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web.groovymark@gmail.com
- December 3, 2024
Question 01
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?
a) To avoid discrimination lawsuits
b) To prevent unionization efforts
c) To protect proprietary information and knowledge
d) To prevent retaliation
Correct Answer: c) To protect proprietary information and knowledge
Explanation: The company limited access to key information to protect proprietary knowledge that could be used against the company or shared with competitors after the layoff. Preventing unionization or retaliation isn't relevant in this context.
Question 02
A manager notices that a recently hired pregnant employee needs to use the restroom more frequently as her pregnancy progresses. What should the company review before determining whether to accommodate the request?
a) The Pregnancy Discrimination Act (PDA)
b) Whether the accommodation would cause undue hardship
c) The company’s medical leave policy
d) The employee’s contract terms
Correct Answer: b) Whether the accommodation would cause undue hardship
Explanation: Before accommodating the employee’s request, the company should review whether providing more frequent breaks would cause undue hardship to business operations.
Question 03
Which of the following conditions is defined as a disability under the Americans with Disabilities Act (ADA) Amendments Act of 2008?
a) Dyslexia
b) Color blindness
c) Asthma
d) Mild depression
Correct Answer: a) Dyslexia
Explanation: Dyslexia is explicitly recognized as a disability under the ADA Amendments Act of 2008. The other options, while potentially significant, are not specifically addressed under ADA's broad definitions.
Question 04
A restaurant prefers hiring workers who can provide long tenures, instead of those nearing retirement age. Which action should the restaurant take to avoid a potential discrimination claim under the Age Discrimination in Employment Act (ADEA)?
a) Develop a blind application review system
b) Ensure job descriptions are updated
c) Pay workers under 40 a lower wage
d) Offer severance packages to older workers
Correct Answer: a) Develop a blind application review system
Explanation: Implementing a blind review system can help ensure that age is not a factor in hiring decisions, which helps the restaurant avoid potential claims of age discrimination.
Question 05
Under which legislation is a company required to provide notice before closing a plant that will affect 50 or more full-time employees within a 30-day period?
a) Family Medical Leave Act (FMLA)
b) Worker Adjustment and Retraining Notification Act (WARN)
c) Fair Labor Standards Act (FLSA)
d) Occupational Safety and Health Act (OSHA)
Correct Answer: b) Worker Adjustment and Retraining Notification Act (WARN)
Explanation: The WARN Act mandates that employers provide a 60-day notice in the case of mass layoffs or plant closures affecting 50 or more full-time employees.
Question 06
Which of the following employee actions is protected by qualified privilege in the workplace?
a) Sharing private health information in public forums
b) Sending performance reviews via company email
c) Reporting personal grievances unrelated to work
d) Discussing salary details of co-workers
Correct Answer: b) Sending performance reviews via company email
Explanation: Sending performance-related communication via company email is protected by qualified privilege because it's done in good faith and in a proper context, such as evaluating job performance.
Question 07
Which of the following conditions entitles an employee to leave under the Family Medical Leave Act (FMLA)?
a) A minor cold that results in a few days off work
b) A serious health condition that incapacitates a spouse
c) A routine doctor’s visit for a child
d) A broken bone that requires no follow-up care
Correct Answer: b) A serious health condition that incapacitates a spouse
Explanation: FMLA covers serious health conditions that incapacitate a family member, such as a spouse, requiring an employee to take time off to provide care. Routine appointments or minor ailments do not qualify.
Question 08
A new employee signs a waiver of claims under the Age Discrimination in Employment Act (ADEA) in exchange for early retirement benefits. What must the employer ensure to make this waiver legally enforceable?
a) The waiver must be signed within 24 hours of receiving it
b) The employee must be given at least 21 days to consider the agreement
c) The employee must consult with a financial advisor before signing
d) The waiver must be signed in front of a notary public
Correct Answer: b) The employee must be given at least 21 days to consider the agreement
Explanation: Under the ADEA, employees must be given at least 21 days to review the waiver and consider whether to sign it, ensuring that the decision is made voluntarily and without pressure.
Question 09
What is an employer’s primary obligation under the General Duty Clause of the Occupational Safety and Health Act (OSHA)?
a) To ensure employees work no more than 40 hours per week
b) To provide a safe working environment free from recognized hazards
c) To provide health insurance to all employees
d) To report all accidents, regardless of severity, to OSHA
Correct Answer: b) To provide a safe working environment free from recognized hazards
Explanation: The General Duty Clause under OSHA requires employers to provide a workplace free from known hazards that could cause death or serious injury to employees.
Question 10
An employer uses a polygraph test during the hiring process to screen candidates for a high-security position. Which law prohibits this practice in most circumstances?
a) Fair Labor Standards Act (FLSA)
b) Employee Polygraph Protection Act (EPPA)
c) Occupational Safety and Health Act (OSHA)
d) Immigration Reform and Control Act (IRCA)
Correct Answer: b) Employee Polygraph Protection Act (EPPA)
Explanation: The Employee Polygraph Protection Act (EPPA) generally prohibits employers from using polygraph tests in the hiring process, except in certain high-security or government-related roles.
