OA Exams

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Question 01

Which law prohibits employers from requiring employees to sign agreements that they will not join a union as a condition of employment?

a) National Labor Relations Act (NLRA)
b) Worker Adjustment and Retraining Notification (WARN) Act
c) Yellow Dog Contract Act
d) Americans with Disabilities Act (ADA)

Correct Answer: a) National Labor Relations Act (NLRA)

Explanation: The NLRA prohibits employers from making employees sign "yellow dog contracts," which are agreements to not join or support a union.

Question 02

Under the Fair Labor Standards Act (FLSA), which of the following employees is exempt from overtime pay?

a) A janitor working full-time
b) A software engineer earning $85,000 annually
c) A cashier working 45 hours per week
d) A part-time customer service representative

Correct Answer: b) A software engineer earning $85,000 annually

Explanation: Employees in certain professional roles, like software engineers, who earn above the salary threshold, are typically exempt from overtime pay under the FLSA.

Question 03

Which of the following is a primary purpose of the Consolidated Omnibus Budget Reconciliation Act (COBRA)?

a) To ensure equal pay for men and women
b) To protect whistleblowers from retaliation
c) To allow employees to continue their health insurance after termination
d) To provide safety standards in the workplace

Correct Answer: c) To allow employees to continue their health insurance after termination

Explanation: COBRA allows employees to extend their health insurance coverage after they leave their job, for a limited time, at their own cost.

Question 04

What is the legal term used to describe an employer’s refusal to hire someone due to their association with a person of a particular race?

a) Retaliation
b) Disparate impact
c) Associational discrimination
d) Constructive discharge

Correct Answer: c) Associational discrimination

Explanation: Associational discrimination occurs when an employer discriminates against someone because of their association with individuals of a particular race, ethnicity, or other protected class.

Question 05

Which of the following actions by an employer would violate the Pregnancy Discrimination Act (PDA)?

a) Offering maternity leave to all employees
b) Terminating an employee for excessive absences due to pregnancy complications
c) Providing health insurance that covers pregnancy-related conditions
d) Offering flexible work schedules to pregnant employees

Correct Answer: b) Terminating an employee for excessive absences due to pregnancy complications

Explanation: The Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth, or related medical conditions, and this includes termination due to pregnancy-related absences.

Question 06

Which law prohibits an employer from engaging in practices that disproportionately affect a particular racial group?

a) Americans with Disabilities Act (ADA)
b) Worker Adjustment and Retraining Notification Act (WARN)
c) Fair Labor Standards Act (FLSA)
d) Title VII of the Civil Rights Act of 1964

Correct Answer: d) Title VII of the Civil Rights Act of 1964

Explanation: Title VII prohibits employment practices that have a disparate impact on employees based on race, color, religion, sex, or national origin, even if the practice was not intentionally discriminatory.

Question 07

An employee is required to sign a waiver not to file a discrimination claim in exchange for a severance package. Which law governs the legality of this waiver?

a) Age Discrimination in Employment Act (ADEA)
b) Fair Labor Standards Act (FLSA)
c) Occupational Safety and Health Act (OSHA)
d) Family Medical Leave Act (FMLA)

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

Explanation: The ADEA, along with the Older Workers Benefit Protection Act (OWBPA), governs the legality of waivers signed by employees over the age of 40, ensuring that the waiver is knowing and voluntary.

Question 08

Which of the following is an example of an illegal bargaining subject under the National Labor Relations Act (NLRA)?

a) Working hours
b) Health benefits
c) Mandatory union membership based on race
d) Vacation time

Correct Answer: c) Mandatory union membership based on race

Explanation: The NLRA prohibits illegal bargaining subjects, such as those related to discriminatory practices, including mandatory union membership based on race.

Question 09

Which of the following actions by an employer is considered disparate treatment?

a) Providing paid leave to senior employees only
b) Refusing to hire a woman because she has small children, while hiring men with small children
c) Offering different benefits to hourly and salaried employees
d) Promoting employees based on performance evaluations

Correct Answer: b) Refusing to hire a woman because she has small children, while hiring men with small children

Explanation: Disparate treatment involves intentional discrimination based on a protected class, such as gender, where similarly situated individuals are treated differently.

Question 10

An employee is fired for reporting unsafe working conditions to OSHA. This is an example of what legal violation?

a) Hostile work environment
b) Retaliation
c) Disparate impact
d) Constructive discharge

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 reporting unsafe working conditions to OSHA.

Question 11

Under the Americans with Disabilities Act (ADA), which of the following is considered a reasonable accommodation?

a) Requiring an employee with a disability to work more hours
b) Providing assistive technology to help an employee perform essential job functions
c) Denying a job applicant because of their disability
d) Terminating an employee with a disability who requires frequent breaks

Correct Answer: b) Providing assistive technology to help an employee perform essential job functions

Explanation: The ADA requires employers to provide reasonable accommodations, such as assistive technology, to help employees with disabilities perform essential job functions, unless doing so would cause undue hardship.

