D352 - Employment and Labor Law

Which two questions by an employer to a job candidate are violations of the American with Disabilities Act? "What is the severity of your disability?" and... Section 1 - Lesson 14

"When can you take a pre-employment medical exam?"

What is an example of a legal affirmative action program? Section 1

A recruiting program that sends representatives to a women's organization

A female employee has filed an equal pay suit against her former employer, alleging that her male colleague, who worked the same senior-level job, was paid more. How can the organization prevent this type of discrimination in the future?

Adjust standards of pay based on merit and productivity

A car manufacturer is hiring for open positions in its parts and distribution warehouse. The company uses physical and written tests to determine which candidates meet the requirements. A candidate with a physical deformity with their hands was not invited to move forward to participate in these exercises. They filed a complaint with the Equal Employment Opportunity Commission (EEOC). After reviewing the employer's hiring procedure and job description, the EEOC found the company's process was problematic and accepted the candidate's claim. What should the company have done to prevent this?

Allowed all qualified candidates to go through the whole process

Which two conditions would entitle an eligible worker to medical leave under the Family Medical Leave Act (FMLA)? A pregnancy complication that requires an employee's spouse to be hospitalized and... Section 1 - Lesson 11

An upper respiratory illness that incapacitates an employee's child for a week

A firefighter is injured on the job and comes back to work six months later after the physician has cleared them for duty. When the captain overhears the firefighter discussing that they are six weeks pregnant and never felt better, the captain puts them on light work assignment. The firefighter files a complaint for discrimination with the union representative and human resources (HR). How should the union and HR work together to prevent this discrimination?

Approve the firefighter's request to work regular shifts

A hospital prides itself on hiring a diverse workforce. To ensure it provides the best medical care, the hospital requires that all personnel speak only English the operating room even if it is not the native language of the worker. How should the hospital clarify the purpose of the policy to prevent discrimination?

Business necessity

**Due to an eye condition, an employee completes a request for accommodation to human resources (HR) for software to see emails on a larger scale on their computer screen. The HR manager would need to bill the employee's department for the cost of the new software. How should HR respond to the request?

Check with the department to see if it will pay for the software

What action can employers take during the hiring process to avoid negligent hiring claims? Check references and... Section 1

Conduct background checks

A manufacturing company prides itself on having a diverse workforce by interviewing and hiring people of all backgrounds. Upon being hired, the new human resources (HR) manager discovered that Black applicants were often steered toward lower-paying positions, and their non-Black counterparts were interviewed and hired for higher-paying positions. How should the HR manager address the discriminatory hiring practices?

Create a hiring and pay policy that is based on qualifications

Two employees were dating at work, and one of them ended the relationship. The employee who was rejected wanted revenge. To embarrass their ex-partner, they created a fake social media account and posted private pictures that were sent during their relationship. Once the postings started spreading around the workplace, the inflicted employee was embarrassed, missed several days of work, and started looking for another job. Which type of violation did the employee commit?

Delivering emotional distress

**A restaurant prefers hiring workers who can provide a long tenure instead of those close to retirement age. Which action should the restaurant take to avoid a discrimination claim?

Develop a blind application review system

A dental office has received several client complaints about a hygienist's facial hair and dreadlocks. The complaining clients request that a change be made, alleging that the hygienist is unsanitary. How should the dental office handle this?

Develop a policy that requires grooming to be kempt

An older employee was told to give most of their work to a younger employee. They had to train the younger worker on all of their tasks. The older employee was not given more challenging work to replace the work they were handing over, and they were left with very little work to do. When asked why this was happening, the manager told the older employee they wanted to lighten the older employee's load. How can the employer prevent this type of age discrimination?

Discontinue marginalizing the staff member by removing opportunities

What is one of the differences between disparate impact and disparate treatment? Section 1

Disparate impact is unintentional but disparate treatment is intentional.

**A logistics company's human resources manager recruited ten graduates, five males and five females, from truck driver certification school to create a more diverse talent pool. Two female graduates visited their former instructor and discovered that male graduates were offered $10,000 more per year. The five female graduates decide to file a lawsuit with the Equal Employment Opportunity Commission for discrimination based on the differences in starting salaries compared to the male graduates. Which type of claim should the female graduates file against the logistics company?

Disparate treatment

**A senior employee at a grocery store recently converted to Judaism and asked not to be scheduled Friday evenings or Saturdays. After three months of the store manager accommodating the employee by asking for volunteers to switch shifts each week, the employees who volunteered quit. The store manager asked that the employee be willing to work at least two Fridays or Saturdays until new employees were hired. The employee quit and filed a lawsuit against the employer for discrimination. However, the Equal Employment Opportunity Commission (EEOC) ruled in favor of the store manager, stating the accommodation was unreasonable. Which action by the employer led to the EEOC filing in its favor?

