R Us.
Sales R Us can be held liable for the actions of a supervisor under the doctrine of vicarious liability.
D. Do nothing since Marco is not employed by Sales R Us so there is no direct authority.
If Marco is Juanita's supervisor or a person in a position of power within Sales R Us, his employment status impacts liability, but the harassment claim can still proceed.
What must a claimant show to establish a Prima Facie case of disparate treatment under Title VII
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is a member of a protected class, applied for a job for which was qualified, was rejected despite being qualified, and the job remained open and the employer continued to seek applicants.
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is a member of a protected class, a discriminatory act took place, was qualified for the job but still got rejected, and performance was not an issue.
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A discriminatory act took place, applied for a job for which was qualified, some adverse effect happened because of the act, and after being rejected the job remained open and the employer continued to seek applicants.
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A discriminatory act took place, some adverse effect happened because of the act, and performance was not an issue.
Explanation
Correct Answer
A. is a member of a protected class, applied for a job for which was qualified, was rejected despite being qualified, and the job remained open and the employer continued to seek applicants.
Explanation
To establish a Prima Facie case of disparate treatment under Title VII, the claimant must show they belong to a protected class, were qualified for the position, were rejected, and the employer continued seeking applicants, suggesting discriminatory intent.
Why other options are wrong
B. is a member of a protected class, a discriminatory act took place, was qualified for the job but still got rejected, and performance was not an issue.
This description includes some inaccuracies and omits the detail about the job remaining open and the employer continuing to seek applicants.
C. A discriminatory act took place, applied for a job for which was qualified, some adverse effect happened because of the act, and after being rejected the job remained open and the employer continued to seek applicants.
This option inaccurately combines elements and adds unnecessary steps beyond what is required for a Prima Facie case under Title VII.
D. A discriminatory act took place, some adverse effect happened because of the act, and performance was not an issue.
This description is incomplete and lacks the critical elements of applying for a job, being rejected, and the job remaining open.
An employee claimed the need for special treatment based on Title VII of the Civil Rights Act of 1964. What is the first question a human resources professional should ask to determine if this law applies to the employee
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Rule
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Scope of employment
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Doctrine
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Does the employee meet the eligibility requirements?
Explanation
Correct Answer
D. Does the employee meet the eligibility requirements?
Explanation
Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees and protects individuals from discrimination based on race, color, religion, sex, or national origin. Before assessing the claim, HR professionals need to confirm if the employee is eligible under the criteria set by the law. This is crucial to ensure the claim falls under the legal jurisdiction of Title VII.
Why other options are wrong
A. Rule is too vague and does not address the specific application of Title VII to the employee's claim. It does not consider the law's eligibility criteria for employees or employers.
B. Scope of employment pertains to employer liability for an employee's actions, not the applicability of discrimination laws. It is unrelated to determining the employee's eligibility under Title VII.
C. Doctrine refers to general legal principles but does not specifically address the eligibility question under Title VII. It fails to provide a practical approach to applying the law to the employee's case.
Which act prohibits discrimination in all employment decisions on the basis of age and prohibits mandatory retirement
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Equal Pay Act
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Age Discrimination in Employment Act
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Pregnancy Discrimination Act
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Americans with Disability Act
Explanation
Correct Answer B. Age Discrimination in Employment Act
Explanation
The Age Discrimination in Employment Act (ADEA) prohibits discrimination in employment decisions based on age for individuals 40 years or older. It also restricts employers from enforcing mandatory retirement policies, with limited exceptions for certain occupations, such as airline pilots.
Why other options are wrong
A. Equal Pay Act
The Equal Pay Act addresses wage disparities based on sex, not age-related employment discrimination.
C. Pregnancy Discrimination Act
The PDA protects against discrimination based on pregnancy, childbirth, or related conditions, not age.
D. Americans with Disability Act
The ADA prohibits discrimination against individuals with disabilities, not age-based discrimination.
What recourse is available to Suzy after being fired by Safety Corp for reporting safety violations to OSHA
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Suzy may have a claim for wrongful termination based on the Public Policy Exception.
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Suzy may have a claim for wrongful termination based on Constructive Discharge.
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Suzy may have a claim for wrongful termination based on a violation of the Good Faith and Fair Dealing Covenant.
