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web.groovymark@gmail.com
- December 3, 2024
Question 21
Which of the following is an example of an illegal lockout?
a) A company prevents union employees from working during a strike
b) A company prevents employees from entering the workplace during negotiations
c) A company locks out employees without any labor dispute
d) A company negotiates with union members while implementing a lockout
Correct Answer: c) A company locks out employees without any labor dispute
Explanation: Lockouts are only legal during a legitimate labor dispute. If an employer locks out employees without cause or a labor issue, it would be considered illegal.
Question 22
Which of the following laws prohibits employers from retaliating against employees for filing a complaint with the Equal Employment Opportunity Commission (EEOC)?
a) Fair Labor Standards Act (FLSA)
b) Equal Pay Act (EPA)
c) Title VII of the Civil Rights Act
d) Americans with Disabilities Act (ADA)
Correct Answer: c) Title VII of the Civil Rights Act
Explanation: Title VII protects employees from retaliation if they file a discrimination complaint or participate in an investigation by the EEOC.
Question 23
What is the legal term for an agreement where an employer promises not to interfere with union organizing efforts in exchange for union cooperation?
a) Neutrality agreement
b) Closed shop agreement
c) Hot cargo agreement
d) Right-to-work agreement
Correct Answer: a) Neutrality agreement
Explanation: A neutrality agreement is a contract between an employer and a union where the employer agrees not to interfere with union organizing efforts, and the union agrees to refrain from strikes or other actions during negotiations.
Question 24
Which of the following is a protected health condition under the Americans with Disabilities Act (ADA)?
a) Pregnancy
b) Dyslexia
c) A broken arm that heals within six weeks
d) Mild seasonal allergies
Correct Answer: b) Dyslexia
Explanation: Dyslexia is considered a disability under the ADA because it affects major life activities, such as reading and learning.
Question 25
Which of the following actions is a violation of the Immigration Reform and Control Act (IRCA)?
a) Requiring all new employees to complete an I-9 form
b) Refusing to hire someone based on their citizenship status
c) Verifying work authorization for new employees
d) Keeping records of employees’ work eligibility
Correct Answer: b) Refusing to hire someone based on their citizenship status
Explanation: The IRCA prohibits employers from discriminating against employees or applicants based on citizenship status and requires the verification of work eligibility for all new hires.
Question 26
Which law allows employees to continue their health insurance coverage after being laid off or terminated?
a) Fair Labor Standards Act (FLSA)
b) Consolidated Omnibus Budget Reconciliation Act (COBRA)
c) Occupational Safety and Health Act (OSHA)
d) Immigration Reform and Control Act (IRCA)
Correct Answer: b) Consolidated Omnibus Budget Reconciliation Act (COBRA)
Explanation: COBRA allows employees to continue their employer-sponsored health insurance for a limited period after losing their job, typically at their own expense.
Question 27
Which of the following is considered an adverse employment action under the concept of retaliation?
a) Promoting an employee after a positive performance review
b) Demoting an employee for filing a discrimination complaint
c) Offering a raise based on merit
d) Hiring an employee with no prior work experience
Correct Answer: b) Demoting an employee for filing a discrimination complaint
Explanation: Retaliation occurs when an employer takes adverse actions, such as demotions or terminations, against employees for engaging in legally protected activities.
Question 28
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 29
Which law protects employees who report violations of workplace safety regulations?
a) Occupational Safety and Health Act (OSHA)
b) Fair Labor Standards Act (FLSA)
c) Immigration Reform and Control Act (IRCA)
d) Americans with Disabilities Act (ADA)
Correct Answer: a) Occupational Safety and Health Act (OSHA)
Explanation: OSHA protects employees who report unsafe working conditions or violations of workplace safety standards from employer retaliation.
