An Employee Alleging Unlawful Discharge Is NOT Under Affirmative Duty

question 23

True/False

An employee alleging unlawful discharge is NOT under affirmative duty to seek comparable employment to mitigate the respondent employer's potential back-pay liability while awaiting a final determination of the merit of the ULP charge.

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Definitions:

Business Necessity

A legally established reason that allows employers to make decisions that might otherwise be considered discriminatory, such as in hiring or work assignments, if essential for the operation of the business.

Lilly Ledbetter Fair Pay Act

A U.S. law that reinforces workers' rights to fair pay, particularly addressing gender-based pay disparities.

Sexual Orientation Discrimination

Unfair treatment of an individual based on their sexual orientation, prohibited in many jurisdictions.

Defense Marriage Act

A U.S. federal law enacted in 1996 that defined marriage as a union between one man and one woman for federal purposes, but was ruled unconstitutional in parts by the Supreme Court in 2013.