OA Exams

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  • December 3, 2024

Question 21

Which federal law ensures that whistleblowers who report corporate fraud are protected from employer retaliation?

a) Occupational Safety and Health Act (OSHA)
b) Family Medical Leave Act (FMLA)
c) Sarbanes-Oxley Act
d) Worker Adjustment and Retraining Notification Act (WARN)

Correct Answer: c) Sarbanes-Oxley Act

Explanation: The Sarbanes-Oxley Act protects whistleblowers who report corporate fraud or securities violations from retaliation by their employers.

Question 22

A company provides health insurance benefits to employees and their spouses but denies coverage to same-sex partners. Which law could this policy violate?

a) Civil Rights Act of 1964
b) Title VII of the Civil Rights Act
c) Equal Pay Act
d) Sarbanes-Oxley Act

Correct Answer: b) Title VII of the Civil Rights Act

Explanation: Title VII prohibits discrimination based on sex, which includes discrimination based on sexual orientation, so denying health benefits to same-sex partners may violate this law.

Question 23

Which of the following is a legitimate defense for employers under the Age Discrimination in Employment Act (ADEA) when facing a disparate impact claim?

a) The business had to reduce costs
b) The decision was based on a Reasonable Factor Other than Age (RFOA)
c) The employees involved were not part of a protected class
d) The employees signed an at-will employment agreement

Correct Answer: b) The decision was based on a Reasonable Factor Other than Age (RFOA)

Explanation: Under the ADEA, an employer can defend a disparate impact claim if the decision was based on a reasonable factor other than age, as long as it is job-related and consistent with business necessity.

Question 24

Which law protects employees from being fired for attending jury duty?

a) Fair Labor Standards Act (FLSA)
b) Family Medical Leave Act (FMLA)
c) Jury System Improvements Act
d) Immigration Reform and Control Act (IRCA)

Correct Answer: c) Jury System Improvements Act

Explanation: The Jury System Improvements Act prohibits employers from firing or retaliating against employees for attending jury duty.

Question 25

Which of the following is an appropriate action for an employer to take when responding to a claim of disparate treatment in the workplace?

a) Offer the employee paid time off
b) Conduct a thorough investigation of the claim
c) Fire the employee immediately
d) Ignore the complaint if it’s not in writing

Correct Answer: b) Conduct a thorough investigation of the claim

Explanation: Employers must conduct a thorough and fair investigation when a claim of disparate treatment is raised. Immediate termination or ignoring the claim can lead to further legal consequences.

Question 26

What must employers do to comply with the Health Insurance Portability and Accountability Act (HIPAA) when handling employee medical information?

a) Ensure health information is kept confidential and secure
b) Share medical details with other employees
c) Use health information for performance reviews
d) Collect genetic information for future reference

Correct Answer: a) Ensure health information is kept confidential and secure

Explanation: HIPAA requires that employee health information is kept confidential and secure, and it should not be shared with other employees or used for unrelated purposes.

Question 27

Which of the following employer actions would violate the Americans with Disabilities Act (ADA)?

a) Refusing to hire an individual because their disability poses a “direct threat”
b) Providing reasonable accommodations to disabled employees
c) Hiring individuals with disabilities if they are qualified
d) Refusing to make reasonable accommodations for a qualified individual with a disability

Correct Answer: d) Refusing to make reasonable accommodations for a qualified individual with a disability

Explanation: Under the ADA, employers are required to make reasonable accommodations for employees with disabilities unless it causes undue hardship.

Question 28

Which of the following is a violation of the Age Discrimination in Employment Act (ADEA)?

a) Denying promotions to workers over the age of 50
b) Offering flexible hours to older workers
c) Mandatory retirement for executives over 65
d) Allowing merit-based pay increases

Correct Answer: a) Denying promotions to workers over the age of 50

Explanation: The ADEA prohibits employers from discriminating against workers based on age, which includes denying promotions to older employees.

Question 29

An employer requires employees to disclose their disability before extending an offer of employment. Which law does this violate?

a) Americans with Disabilities Act (ADA)
b) Family Medical Leave Act (FMLA)
c) Occupational Safety and Health Act (OSHA)
d) Fair Labor Standards Act (FLSA)

Correct Answer: a) Americans with Disabilities Act (ADA)

Explanation: The ADA prohibits employers from asking about disabilities before making a job offer. The request for disclosure can only occur after the offer is made, as long as it's related to job performance.