Documentation of lost revenue if the store is closed on Fridays or Saturdays due to staff shortages

What must employers do to comply with the Immigration Reform and Control Act (IRCA) when hiring new employees? Section 1

Examine documents that verify authorization to work identity

What are the two benefits to military personnel of the final rule amendment to the Federal and Medical Leave Act (FMLA)? Increases the time to 15 days to spend with a service family member and... Section 1 - Lesson 11

Expands the list of healthcare providers to support caregiver leave

**A supervisor details the terms of the 90-day probationary period to new employees and states that failure to perform job duties during that time adequately will result in termination. Which type of contract is the supervisor confirming?

Express

According to the ADA, an employer is required to hire an individual with an active case of hepatitis. Section - Lesson 14

False

An employee is given 300 days to file a complaint with the Equal Employment Opportunity (EEOC) when a state agency to handle the situation is nonexistent. Section 1

False

The ADEA allows state and local government to set, by law, retirement ages for educators and airplane pilots. Section 1 - Lesson 13

False

The Equal Pay Act recognizes comparable worth. Section 1 - Lesson 10

False

The United States Department of Justice is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration service policies and priorities. Section 1

False

Title VII requires all employers to enact affirmative action plans. Section 1

False

Which two types of businesses are exempt from the Equal Pay Act? Seasonal amusement and... Section 1 - Lesson 10

Fishing industries

**A supervisor at Plant A overhears a conversation about an accident at Plant B where five employees were seriously injured. One employee has a permanent injury to their left hand that slows down their performance and plans on transferring to Plant A. When the employee reports to Plant A, the supervisor terminates the employee, believing that the employee will slow down production. Which legislation allows the employee to file a lawsuit against the employer based on the action taken by the supervisor?

Health Insurance Portability and Accountability Act (HIPAA)

Which 2 employer actions are example of disparate impact? Requiring speed benchmarks on physical ability tests and... Section 1

Hiring only applicants with high scores on reaction times

An employee's coworker continues to make unwanted comments regarding the employee's physical qualities and abilities after the employee asked the coworker to stop. As a result, the employee's performance has decreased significantly. Which type of harassment is described in this scenario? Section 1

Hostile environment

An employee presented an expired passport with their work visa to prove their identity and authorization to work in the United States. The manager promptly terminated the employee, who filed a lawsuit against the employer for discrimination based on citizenship status. Human resources (HR) was contacted to address the situation. Which portion of the Immigration Reform and Control Act should HR train the manager on to prevent this type of discrimination?

How a foreign passport and employment visa prove their right to work

Which action by an employer violates Title VII? Section 1 - Lesson 12

Imposing a requirement that new hires receive training in a foreign country

Which two employer actions are examples of discrimination against national origin? Discharging a worker due to an association with a specific ethnic group and... Section 1 - Lesson 12

Imposing height requirements for a specific job opening

Which two conditions are defined as a disability under the Americans with Disabilities Act (ADA) Amendments Act of 2008? Dyslexia and... Section 1 - Lesson 14

Insomnia

Employees at an accounting firm are required to take an annual exam to ensure they remain aware of tax and fiscal law changes. An employee with a disability requested test accommodation in the form of extra time so they could manage their diabetes. Their supervisor stated they had to take the exam as the other employees. The employee spoke with the human resources (HR) officer to see if they could get accommodation. When the supervisor found out, they terminated the employee. How should HR respond to the supervisor's action to prevent this type of discrimination?

Investigate the retaliatory action

**A manager has posted false rumors on social media that a terminated employee is not eligible for rehire based on what they overheard about the employee. Which workplace tort is the manager committing?

Libel

**A warehouse has fewer African American and Latino employees than other racial groups. The human resources (HR) officer has found that the positions require a background check before a second-round interview is scheduled, which has disqualified more African American and Latino applicants. What should the HR officer do to mitigate this issue?

Make sure the requirements of the job match the skills

An organization is providing extra break time for the Employee Assistance Program (EAP) to provide an involuntary physical fitness program for employees over 40. To participate in the program, employees must submit blood samples to help determine cholesterol, blood sugar levels, and antibodies against certain illnesses. An employee filed a complaint about the program and its sample requirements, citing the Genetic Information Nondiscrimination Act and alleging age discrimination. How should the company resolve this issue?

Make the program optional for workers

Which two employer actions are violations of the Age Discrimination in Employment Act (ADEA)? Denial of promotions to workers over age 50 and... Section 1 - Lesson 13

Mandatory retirement for workers over age 55

What are 2 torts of common-law privacy? Disclosing private facts about an individual and... Section 1

Misrepresenting an individual to the public

A new employee is provided with the company employee handbook their first day at work. The employee reports to work at 8 a.m. for the first 30 days but then starts to report to work at 9 a.m. for the next two weeks. The handbook clearly describes the attendance policy, stating business hours are 8 a.m.-5 p.m. The employer terminates the employee due to unsatisfactory performance. Which legislation protects the right of the employer to terminate this employee for a good cause?

