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web.groovymark@gmail.com
- December 3, 2024
Question 21
Which of the following is an example of disparate impact discrimination?
a) Refusing to hire women for physically demanding jobs
b) Implementing a physical fitness test that unintentionally excludes a disproportionate number of female applicants
c) Offering higher salaries to male employees
d) Providing different benefits packages based on seniority
Correct Answer: b) Implementing a physical fitness test that unintentionally excludes a disproportionate number of female applicants
Explanation: Disparate impact discrimination occurs when a seemingly neutral employment policy or practice disproportionately affects members of a protected class, such as gender.
Question 22
What is the purpose of the Worker Adjustment and Retraining Notification (WARN) Act?
a) To require employers to pay overtime for hours worked beyond 40 in a week
b) To provide workers with advance notice of plant closings and mass layoffs
c) To protect employees from discrimination based on age
d) To ensure that employees receive equal pay for equal work
Correct Answer: b) To provide workers with advance notice of plant closings and mass layoffs
Explanation: The WARN Act requires employers to provide 60 days' notice in advance of plant closings or mass layoffs, giving workers time to seek new employment or retraining.
Question 23
Which of the following is a violation of the Americans with Disabilities Act (ADA)?
a) Asking a job candidate if they need accommodations after making a conditional job offer
b) Refusing to hire a qualified applicant with a disability because of their condition
c) Providing a reasonable accommodation for an employee with a disability
d) Allowing flexible work hours for an employee undergoing medical treatment
Correct Answer: b) Refusing to hire a qualified applicant with a disability because of their condition
Explanation: The ADA prohibits employers from discriminating against qualified individuals with disabilities and requires reasonable accommodations to be provided unless it would cause undue hardship.
Question 24
Which of the following federal laws prohibits workplace discrimination based on religion?
a) Occupational Safety and Health Act (OSHA)
b) Fair Labor Standards Act (FLSA)
c) Title VII of the Civil Rights Act of 1964
d) Immigration Reform and Control Act (IRCA)
Correct Answer: c) Title VII of the Civil Rights Act of 1964
Explanation: Title VII prohibits employers from discriminating against employees or applicants based on religion and requires reasonable accommodations for religious practices, unless it causes undue hardship.
Question 25
What is a primary difference between disparate treatment and disparate impact discrimination?
a) Disparate treatment is intentional, while disparate impact is unintentional
b) Disparate treatment only applies to gender, while disparate impact applies to race
c) Disparate impact is easier to prove than disparate treatment
d) Disparate treatment only occurs in hiring decisions, while disparate impact occurs in promotions
Correct Answer: a) Disparate treatment is intentional, while disparate impact is unintentional
Explanation: Disparate treatment involves intentional discrimination against an individual, while disparate impact occurs when a neutral policy disproportionately affects a protected group, even if unintentional.
Question 26
Which federal law prohibits retaliation against employees for participating in union activities?
a) Occupational Safety and Health Act (OSHA)
b) Fair Labor Standards Act (FLSA)
c) National Labor Relations Act (NLRA)
d) Americans with Disabilities Act (ADA)
Correct Answer: c) National Labor Relations Act (NLRA)
Explanation: The NLRA protects employees' rights to engage in union activities, including collective bargaining and strikes, and prohibits employers from retaliating against employees for these activities.
Question 27
Which law requires employers to provide reasonable accommodations for employees’ sincerely held religious beliefs?
a) Fair Labor Standards Act (FLSA)
b) Occupational Safety and Health Act (OSHA)
c) Title VII of the Civil Rights Act of 1964
d) Americans with Disabilities Act (ADA)
Correct Answer: c) Title VII of the Civil Rights Act of 1964
Explanation: Title VII requires employers to provide reasonable accommodations for employees’ religious beliefs, unless doing so would impose an undue hardship on the business.
Question 28
What is the term for an employer’s attempt to pressure an employee to quit by creating intolerable working conditions?
a) Hostile work environment
b) Retaliation
c) Constructive discharge
d) Quid pro quo harassment
Correct Answer: c) Constructive discharge
Explanation: Constructive discharge occurs when an employer creates working conditions so intolerable that a reasonable employee would feel compelled to resign.
Question 29
Which of the following actions by an employer could lead to a claim of gender-plus discrimination?
a) Refusing to hire women with young children, while hiring men with young children
b) Offering promotions based on performance evaluations
c) Paying male employees more than female employees for the same job
d) Implementing a flexible work schedule for all employees
Correct Answer: a) Refusing to hire women with young children, while hiring men with young children
Explanation: Gender-plus discrimination occurs when an employer discriminates against employees based on gender plus another characteristic, such as family responsibilities.
