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web.groovymark@gmail.com
- December 3, 2024
Question 41
Which of the following is a reasonable defense for an employer facing a charge of disparate treatment?
a) The employer can show that the treatment was based on a legitimate, non-discriminatory reason
b) The employer can show that the employee did not file a formal complaint
c) The employer did not know the law
d) The employee was an at-will employee
Correct Answer: a) The employer can show that the treatment was based on a legitimate, non-discriminatory reason
Explanation: A legitimate, non-discriminatory reason for the differential treatment of an employee is a valid defense against a charge of disparate treatment.
Question 42
Which of the following actions would violate the National Labor Relations Act (NLRA)?
a) Allowing workers to discuss unionization efforts
b) Firing an employee for attempting to organize a union
c) Negotiating with a union representative
d) Offering workers higher wages
Correct Answer: b) Firing an employee for attempting to organize a union
Explanation: Under the NLRA, firing or retaliating against employees for organizing or participating in union activities is illegal.
Question 43
An employee is denied a promotion due to a gender-based actuarial table. What disadvantage does this practice create?
a) Men are given more opportunities than women
b) Women of the same age as men pay higher premiums for the same benefits
c) Older employees receive fewer benefits
d) Younger workers are promoted over older workers
Correct Answer: b) Women of the same age as men pay higher premiums for the same benefits
Explanation: Gender-based actuarial tables can result in women paying more for benefits than men of the same age, which is discriminatory.
Question 44
Which of the following legal doctrines holds an employer liable for the actions of an employee that occurred during the course of their employment?
a) Tortious interference
b) Respondeat superior
c) Implied contract
d) At-will employment
Correct Answer: b) Respondeat superior
Explanation: Respondeat superior is a legal doctrine that holds employers liable for the actions of their employees when those actions occur within the scope of employment.
Question 45
Which of the following scenarios would be considered a hostile work environment?
a) A co-worker repeatedly makes unwanted comments about another employee’s physical appearance
b) An employee is denied a promotion due to poor performance
c) A supervisor gives constructive feedback on a project
d) An employee files a formal complaint about working conditions
Correct Answer: a) A co-worker repeatedly makes unwanted comments about another employee’s physical appearance
Explanation: A hostile work environment occurs when an employee is subjected to unwelcome conduct, such as repeated comments about their appearance, that creates an intimidating or offensive working atmosphere.
Question 46
An employee requests intermittent leave under the Family Medical Leave Act (FMLA) to care for a family member. Which action must the employer take?
a) Deny the leave if it will disrupt operations
b) Allow the employee to take the leave as requested
c) Require the employee to take continuous leave
d) Reduce the employee’s pay for the time taken
Correct Answer: b) Allow the employee to take the leave as requested
Explanation: FMLA provides employees with the right to take intermittent leave to care for a family member with a serious health condition, as long as it doesn’t cause undue hardship to the employer.
Question 47
Which of the following is an example of race norming, a prohibited practice?
a) Hiring based on merit
b) Adjusting test scores based on race or ethnicity
c) Providing diversity training to all employees
d) Conducting interviews with all applicants
Correct Answer: b) Adjusting test scores based on race or ethnicity
Explanation: Race norming, which involves adjusting test scores or performance evaluations based on race or ethnicity, is illegal and discriminatory.
Question 48
Which of the following employer actions violates the Fair Labor Standards Act (FLSA)?
a) Requiring employees to work overtime with overtime pay
b) Paying non-exempt employees below the minimum wage
c) Allowing breaks longer than 20 minutes
d) Allowing employees to work flexible hours
Correct Answer: b) Paying non-exempt employees below the minimum wage
Explanation: The FLSA mandates that non-exempt employees must be paid at least the federal minimum wage and must receive overtime pay for hours worked beyond 40 in a workweek.
Question 49
An employer informs its employees that union membership is mandatory to work at the company. Which law does this violate?
a) Civil Rights Act of 1964
b) Fair Labor Standards Act (FLSA)
c) Right-to-Work Laws
d) Americans with Disabilities Act (ADA)
Correct Answer: c) Right-to-Work Laws
Explanation: Right-to-Work laws allow employees the choice to join or refrain from joining a union, and making union membership mandatory is illegal under these laws.
Question 50
An employee reports that their supervisor spread false information about their work performance in an email. Which workplace tort does this situation describe?
a) Negligence
b) Libel
c) Slander
d) Intentional interference with a contract
Correct Answer: b) Libel
Explanation: Libel involves publishing false statements that harm a person’s reputation, and in this case, the false information about work performance spread via email constitutes libel.