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Suzy may have a claim for wrongful termination based on an Implied Contract exception.
Explanation
Correct Answer
A. Suzy may have a claim for wrongful termination based on the Public Policy Exception.
Explanation
The Public Policy Exception protects employees from retaliation for engaging in activities that serve a public interest, such as reporting safety violations. OSHA violations fall under this category, giving Suzy grounds for a wrongful termination claim.
Why other options are wrong
B. Constructive Discharge occurs when an employee is forced to resign due to intolerable working conditions, which does not apply in Suzy's case.
C. While Good Faith and Fair Dealing is a valid legal concept, it does not specifically apply to Suzy’s situation of being fired for reporting safety violations.
D. There is no indication that an Implied Contract existed to protect Suzy’s employment in this scenario.
Which term indicates that an employer may terminate an employee at any time, for any legal reason, without incurring liability
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Decisis
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At-will employment
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Enterprise
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Clause
Explanation
Correct Answer
B. At-will employment
Explanation
At-will employment allows employers to terminate employees at any time for any lawful reason, as long as the termination does not violate laws or contracts. This principle provides flexibility to both the employer and the employee in the working relationship.
Why other options are wrong
A. Decisis relates to legal precedents in court decisions, not employment termination policies.
C. Enterprise refers to corporate integration or operations, not employee termination.
D. Clause is a term often used in contracts but does not define the ability to terminate employment.
Which doctrine is used in U.S. courts to align current cases with prior legal decisions
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Enterprise
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Decisis
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Realities test
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Clause
Explanation
Correct Answer
B. Decisis
Explanation
The doctrine of stare decisis obligates courts to follow established precedents when resolving current cases, maintaining consistency and fairness in the legal system.
Why other options are wrong
A. Enterprise does not relate to legal doctrines or court processes. It is irrelevant in the context of judicial precedents.
C. Realities test pertains to determining employment classifications, such as independent contractor status, and is unrelated to judicial precedent.
D. Clause is a broad term and does not refer to a specific legal doctrine, making it irrelevant in this context.
What does the Employee Retirement Income Security Act (ERISA) require employers to do
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Provide retirement benefits to all employees
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Interfere with employee benefit rights
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Deliver promised benefits
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Offer compensation plans
Explanation
Correct Answer C. Deliver promised benefits
Explanation
ERISA ensures that employers manage and maintain benefit plans, including retirement and health plans, in the best interest of employees. It requires that promised benefits be delivered and protects employees' rights to these benefits.
Why other options are wrong
A Provide retirement benefits to all employees
ERISA does not mandate employers to offer retirement benefits to all employees; it regulates how these benefits must be managed if they are offered.
B Interfere with employee benefit rights
ERISA explicitly protects employees from interference with their benefit rights, making this option incorrect.
D Offer compensation plans
While ERISA may regulate compensation-related benefits, it does not specifically require employers to offer compensation plans.
Which law prohibits employers from using polygraph tests for employment recruiting and retention purposes, except in specific situations
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Whistleblower Protection Act
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Fair Credit Reporting Act
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Labor Management Relations Act
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Employee Polygraph Protection Act
Explanation
Correct Answer D. Employee Polygraph Protection Act
Explanation
The Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detector tests for pre-employment screening or during employment. There are limited exceptions, such as for certain security firms and cases involving theft or economic loss where the employee is under suspicion.
Why other options are wrong
A. Whistleblower Protection Act
This act protects employees from retaliation for reporting illegal or unethical activities but does not regulate polygraph tests.
B. Fair Credit Reporting Act
The FCRA governs the use of consumer reports, like credit checks, during employment decisions but does not address lie detector tests.
C. Labor Management Relations Act
This act focuses on labor practices, union rights, and employer-employee relationships but does not regulate the use of polygraph tests.
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HRM 3100 C233 Employment Law Study Notes
1. Introduction to Employment Law
Employment law governs the relationship between employers and employees. It encompasses a wide range of legal issues, including hiring, wages, working conditions, discrimination, and termination. Understanding employment law is crucial for both employers and employees to ensure compliance with legal standards and to protect rights.
- Employment Relationship: The legal relationship between an employer and an employee, defined by contracts and governed by laws.