Question 30
Which law protects employees from being terminated for refusing to perform illegal activities?
a) Fair Labor Standards Act (FLSA)
b) Occupational Safety and Health Act (OSHA)
c) Public Policy Exception to Employment-at-Will
d) Consolidated Omnibus Budget Reconciliation Act (COBRA)
Correct Answer: c) Public Policy Exception to Employment-at-Will
Explanation: The public policy exception to the employment-at-will doctrine protects employees from being fired for refusing to engage in illegal activities, such as committing fraud or breaking the law.
Question 31
Which federal law requires employers to provide job-protected leave for family or medical reasons?
a) National Labor Relations Act (NLRA)
b) Family and Medical Leave Act (FMLA)
c) Fair Labor Standards Act (FLSA)
d) Americans with Disabilities Act (ADA)
Correct Answer: b) Family and Medical Leave Act (FMLA)
Explanation: The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for family or medical reasons, such as childbirth or caring for a seriously ill family member.
Question 32
What is the primary function of the Equal Employment Opportunity Commission (EEOC)?
a) To enforce federal laws that prohibit employment discrimination
b) To regulate workplace safety standards
c) To oversee union elections and labor disputes
d) To administer workers’ compensation benefits
Correct Answer: a) To enforce federal laws that prohibit employment discrimination
Explanation: The EEOC enforces federal laws that prohibit discrimination in employment based on race, color, religion, sex, national origin, age, disability, and genetic information.
Question 33
Which law prohibits employers from making employment decisions based on an individual’s national origin?
a) Title VII of the Civil Rights Act of 1964
b) Occupational Safety and Health Act (OSHA)
c) Immigration Reform and Control Act (IRCA)
d) Fair Labor Standards Act (FLSA)
Correct Answer: a) Title VII of the Civil Rights Act of 1964
Explanation: Title VII prohibits employers from discriminating against employees or applicants based on national origin, in addition to race, color, religion, and sex.
Question 34
Which of the following is an example of disparate impact?
a) A company has a policy of promoting only male employees
b) A company implements a height requirement for a job, which disproportionately excludes female applicants
c) An employee is fired for filing a discrimination claim
d) A supervisor makes unwanted comments about an employee’s appearance
Correct Answer: b) A company implements a height requirement for a job, which disproportionately excludes female applicants
Explanation: Disparate impact occurs when a seemingly neutral employment policy disproportionately affects a protected class, such as women, without being job-related.
Question 35
Under the Fair Labor Standards Act (FLSA), which of the following employees is exempt from overtime pay?
a) A full-time janitor
b) A salaried executive earning $120,000 annually
c) A cashier working 50 hours a week
d) A part-time delivery driver
Correct Answer: b) A salaried executive earning $120,000 annually
Explanation: Executives, administrative, and professional employees who earn above a certain salary threshold are exempt from overtime pay under the FLSA.
Question 36
Which of the following would violate the Family and Medical Leave Act (FMLA)?
a) Providing job-protected leave to an employee caring for a sick parent
b) Refusing to reinstate an employee after they return from FMLA leave
c) Offering unpaid leave to employees for medical reasons
d) Allowing employees to take intermittent leave
Correct Answer: b) Refusing to reinstate an employee after they return from FMLA leave
Explanation: Under FMLA, eligible employees are entitled to be reinstated to their original job or an equivalent position upon returning from leave.
Question 37
Which of the following is considered a violation of the Age Discrimination in Employment Act (ADEA)?
a) Offering early retirement packages to employees over 50
b) Requiring mandatory retirement for workers over age 60
c) Providing health insurance to employees over 40
d) Offering higher salaries based on seniority
Correct Answer: b) Requiring mandatory retirement for workers over age 60
Explanation: The ADEA prohibits mandatory retirement for most employees based on age, with some exceptions for high-level executives.
Question 38
Which of the following conditions is considered a disability under the Americans with Disabilities Act (ADA)?
a) Pregnancy
b) A broken leg that fully heals in 4 weeks
c) Dyslexia
d) Mild seasonal allergies
Correct Answer: c) Dyslexia
Explanation: Dyslexia is considered a disability under the ADA because it substantially limits major life activities such as reading and learning.
Question 39
Which law protects employees who report unsafe working conditions to OSHA?
a) Occupational Safety and Health Act (OSHA)
b) Sarbanes-Oxley Act
c) Immigration Reform and Control Act (IRCA)
d) Fair Labor Standards Act (FLSA)
Correct Answer: a) Occupational Safety and Health Act (OSHA)
Explanation: OSHA prohibits employers from retaliating against employees who report unsafe working conditions or other violations of workplace safety regulations.
Question 40
What is the purpose of the Sarbanes-Oxley Act?
a) To provide protections for whistleblowers in publicly traded companies
b) To establish safety standards for the workplace
c) To prohibit discrimination against employees based on national origin
d) To ensure equal pay for men and women
Correct Answer: a) To provide protections for whistleblowers in publicly traded companies
Explanation: The Sarbanes-Oxley Act provides whistleblower protections for employees of publicly traded companies who report fraud or other illegal activities.
