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WGU D352 - Employment And
Labor Law Practice Exam
Questions and Correct Answers
A federal contracting company has failed a recent safety inspection. Repairs will be made in 60 days, when additional funds are available. An employee feels morally obligated to report the situation to the Occupational Safety and Health Administration (OSHA) but is afraid of potential consequences. Which provision of Title VII will protect this employee? Section 1 Retaliation The Whistleblower Act provides protection for employees who report safety hazards in the workplace. Section 1 True What is the purpose of the Sarbanes-Oxley Act? Section 1 To impose civil and criminal penalties against employers who take actions against whistleblowers According to the Model Employment Termination Act (META), every dismissal must show good cause in order to protect employees from wrongful discharges. Section 1 True What are two justifications for at-will employment? Choose 2 answers. Section 1 free enterprise; freedom of contract An employee is terminated for reporting a supervisor's wrongdoing. Which employment-at-will exception does this situation exemplify? Section 1 Public Policy Exception
Courts often refuse to take on negligent infliction of emotional stress cases. Section 1 True Which claim is appropriate for a plaintiff who alleges a third party was responsible for an employee's termination? Section 1 Tortious interference with contract What action by an employee are protected by qualified privilege? Section 1 Sending comments about an employee's performance through company email What action can employers take during the hiring process to avoid negligent hiring claims? Check references and... Section 1 Conduct background checks What are 2 torts of common-law privacy? Disclosing private facts about an individual and... Section 1 Misrepresenting an individual to the public HIPAA prevents employers from using an employee's protected health information for personnel decisions. Section 1 True What must employers do to comply with the Immigration Reform and Control Act (IRCA) when hiring new employees? Section 1 Examine documents that verify authorization to work identity What is the purpose of The Immigration Reform and Control Act (IRCA)? To allow immigrants to remain in the U.S. if they meet certain requirements and... Section 1 To prosecute employers that hire undocumented (illegal) workers
What are the 2 purposes of Affirmative Action programs? To establish fair access to employment opportunities and... Section 1 To promote opportunities for minority employees Title VII requires all employers to enact affirmative action plans. Section 1 False What is an example of a legal affirmative action program? Section 1 A recruiting program that sends representatives to a women's organization Sexual harassment is a form of gender discrimination. Section 1 True An employee's coworker continues to make unwanted comments regarding the employee's physical qualities and abilities after the employee asked the coworker to stop. As a result, the employee's performance has decreased significantly. Which type of harassment is described in this scenario? Section 1 Hostile environment Which employer action is an example of gender-plus discrimination? Section 1 Refusing to hire women with infants after hiring men with infants The Equal Pay Act recognizes comparable worth. Section 1 - Lesson 10 False Which disadvantage is associated with an employer using gender-based actuarial tables to determine premiums and benefits for pensions? Section 1 - Lesson 10 Women the same age as men would pay higher premiums for the same benefits.
Which two types of businesses are exempt from the Equal Pay Act? Seasonal amusement and... Section 1 - Lesson 10 Fishing industries A company's sick-leave pay benefits must also cover pregnancy-related leaves if they cover temporary disabilities. Section 1 - Lesson 11 True Which two conditions would entitle an eligible worker to medical leave under the Family Medical Leave Act (FMLA)? A pregnancy complication that requires an employee's spouse to be hospitalized and... Section 1 - Lesson 11 An upper respiratory illness that incapacitates an employee's child for a week What are the two benefits to military personnel of the final rule amendment to the Federal and Medical Leave Act (FMLA)? Increases the time to 15 days to spend with a service family member and... Section 1 - Lesson 11 Expands the list of healthcare providers to support caregiver leave Which two employer actions are examples of discrimination against national origin? Discharging a worker due to an association with a specific ethnic group and... Section 1 - Lesson 12 Imposing height requirements for a specific job opening All religious institutions, societies, corporations, educational institutions, and associations are exempt from religious discrimination requirements under Title VII under section 702(a). Section 1 - Lesson 12 True Which action by an employer violates Title VII? Section 1 - Lesson 12 Imposing a requirement that new hires receive training in a foreign country
**Candidates for firefighter positions must meet certain height and weight requirements to be eligible to work in a particular city. The fire department will determine from the Uniform Guidelines on Employee Selection Procedures if the requirements are valid criteria. How should the fire department determine this? Prove a statistical correlation with high job performance **A male manager repeatedly sets up meetings with two junior associates, both of whom are female. During the meetings, the manager regularly puts his hand on the taller female associate's arms or back but never does it to the shorter female associate. Both female associates feel uncomfortable. The shorter associate encourages the taller associate to report it to human resources (HR), but the taller associate is concerned that the manager will retaliate against her. The shorter associate contacts HR and reports the manager's behavior. When the manager finds out about the report, he fires the shorter associate. Which action should be taken by the employer to remedy this disparate treatment? Terminate the manager, apologize to both associates, and reinstate the shorter associate **A logistics company's human resources manager recruited ten graduates, five males and five females, from truck driver certification school to create a more diverse talent pool. Two female graduates visited their former instructor and discovered that male graduates were offered $10,000 more per year. The five female graduates decide to file a lawsuit with the Equal Employment Opportunity Commission for discrimination based on the differences in starting salaries compared to the male graduates. Which type of claim should the female graduates file against the logistics company? Disparate treatment A help desk manager will only hire people who speak English fluently and without a foreign-sounding accent. Human resources (HR) is informed of the hiring manager's preferences. How should HR respond? Notify the manager that perfect English-only rules are against the Civil Rights Act A manufacturing company prides itself on having a diverse workforce by interviewing and hiring people of all backgrounds. Upon being hired, the new human resources (HR) manager discovered that Black applicants were often steered toward lower-paying positions, and their non-Black counterparts were interviewed and hired for higher-paying positions. How should the HR manager address the discriminatory hiring practices?