- Rights and Obligations: Both parties have rights and obligations that must be adhered to, such as the right to a safe workplace and the obligation to pay minimum wages
2. Key Legislation in Employment Law
The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards.
- Minimum Wage: As of 2023, the federal minimum wage is $7.25 per hour.
- Overtime: Non-exempt employees must receive overtime pay at 1.5 times their regular rate for hours worked beyond 40 in a workweek.
- Example: An employee earning
- 10/hourworks45hoursinaweek.Theyareentitledto
- 10/hourworks45hoursinaweek.Theyareentitledto400 for the first 40 hours and
- 75 forte5 overtime hours,totaling
- 75 for the 5 overtime hours,totaling475.
Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin.
- Protected Classes: Groups of people protected from discrimination.
- Example: A company cannot refuse to hire someone because of their religious beliefs.
The ADA prohibits discrimination against individuals with disabilities and requires reasonable accommodations.
- Reasonable Accommodation: Modifications or adjustments that enable a qualified individual with a disability to perform essential job functions.
- Example: Providing a sign language interpreter for a deaf employee.
The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.
- Eligibility: Employees must have worked for the employer for at least 12 months and have worked 1,250 hours over the past 12 months.
- Example: An employee takes leave to care for a newborn child and is guaranteed the same or an equivalent position upon return
OSHA ensures safe and healthful working conditions by setting and enforcing standards.
- Employer Responsibilities: Provide a workplace free from recognized hazards and comply with OSHA standards.
- Example: An employer must provide protective equipment to employees working with hazardous materials
3. Employment Contracts and At-Will Employment
An employment contract is a written or implied agreement that outlines the terms and conditions of employment.
- Key Elements: Job description, salary, benefits, duration of employment, and termination conditions.
- Example: A signed contract stating an employee will receive a $50,000 annual salary with health benefits.
At-will employment means that either the employer or the employee can terminate the employment relationship at any time, for any reason, with or without cause.
- Exceptions: Discrimination, retaliation, and violation of public policy.
- Example: An employer cannot fire an employee for reporting safety violations.
4. Discrimination and Harassment in the Workplace
Discrimination occurs when an employee is treated unfairly based on protected characteristics.
- Types: Direct, indirect, and systemic discrimination.
- Example: Paying women less than men for the same work.
Harassment involves unwelcome conduct based on protected characteristics that creates a hostile work environment.
- Types: Quid pro quo and hostile work environment.
- Example: A supervisor demanding sexual favors in exchange for a promotion.
5. Wage and Hour Laws
The minimum wage is the lowest hourly rate that employers can legally pay employees.
- Federal vs. State: Some states have higher minimum wages than the federal rate.
- Example: California's minimum wage is $15.50 per hour as of 2023.
Overtime pay is required for hours worked beyond the standard 40-hour workweek.
- Exempt vs. Non-Exempt: Exempt employees are not entitled to overtime pay.
- Example: A non-exempt employee working 50 hours in a week is entitled to 10 hours of overtime pay.
6. Workplace Safety and Health Regulations
OSHA sets standards to ensure workplace safety.
- Examples: Proper labeling of hazardous materials, providing safety training, and maintaining equipment.
- Example: An employer must provide fall protection for employees working at heights.
Employees have the right to a safe workplace and to report unsafe conditions without fear of retaliation.
- Example: An employee can file a complaint with OSHA if they believe their workplace is unsafe.
7. Employee Benefits and Leave Policies
Benefits are non-wage compensation provided to employees.
- Types: Health insurance, retirement plans, paid time off.
- Example: An employer offers a 401(k) plan with matching contributions.
Leave policies provide employees with time off for various reasons.
- Types: Sick leave, vacation, parental leave.
- Example: An employee takes 6 weeks of parental leave to care for a new child.
8. Termination and Unemployment
Termination is the end of an employment relationship.
- Types: Voluntary (resignation) and involuntary (dismissal).
- Example: An employee is terminated for poor performance.
Unemployment benefits provide temporary financial assistance to eligible workers who are unemployed through no fault of their own.
- Eligibility: Must meet state-specific requirements.
- Example: An employee laid off due to company downsizing applies for unemployment benefits
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