Question 30

Which of the following actions is required under the Family Medical Leave Act (FMLA)?

a) Employers must provide paid leave for all medical conditions
b) Employers must allow employees to return to the same or equivalent position after FMLA leave
c) Employers must offer flexible work hours during leave
d) Employers must cover medical expenses during FMLA leave

Correct Answer: b) Employers must allow employees to return to the same or equivalent position after FMLA leave

Explanation: FMLA requires that employers reinstate employees to the same or an equivalent position upon returning from protected leave.

Question 31

An employer dismisses an employee for taking a day off to vote. Which law has the employer violated?

a) Voting Rights Act
b) Sarbanes-Oxley Act
c) Civil Rights Act of 1964
d) State Election Laws

Correct Answer: d) State Election Laws

Explanation: Most states have laws that protect an employee's right to take time off to vote, and firing an employee for this action is illegal under those laws.

Question 32

Which of the following could be considered a reasonable accommodation under the Americans with Disabilities Act (ADA)?

a) Reducing an employee’s workload to account for their disability
b) Modifying work schedules to accommodate medical treatments
c) Offering extended vacation time to an employee
d) Requiring the employee to take medical leave instead of modifying their work environment

Correct Answer: b) Modifying work schedules to accommodate medical treatments

Explanation: The ADA requires employers to provide reasonable accommodations, such as modifying work schedules to allow for medical treatments, unless it would cause undue hardship to the employer.

Question 33

What is the primary purpose of the Equal Employment Opportunity Commission (EEOC)?

a) To enforce federal anti-discrimination laws in the workplace
b) To mediate disputes between employees and employers
c) To provide health and safety guidelines for employers
d) To regulate wages and working hours

Correct Answer: a) To enforce federal anti-discrimination laws in the workplace

Explanation: The EEOC enforces federal laws prohibiting discrimination in the workplace based on race, color, religion, sex, national origin, age, disability, and genetic information.

Question 34

 A company adjusts test scores for certain minority groups to improve their chances of promotion. Which practice is this an example of?

a) Affirmative action
b) Equal pay
c) Race norming
d) Quid pro quo

Correct Answer: c) Race norming

Explanation: Race norming involves adjusting test scores or evaluations based on race, which is considered discriminatory and is illegal under federal employment law.

Question 35

An employee is terminated after filing a complaint of sexual harassment with human resources. What is this action called?

a) Constructive discharge
b) Retaliation
c) Bona fide occupational qualification (BFOQ)
d) Negligence

Correct Answer: b) Retaliation

Explanation: Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity, such as filing a harassment complaint.

Question 36

 An employee consistently receives fewer challenging assignments after turning 55, even though they have the same qualifications as their younger colleagues. Which law might the employer be violating?

a) Family Medical Leave Act (FMLA)
b) Occupational Safety and Health Act (OSHA)
c) Age Discrimination in Employment Act (ADEA)
d) Immigration Reform and Control Act (IRCA)

Correct Answer: c) Age Discrimination in Employment Act (ADEA)

Explanation: The ADEA protects employees aged 40 and older from being treated unfairly in the workplace due to their age, including receiving fewer opportunities or assignments.

Question 37

An employee in a wheelchair requests a workstation modification to accommodate their mobility device. What must the employer do under the ADA?

a) Deny the request if the modification is expensive
b) Provide the modification unless it causes undue hardship
c) Require the employee to cover the cost of the modification
d) Fire the employee for requesting an unreasonable accommodation

Correct Answer: b) Provide the modification unless it causes undue hardship

Explanation: The ADA requires employers to provide reasonable accommodations to employees with disabilities, unless doing so would impose significant difficulty or expense (undue hardship).

Question 38

Which of the following practices is prohibited by Title VII of the Civil Rights Act?

a) Hiring individuals based on their qualifications
b) Implementing affirmative action programs
c) Discriminating against employees based on their national origin
d) Promoting based on seniority

Correct Answer: c) Discriminating against employees based on their national origin

Explanation: Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. It ensures equal opportunities for all employees.

Question 39

Which federal law requires that employers retain employee medical records in a secure and confidential manner?

a) Americans with Disabilities Act (ADA)
b) Occupational Safety and Health Act (OSHA)
c) Health Insurance Portability and Accountability Act (HIPAA)
d) Family Medical Leave Act (FMLA)

Correct Answer: c) Health Insurance Portability and Accountability Act (HIPAA)

Explanation: HIPAA ensures that employee medical records are kept confidential and secure. It protects sensitive health information from being disclosed without the employee's consent.

Question 40

Which of the following types of business operations are exempt from the Equal Pay Act?

a) Manufacturing companies
b) Fishing industries
c) Corporate law firms
d) Information technology companies

Correct Answer: b) Fishing industries

Explanation: Fishing industries, along with seasonal amusement businesses, are exempt from the Equal Pay Act and the Fair Labor Standards Act (FLSA).

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