Create a hiring and pay policy that is based on qualifications **A restaurant prefers hiring workers who can provide a long tenure instead of those close to retirement age. Which action should the restaurant take to avoid a discrimination claim? Develop a blind application review system A dental office has received several client complaints about a hygienist's facial hair and dreadlocks. The complaining clients request that a change be made, alleging that the hygienist is unsanitary. How should the dental office handle this? Develop a policy that requires grooming to be kempt Information technology (IT) security analysts at a bank must be on call for 24 hours every other weekend. Two of the senior analysts, who are Hispanic, went to an IT conference their manager approved. The hotel network went down, so no alerts were received all weekend. The IT services manager came in the following Monday to find the network had been down, alerts had been sent, and two junior analysts had restored the network. The two senior analysts were terminated for failing to respond. They filed a lawsuit for wrongful termination since no damages were incurred, as the junior analysts restored the network, and felt the manager discriminated against them since they are Hispanic. Which evidence should the senior analysts present to support the claim of wrongful termination? Time stamps of when network messages were received by the senior analysts **A technology company hires a new network administrator I, who is Jewish. As part of religious practices, they turn off all technology to the extent of not driving a car on Saturdays. The department manager provides a new training class for all administrators to advance to network administrator II upon completion. These classes are available only on Saturdays, and the new network administrator cannot attend. How can human resources help avoid this disparate impact? Request the manager to hold classes during the work week A police chief has found that some officers in their department are racially profiling city residents. The department is required to enforce a strict city jaywalking local ordinance, disproportionately affecting the city's Black and Latino population, who often live in neighborhoods without sidewalks and crosswalks. How should the police chief mitigate this issue? Work with the city to determine impact on urban zones
employees over 40. To participate in the program, employees must submit blood samples to help determine cholesterol, blood sugar levels, and antibodies against certain illnesses. An employee filed a complaint about the program and its sample requirements, citing the Genetic Information Nondiscrimination Act and alleging age discrimination. How should the company resolve this issue? Make the program optional for workers A female employee has filed an equal pay suit against her former employer, alleging that her male colleague, who worked the same senior-level job, was paid more. How can the organization prevent this type of discrimination in the future? Adjust standards of pay based on merit and productivity An employee presented an expired passport with their work visa to prove their identity and authorization to work in the United States. The manager promptly terminated the employee, who filed a lawsuit against the employer for discrimination based on citizenship status. Human resources (HR) was contacted to address the situation. Which portion of the Immigration Reform and Control Act should HR train the manager on to prevent this type of discrimination? How a foreign passport and employment visa prove their right to work A firefighter is injured on the job and comes back to work six months later after the physician has cleared them for duty. When the captain overhears the firefighter discussing that they are six weeks pregnant and never felt better, the captain puts them on light work assignment. The firefighter files a complaint for discrimination with the union representative and human resources (HR). How should the union and HR work together to prevent this discrimination? Approve the firefighter's request to work regular shifts A pharmacy hires seasonal pharmacy technicians over 40 to work in the store part-time during the winter, as it is located in a warmer climate where retired customers tend to migrate during the winter. It also employs other technicians, full-time, who are under 40. The full-time technicians tell the seasonal technicians that the full-time technicians make two dollars more per hour. The seasonal technicians filed a class-action lawsuit for discrimination based on age. The pharmacy won the case, stating that it hires technicians over 40 during the winter, so customers who come to the state see technicians who look like them and feel more comfortable. What should the pharmacy have done to avoid the lawsuit? Revised its compensation to pay based on years of experience
