D352

Question 1

Disparate Treatment

Answer 1

A form of discrimination where an employee is treated differently based on a protected characteristic (race, gender, age, etc.).

Question 2

Precedents

Answer 2

Court decisions from prior cases that establish legal standards and guide future rulings.

Question 3

Implied Contract

Answer 3

A legally binding agreement formed through actions, behavior, or circumstances, rather than a written contract.

Question 4

Employment At Will

Answer 4

An employment relationship in which either party can terminate the relationship at any time, for any legal reason, without warning.

Question 5

Union (Bargaining Unit)

Answer 5

A group of employees with a common interest, represented by a union in negotiations with the employer.

Question 6

Labor Management Relations Act (LMRA) (Taft-Hartley Act)

Answer 6

• A law that restricts union activities
• Prohibits unfair labor practices
• Allows the federal government to intervene in strikes.

Question 7

What does the Labor-Management Reporting and Disclosure Act (LMRDA) do?

Answer 7

• Regulates internal union affairs
• Ensuring fair elections
• Protects members’ rights.

Question 8

Various Bargaining Subjects (Mandatory)

Answer 8

Wages, hours, and other terms of employment.

Question 9

Various Bargaining Subjects (Permissive)

Answer 9

Issues parties may negotiate (e.g., use of technology).

Question 10

Various Bargaining Subjects (Illegal)

Answer 10

Terms that violate the law, like discriminatory hiring practices.

Question 11

Lockout

Answer 11

Employer prevents workers from entering the workplace during a labor dispute.

Question 12

Strike

Answer 12

Workers refuse to work to pressure the employer during negotiations.

Question 13

Drug Testing (Public Employees)

Answer 13

Generally protected from random drug testing under the 4th Amendment, unless in safety-sensitive jobs.

Question 14

Drug Testing (Federal Employees)

Answer 14

Subject to drug testing, especially in sensitive positions.

Question 15

FMLA (Family and Medical Leave Act)

Answer 15

Provides eligible employees with up to 12 weeks of unpaid, job-protected leave for family and medical reasons.

Question 16

Affirmative Action

Answer 16

Policies that aim to increase opportunities for historically underrepresented groups in education or employment.

Question 17

Age Discrimination (ADEA)

Answer 17

Prohibits discrimination against employees 40 and older.

Question 18

Reverse Discrimination

Answer 18

Discrimination against majority group members based on affirmative action policies.

Question 19

Bona Fide Occupational Qualification (BFOQ)

Answer 19

Allows employers to hire based on specific characteristics if they are essential to the job (e.g., hiring only women for a women’s locker room).

Question 20

FCRA (Fair Credit Reporting Act)

Answer 20

Governs how employers use consumer reports for employment purposes, requiring disclosure and consent from employees.

Question 21

Privacy Act of 1974

Answer 21

Governs the collection, use, and dissemination of personal information by federal agencies.

Question 22

Quid Pro Quo

Answer 22

A type of workplace sexual harassment where job benefits are conditioned on sexual favors.

Question 23

Integrated Enterprise

Answer 23

When two or more businesses are so interconnected that they are treated as a single employer under employment law.

Question 24

Respondeat Superior

Answer 24

Legal doctrine holding employers responsible for the actions of their employees performed within the scope of employment.

Question 25

Four-Fifths Rule

Answer 25

A guideline to measure discrimination in hiring. If the selection rate for a protected group is less than 80%, it may indicate adverse impact.

Question 26

Pregnancy Discrimination Act

Answer 26

Prohibits discrimination based on pregnancy, childbirth, or related medical conditions.

Question 27

IRCA (Immigration Reform and Control Act)

Answer 27

Prohibits hiring unauthorized workers.

Question 28

I-9

Answer 28

Form employers must complete to verify employees’ work eligibility.

Question 29

E-Verify

Answer 29

Online system that confirms work eligibility based on I-9 information.

Question 30

ADA (Americans with Disabilities Act)

Answer 30

Prohibits discrimination against individuals with disabilities and requires reasonable accommodations in the workplace.

Question 31

Civil Rights Act / Title VII

Answer 31

Prohibits employment discrimination based on race, color, religion, sex, or national origin.