Question 30
Which of the following actions would violate the Equal Pay Act (EPA)?
a) Paying employees based on performance
b) Paying a male employee more than a female employee for substantially similar work
c) Offering bonuses to employees who meet specific goals
d) Providing raises based on seniority
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 the same wages for performing substantially similar work under similar conditions.
Question 31
Which law protects workers from being fired for refusing to participate in illegal activities?
a) Public Policy Exception to Employment-at-Will
b) Occupational Safety and Health Act (OSHA)
c) Fair Labor Standards Act (FLSA)
d) Family and Medical Leave Act (FMLA)
Correct Answer: a) Public Policy Exception to Employment-at-Will
Explanation: The public policy exception protects employees from being terminated for refusing to engage in illegal activities, such as fraud or other unlawful conduct.
Question 32
Which law allows workers to take leave to care for a family member with a serious health condition?
a) Fair Labor Standards Act (FLSA)
b) Family and Medical Leave Act (FMLA)
c) Immigration Reform and Control Act (IRCA)
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 leave to care for a family member with a serious health condition.
Question 33
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 employer creates such unbearable working conditions that a reasonable person would feel compelled to resign.
Question 34
Which law protects employees from discrimination based on genetic information?
a) Americans with Disabilities Act (ADA)
b) Genetic Information Nondiscrimination Act (GINA)
c) Equal Pay Act (EPA)
d) Immigration Reform and Control Act (IRCA)
Correct Answer: b) Genetic Information Nondiscrimination Act (GINA)
Explanation: GINA prohibits employers from using genetic information, including family medical history, to make employment decisions such as hiring, firing, or promotions.
Question 35
What is the term used to describe an employee’s voluntary acceptance of the potential risks associated with their job?
a) Negligence
b) Assumption of risk
c) Constructive discharge
d) Involuntary termination
Correct Answer: b) Assumption of risk
Explanation: The assumption of risk occurs when an employee is aware of the potential dangers or hazards of their job and voluntarily accepts them as part of their employment.
Question 36
Which of the following is an example of an employer’s violation of the Fair Labor Standards Act (FLSA)?
a) Paying an employee based on commission
b) Paying a non-exempt employee less than minimum wage
c) Offering flexible schedules to salaried employees
d) Providing time off in lieu of overtime pay
Correct Answer: b) Paying a non-exempt employee less than minimum wage
Explanation: The FLSA establishes a federal minimum wage, and paying non-exempt employees less than that wage is a violation of the law.
Question 37
Which of the following would be a violation of the Occupational Safety and Health Act (OSHA)?
a) An employer failing to provide personal protective equipment to employees working in hazardous conditions
b) Allowing employees to work from home
c) Offering health insurance that does not cover workplace injuries
d) Requiring employees to take breaks during long shifts
Correct Answer: a) An employer failing to provide personal protective equipment to employees working in hazardous conditions
Explanation: OSHA requires employers to provide a safe working environment, which includes providing necessary personal protective equipment (PPE) to employees in hazardous conditions.
Question 38
Which law requires employers to provide equal pay to men and women performing substantially the same 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 performing substantially the same work under similar conditions must receive equal pay.
Question 39
What is the primary purpose of the Employee Retirement Income Security Act (ERISA)?
a) To set minimum wage standards
b) To protect retirement benefits for employees
c) To provide health benefits for employees
d) To allow employees to take leave for medical reasons
Correct Answer: b) To protect retirement benefits for employees
Explanation: ERISA sets standards to protect the retirement and health benefits of employees, ensuring that their pension plans and other benefits are managed properly.
Question 40
Which of the following actions could result in a claim of reverse discrimination?
a) Hiring only minority candidates to fill a specific position
b) Offering promotions based solely on merit
c) Implementing a diversity training program
d) Refusing to hire candidates based on their gender
Correct Answer: a) Hiring only minority candidates to fill a specific position
Explanation: Reverse discrimination occurs when affirmative action or diversity efforts result in favoring minority candidates at the expense of majority candidates, leading to claims of discrimination.
