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web.groovymark@gmail.com
- December 3, 2024
Question 01
Which of the following is prohibited under the Fair Credit Reporting Act (FCRA)?
a) Requesting a credit report from a job applicant
b) Using a credit report to make hiring decisions
c) Failing to notify an applicant when their credit report is used for employment purposes
d) Verifying employment history through a background check
Correct Answer: c) Failing to notify an applicant when their credit report is used for employment purposes
Explanation: The FCRA requires employers to notify applicants if their credit report will be used in the hiring process and to obtain their consent before accessing the report.
Question 02
Which of the following is a valid defense against a claim of age discrimination under the Age Discrimination in Employment Act (ADEA)?
a) Business necessity
b) Reasonable factor other than age (RFOA)
c) Bona fide occupational qualification (BFOQ)
d) Good faith exception
Correct Answer: b) Reasonable factor other than age (RFOA)
Explanation: An employer can defend against an age discrimination claim by showing that the decision was based on a reasonable factor other than age, such as experience or job performance.
Question 03
Which law requires employers to reinstate employees to their former position or an equivalent position after they return from military service?
a) Fair Labor Standards Act (FLSA)
b) Occupational Safety and Health Act (OSHA)
c) Uniformed Services Employment and Reemployment Rights Act (USERRA)
d) Family and Medical Leave Act (FMLA)
Correct Answer: c) Uniformed Services Employment and Reemployment Rights Act (USERRA)
Explanation: USERRA ensures that employees who take leave for military service are reemployed in the same or a similar position upon their return.
Question 04
Which of the following is considered retaliation under employment law?
a) Promoting an employee after a positive performance review
b) Reducing an employee’s hours after they file a discrimination complaint
c) Providing a raise to an employee who exceeds performance goals
d) Terminating an employee for repeated absences
Correct Answer: b) Reducing an employee’s hours after they file a discrimination complaint
Explanation: Retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities, such as filing a complaint.
Question 05
Which federal law allows employees to file a lawsuit for wage theft or unpaid overtime?
a) Family and Medical Leave Act (FMLA)
b) Fair Labor Standards Act (FLSA)
c) Occupational Safety and Health Act (OSHA)
d) Immigration Reform and Control Act (IRCA)
Correct Answer: b) Fair Labor Standards Act (FLSA)
Explanation: The FLSA governs wage and hour laws, including minimum wage, overtime pay, and the right of employees to recover unpaid wages through legal action.
Question 06
Which of the following actions would be a violation of the Genetic Information Nondiscrimination Act (GINA)?
a) Using an employee’s family medical history to make a hiring decision
b) Requiring employees to submit to random drug testing
c) Offering health insurance that covers pre-existing conditions
d) Promoting an employee based on their performance evaluations
Correct Answer: a) Using an employee’s family medical history to make a hiring decision
Explanation: GINA prohibits employers from using genetic information, including family medical history, to make employment decisions, such as hiring, firing, or promotions.
Question 07
. Which law requires employers to provide equal pay for men and women who perform substantially similar work?
a) Title VII of the Civil Rights Act
b) Fair Labor Standards Act (FLSA)
c) Equal Pay Act (EPA)
d) Americans with Disabilities Act (ADA)
Correct Answer: c) Equal Pay Act (EPA)
Explanation: The Equal Pay Act requires that men and women be paid the same wages for performing substantially similar work under similar conditions.
Question 08
Which of the following actions would violate the Immigration Reform and Control Act (IRCA)?
a) Requiring all new hires to complete a Form I-9
b) Refusing to hire someone based on their citizenship status
c) Verifying the work eligibility of new employees
d) Keeping records of employees’ work authorization documents
Correct Answer: b) Refusing to hire someone based on their citizenship status
Explanation: IRCA prohibits discrimination based on citizenship status or national origin and requires employers to verify work authorization through the I-9 process.
Question 09
Which of the following is an example of a hostile work environment under Title VII of the Civil Rights Act?
a) A manager fires an employee for poor performance
b) An employee is subjected to repeated unwanted comments about their race
c) An employer implements a strict dress code policy
d) An employee receives a lower performance review than expected
Correct Answer: b) An employee is subjected to repeated unwanted comments about their race
Explanation: A hostile work environment occurs when an employee is subjected to severe or pervasive unwelcome conduct based on a protected class, such as race, that creates an abusive working environment.
Question 10
Which law ensures that employees are entitled to continue their health insurance coverage after losing their job?
a) Americans with Disabilities Act (ADA)
b) Consolidated Omnibus Budget Reconciliation Act (COBRA)
c) Fair Labor Standards Act (FLSA)
d) Family and Medical Leave Act (FMLA)
Correct Answer: b) Consolidated Omnibus Budget Reconciliation Act (COBRA)
Explanation: COBRA allows employees to continue their employer-sponsored health insurance for a limited time after losing their job, typically at their own expense.