Question 11
Which law protects employees from retaliation after reporting safety violations in the workplace?
a) Sarbanes-Oxley Act
b) Whistleblower Protection Act
c) Family Medical Leave Act (FMLA)
d) Civil Rights Act of 1964
Correct Answer: b) Whistleblower Protection Act
Explanation: The Whistleblower Protection Act ensures that employees are protected from retaliation when they report unsafe working conditions or illegal activities.
Question 12
An employee is terminated for reporting a supervisor’s illegal actions. Under which legal doctrine is this termination protected?
a) At-will employment
b) Public Policy Exception
c) Implied Contract Exception
d) Employment-at-Will Doctrine
Correct Answer: b) Public Policy Exception
Explanation: The public policy exception protects employees from being fired for reasons that violate a state’s public policies, such as reporting illegal activities.
Question 13
A plaintiff alleges that a third party wrongfully interfered with their employment contract, resulting in their termination. Which legal claim is appropriate for this situation?
a) Defamation
b) Tortious interference with contract
c) Negligence
d) Invasion of privacy
Correct Answer: b) Tortious interference with contract
Explanation: Tortious interference occurs when a third party disrupts the relationship between the employer and the employee, leading to wrongful termination.
Question 14
What must employers do to comply with the Immigration Reform and Control Act (IRCA) when hiring new employees?
a) Request personal references
b) Examine documents that verify work authorization
c) Conduct polygraph tests
d) Require citizenship status disclosure
Correct Answer: b) Examine documents that verify work authorization
Explanation: IRCA mandates that employers verify the identity and work eligibility of new hires by examining documents such as an I-9 form.
Question 15
Which of the following actions is required under the Equal Pay Act when determining pay for employees?
a) Employers must use gender-based actuarial tables to set pay
b) Employers must pay equal wages for jobs requiring equal skill, effort, and responsibility
c) Employers must pay women more to offset historical wage discrimination
d) Employers must report pay scales to the Department of Labor
Correct Answer: b) Employers must pay equal wages for jobs requiring equal skill, effort, and responsibility
Explanation: The Equal Pay Act requires that men and women be paid equally for jobs that require equal skill, effort, and responsibility, as long as the job is performed under similar working conditions.
Question 16
Which of the following is a key difference between disparate treatment and disparate impact?
a) Disparate treatment is unintentional, while disparate impact is intentional
b) Disparate impact is unintentional, while disparate treatment is intentional
c) Disparate treatment affects individuals, while disparate impact affects groups
d) Disparate treatment applies only to gender, while disparate impact applies to race
Correct Answer: c) Designing work organization and job structure
Explanation: HR managers improve productivity by optimizing how work is organized and designing efficient job structures. Recognition programs and salary surveys have an impact, but not as directly as job design.
Question 17
An employee believes they were passed over for a promotion due to their age. Which law protects employees from this type of discrimination?
a) Age Discrimination in Employment Act (ADEA)
b) Title VII of the Civil Rights Act
c) Americans with Disabilities Act (ADA)
d) Fair Labor Standards Act (FLSA)
Correct Answer: a) Age Discrimination in Employment Act (ADEA)
Explanation: The ADEA protects employees aged 40 and older from discrimination in hiring, promotion, and other employment practices based on their age.
Question 18
Which action by an employer violates the Age Discrimination in Employment Act (ADEA)?
a) Offering flexible hours to younger workers
b) Mandatory retirement for workers over 55
c) Offering promotions to older workers
d) Implementing a merit-based pay system
Correct Answer: b) Mandatory retirement for workers over 55
Explanation: Mandatory retirement for employees over a certain age is generally prohibited under the ADEA, except in specific circumstances for high-level executive positions.
Question 19
What must be proven in a prima facie case for retaliation under employment law?
a) The employee engaged in a protected activity
b) The employee was terminated for just cause
c) The employee suffered a workplace injury
d) The employer has an affirmative action plan
Correct Answer: a) The employee engaged in a protected activity
Explanation: A prima facie case for retaliation requires proof that the employee engaged in a protected activity (such as filing a complaint), suffered adverse action (such as termination), and there was a causal link between the two.
Question 20
Which two conditions would entitle an eligible worker to medical leave under the Family Medical Leave Act (FMLA)? (Select all that apply.)
a) A minor cold
b) An upper respiratory illness that incapacitates a child for a week
c) A serious health condition requiring hospitalization
d) A temporary disability that requires a few days off work
Correct Answers: b) An upper respiratory illness that incapacitates a child for a week, c) A serious health condition requiring hospitalization
Explanation: FMLA provides unpaid leave for serious health conditions that incapacitate either the employee or an immediate family member. Minor ailments are not covered.