Question 12

Which law ensures that veterans are entitled to be re-employed in the same position they would have attained had they not been absent for military service?

a) Uniformed Services Employment and Reemployment Rights Act (USERRA)
b) Fair Labor Standards Act (FLSA)
c) Consolidated Omnibus Budget Reconciliation Act (COBRA)
d) Americans with Disabilities Act (ADA)

Correct Answer: a) Uniformed Services Employment and Reemployment Rights Act (USERRA)

Explanation: USERRA guarantees veterans the right to return to their jobs after military service, ensuring they are re-employed in the same position they would have held if they had not been absent.

Question 13

Which of the following actions is prohibited by the Age Discrimination in Employment Act (ADEA)?

a) Offering early retirement packages to employees
b) Refusing to promote an employee because they are over 50 years old
c) Providing additional benefits to employees with more than 10 years of service
d) Offering flexible work schedules to older employees

Correct Answer: b) Refusing to promote an employee because they are over 50 years old

Explanation: The ADEA prohibits employers from discriminating against individuals over the age of 40 in hiring, promotion, and other employment decisions based on age.

Question 14

Which of the following federal laws governs the use of drug testing in the workplace for transportation employees?

a) Family Medical Leave Act (FMLA)
b) Occupational Safety and Health Act (OSHA)
c) Omnibus Transportation Employee Testing Act
d) Employee Polygraph Protection Act (EPPA)

Correct Answer: c) Omnibus Transportation Employee Testing Act

Explanation: The Omnibus Transportation Employee Testing Act mandates drug and alcohol testing for employees in the airline, railroad, trucking, and other transportation industries to ensure public safety.

Question 15

 Which law prohibits employers from asking about a job applicant’s disability before making a job offer?

a) Fair Labor Standards Act (FLSA)
b) Americans with Disabilities Act (ADA)
c) Immigration Reform and Control Act (IRCA)
d) Title VII of the Civil Rights Act of 1964

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

Explanation: The ADA prohibits employers from asking about a job applicant’s disability before making a conditional job offer, to prevent discrimination during the hiring process.

Question 16

Which of the following is an example of quid pro quo sexual harassment?

a) A supervisor asks an employee out for coffee
b) A supervisor offers a promotion in exchange for sexual favors
c) A co-worker makes an inappropriate comment about an employee’s appearance
d) An employee receives a negative performance review

Correct Answer: b) A supervisor offers a promotion in exchange for sexual favors

Explanation: Quid pro quo harassment occurs when an employer or supervisor offers job benefits in exchange for sexual favors or threatens job consequences if such favors are not given.

Question 17

Which law requires employers to maintain a workplace free from recognized hazards that could cause serious harm?

a) Fair Labor Standards Act (FLSA)
b) Occupational Safety and Health Act (OSHA)
c) National Labor Relations Act (NLRA)
d) Title VII of the Civil Rights Act of 1964

Correct Answer: b) Occupational Safety and Health Act (OSHA)

Explanation: OSHA requires employers to provide a safe working environment by eliminating or controlling recognized hazards that could cause serious injury or harm to employees.

Question 18

Which of the following actions could result in a violation of the Equal Pay Act (EPA)?

a) Paying men and women the same salary for performing the same job
b) Paying a male employee more than a female employee for substantially similar work
c) Offering a higher salary to an employee based on merit
d) Providing bonuses to employees who exceed performance goals

Correct Answer: b) Paying a male employee more than a female employee for substantially similar work

Explanation: The Equal Pay Act requires that men and women be paid equally for performing substantially similar work under similar working conditions, with few exceptions.

Question 19

Which of the following is a requirement of the Immigration Reform and Control Act (IRCA)?

a) Employers must verify the work eligibility of all employees
b) Employers must hire a certain percentage of immigrant workers
c) Employers must provide healthcare to immigrant workers
d) Employers must give priority to hiring U.S. citizens over immigrants

Correct Answer: a) Employers must verify the work eligibility of all employees

Explanation: Under IRCA, employers are required to verify that all employees are eligible to work in the United States by completing and retaining the I-9 form.

Question 20

Which of the following is an example of constructive discharge?

a) An employee is fired for poor performance
b) An employee resigns due to intolerable working conditions created by the employer
c) An employee is laid off due to a reduction in force
d) An employee retires after reaching retirement age

Correct Answer: b) An employee resigns due to intolerable working conditions created by the employer

Explanation: Constructive discharge occurs when an employee resigns because working conditions are so intolerable that a reasonable person would feel compelled to quit.

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