A federal contractor receives over a million dollars in contracts every year. The human resources (HR) department has reviewed applications of at least 10 candidates for a proposal writer's position, one of whom is a veteran with disabilities who uses a wheelchair. Which document should the HR manager show the hiring manager to encourage them to hire this candidate? The contractor's Affirmative Action Plan for recruiting under Section 503 of the Rehabilitation Act An older employee was told to give most of their work to a younger employee. They had to train the younger worker on all of their tasks. The older employee was not given more challenging work to replace the work they were handing over, and they were left with very little work to do. When asked why this was happening, the manager told the older employee they wanted to lighten the older employee's load. How can the employer prevent this type of age discrimination? Discontinue marginalizing the staff member by removing opportunities Employees at an accounting firm are required to take an annual exam to ensure they remain aware of tax and fiscal law changes. An employee with a disability requested test accommodation in the form of extra time so they could manage their diabetes. Their supervisor stated they had to take the exam as the other employees. The employee spoke with the human resources (HR) officer to see if they could get accommodation. When the supervisor found out, they terminated the employee. How should HR respond to the supervisor's action to prevent this type of discrimination? Investigate the retaliatory action **A manager has posted false rumors on social media that a terminated employee is not eligible for rehire based on what they overheard about the employee. Which workplace tort is the manager committing? Libel A senior financial analyst files a hostile work environment claim against their manager for inappropriate comments and promises of a promotion if they go on a date with them. Shortly after the complaint investigation, the senior financial analyst is moved to a lower pay grade, and their salary is reduced. What is the name for this type of action? Retaliatory demotion Two employees were dating at work, and one of them ended the relationship. The employee who was rejected wanted revenge. To embarrass their ex-
The employee is protected by qualified privilege because the statements were made in good faith. A company is laying off half its technical staff due to losing a product line and has provided a 60-day notice. The affected employees voice their frustration with the decision to other staff. The company has begun to limit the employees' access to key information. Why did the company take this action? To protect proprietary information and knowledge **A retail employee for a major chain provided a doctor's note for four weeks of leave during the holiday season to obtain treatment for a medical condition. The manager denied the request for leave, but the employee still took the time off. The manager contacted human resources (HR) to request paperwork for terminating the employee, but it was denied. What should HR do to prevent the manager from denying acceptable accommodations in the future? Train managers in how to respond to employees with disabilities A pregnant employee at a fast-food establishment informed the manager that she has to use the bathroom more often as she moves into the later stage of her pregnancy. What should the company review? Whether the accommodation would cause undue hardship to the business **A senior employee at a grocery store recently converted to Judaism and asked not to be scheduled Friday evenings or Saturdays. After three months of the store manager accommodating the employee by asking for volunteers to switch shifts each week, the employees who volunteered quit. The store manager asked that the employee be willing to work at least two Fridays or Saturdays until new employees were hired. The employee quit and filed a lawsuit against the employer for discrimination. However, the Equal Employment Opportunity Commission (EEOC) ruled in favor of the store manager, stating the accommodation was unreasonable. Which action by the employer led to the EEOC filing in its favor? Documentation of lost revenue if the store is closed on Fridays or Saturdays due to staff shortages **Due to an eye condition, an employee completes a request for accommodation to human resources (HR) for software to see emails on a larger scale on their computer screen. The HR manager would need to bill the employee's department for the cost of the new software. How should HR respond to the request? Check with the department to see if it will pay for the software
A new employee is provided with the company employee handbook their first day at work. The employee reports to work at 8 a.m. for the first 30 days but then starts to report to work at 9 a.m. for the next two weeks. The handbook clearly describes the attendance policy, stating business hours are 8 a.m.- 5 p.m. The employer terminates the employee due to unsatisfactory performance. Which legislation protects the right of the employer to terminate this employee for a good cause? Model Employment Termination Act **A global pandemic has forced a company to lay off over half of its workers. Due to how quickly government regulations changed and the effects of the subsequent financial crisis, the company provided less than 60 days' notice to the affected workers. Why is this acceptable under federal policy? The loss of personnel was due to unforeseen circumstances. **A supervisor details the terms of the 90-day probationary period to new employees and states that failure to perform job duties during that time adequately will result in termination. Which type of contract is the supervisor confirming? Express