Question 11
Which of the following is considered a reasonable accommodation under the Americans with Disabilities Act (ADA)?
a) Allowing an employee with a disability to work from home
b) Refusing to hire an applicant because they have a disability
c) Terminating an employee with a disability for requesting accommodations
d) Offering paid leave to an employee with a disability
Correct Answer: a) Allowing an employee with a disability to work from home
Explanation: Under the ADA, employers must provide reasonable accommodations, such as remote work, to qualified employees with disabilities, unless it would cause undue hardship.
Question 12
Which of the following is an example of quid pro quo sexual harassment?
a) A supervisor offers a raise in exchange for sexual favors
b) A co-worker makes an offensive joke
c) An employee files a complaint for being passed over for promotion
d) A manager conducts a performance review
Correct Answer: a) A supervisor offers a raise 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 adverse consequences if the favors are not provided.
Question 13
Which law regulates how personal health information is gathered, processed, and stored in the workplace?
a) Family and Medical Leave Act (FMLA)
b) Health Insurance Portability and Accountability Act (HIPAA)
c) Occupational Safety and Health Act (OSHA)
d) Equal Pay Act (EPA)
Correct Answer: b) Health Insurance Portability and Accountability Act (HIPAA)
Explanation: HIPAA regulates how employers and healthcare providers collect, process, retain, and protect personal health information to ensure confidentiality and privacy.
Question 14
Which of the following is an example of constructive discharge?
a) An employee is fired for misconduct
b) An employee resigns due to intolerable working conditions created by the employer
c) An employee is laid off due to company downsizing
d) An employee is denied a raise due to poor performance
Correct Answer: b) An employee resigns due to intolerable working conditions created by the employer
Explanation: Constructive discharge occurs when an employer creates working conditions so intolerable that a reasonable person would feel compelled to resign.
Question 15
Which law requires employers to provide job-protected leave for qualified family and medical reasons?
a) Fair Labor Standards Act (FLSA)
b) Family and Medical Leave Act (FMLA)
c) Americans with Disabilities Act (ADA)
d) Equal Pay Act (EPA)
Correct Answer: b) Family and Medical Leave Act (FMLA)
Explanation: The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave for family or medical reasons, such as childbirth or caring for a seriously ill family member.
Question 16
Which of the following actions could result in a claim of gender-plus discrimination?
a) Hiring only women for administrative roles
b) Refusing to hire a woman because she has small children
c) Offering flexible work schedules to all employees
d) Promoting employees based on their performance
Correct Answer: b) Refusing to hire a woman because she has small children
Explanation: Gender-plus discrimination occurs when an employer discriminates against employees based on gender plus another characteristic, such as family responsibilities.
Question 17
What is the primary purpose of the Older Workers Benefit Protection Act (OWBPA)?
a) To provide early retirement incentives to older workers
b) To protect employees from discrimination based on age
c) To prohibit employers from offering unequal benefits based on age
d) To allow employers to make decisions based on performance
Correct Answer: c) To prohibit employers from offering unequal benefits based on age
Explanation: The OWBPA prohibits employers from denying or reducing benefits for older employees and ensures that employees over 40 are not unfairly treated in terms of benefits.
Question 18
Which law protects employees from being forced to join a union as a condition of employment in certain states?
a) Fair Labor Standards Act (FLSA)
b) Right-to-Work Laws
c) National Labor Relations Act (NLRA)
d) Occupational Safety and Health Act (OSHA)
Correct Answer: b) Right-to-Work Laws
Explanation: Right-to-Work laws, enacted by individual states, give employees the option to not join a union as a condition of employment, even if their workplace is unionized.
Question 19
Which of the following is an illegal bargaining subject under labor law?
a) Wages
b) Hours of work
c) Layoff procedures
d) Discrimination based on race or gender
Correct Answer: d) Discrimination based on race or gender
Explanation: Illegal bargaining subjects include discriminatory practices or policies, such as those based on race or gender, which cannot be included in collective bargaining agreements.
Question 20
Which of the following actions by an employer would violate the Pregnancy Discrimination Act (PDA)?
a) Offering unpaid leave to a pregnant employee
b) Requiring a pregnant employee to take time off
c) Allowing a pregnant employee to take short-term disability
d) Offering health benefits that include pregnancy-related conditions
Correct Answer: b) Requiring a pregnant employee to take time off
Explanation: Under the PDA, employers cannot force pregnant employees to take time off or treat them differently from other employees with temporary disabilities.