Model Employment Termination Act

A help desk manager will only hire people who speak English fluently and without a foreign-sounding accent. Human resources (HR) is informed of the hiring manager's preferences. How should HR respond?

Notify the manager that perfect English-only rules are against the Civil Rights Act

A mail delivery worker, whom a federal contractor employs, was asked to take a random drug test. The worker tests positive for marijuana and is subsequently terminated. The worker feels this results from discrimination and has decided to pursue legal action. There was no company policy prohibiting marijuana use. How should the mail office prevent this type of discrimination in the future?

Post cannabis-free policies around the workplace

**Candidates for firefighter positions must meet certain height and weight requirements to be eligible to work in a particular city. The fire department will determine from the Uniform Guidelines on Employee Selection Procedures if the requirements are valid criteria. How should the fire department determine this?

Prove a statistical correlation with high job performance

A new human resources (HR) officer finds that older employees are given fewer tasks and are less likely to be considered for promotions. The older employees complain about not understanding the new technology systems and communication procedures. How should the HR officer mitigate this disparate treatment?

Provide training opportunities for staff

An employee is terminated for reporting a supervisor's wrongdoing. Which employment-at-will exception does this situation exemplify? Section 1

Public Policy Exception

Which employer action is an example of gender-plus discrimination? Section 1

Refusing to hire women with infants after hiring men with infants

A telecommunications repair employee uses their vehicle for work and is tracked using the Global Positioning System (GPS) during work hours for productivity and routing purposes. The next day at work, their supervisor comments about the restaurant the employee went to with their spouse the night before. When asked how this information was obtained, the employee is told they were still being tracked after work. The employee visits an attorney and sues the employer. How should the employer have protected the employee's privacy rights?

Removed GPS at the end of the day

**A technology company hires a new network administrator I, who is Jewish. As part of religious practices, they turn off all technology to the extent of not driving a car on Saturdays. The department manager provides a new training class for all administrators to advance to network administrator II upon completion. These classes are available only on Saturdays, and the new network administrator cannot attend. How can human resources help avoid this disparate impact?

Request the manager to hold classes during the work week

A federal contracting company has failed a recent safety inspection. Repairs will be made in 60 days, when additional funds are available. An employee feels morally obligated to report the situation to the Occupational Safety and Health Administration (OSHA) but is afraid of potential consequences. Which provision of Title VII will protect this employee? Section 1

Retaliation

A senior financial analyst files a hostile work environment claim against their manager for inappropriate comments and promises of a promotion if they go on a date with them. Shortly after the complaint investigation, the senior financial analyst is moved to a lower pay grade, and their salary is reduced. What is the name for this type of action?

Retaliatory demotion

An employee was called to act as a witness during a wage and hour investigation. The employee agreed with another employee's complaint by admitting they had worked off the clock at the department manager's direction. The manager was disciplined and told not to do this again. A couple of months later, the same employee was removed from their current department trainer position and made a regular associate. This change in status caused the employee to lose the ability to earn extra pay as a trainer. Which type of tort law is this an example of?

Retaliatory demotion

A pharmacy hires seasonal pharmacy technicians over 40 to work in the store part-time during the winter, as it is located in a warmer climate where retired customers tend to migrate during the winter. It also employs other technicians, full-time, who are under 40. The full-time technicians tell the seasonal technicians that the full-time technicians make two dollars more per hour. The seasonal technicians filed a class-action lawsuit for discrimination based on age. The pharmacy won the case, stating that it hires technicians over 40 during the winter, so customers who come to the state see technicians who look like them and feel more comfortable. What should the pharmacy have done to avoid the lawsuit?

Revised its compensation to pay based on years of experience

What action by an employee are protected by qualified privilege? Section 1

Sending comments about an employee's performance through company email

**A male manager repeatedly sets up meetings with two junior associates, both of whom are female. During the meetings, the manager regularly puts his hand on the taller female associate's arms or back but never does it to the shorter female associate. Both female associates feel uncomfortable. The shorter associate encourages the taller associate to report it to human resources (HR), but the taller associate is concerned that the manager will retaliate against her. The shorter associate contacts HR and reports the manager's behavior. When the manager finds out about the report, he fires the shorter associate. Which action should be taken by the employer to remedy this disparate treatment?

Terminate the manager, apologize to both associates, and reinstate the shorter associate

What are 2 differences between the Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB)? The EEOC decides and enforces complaints alleging violations of the Title VII and... Section 1

The EEOC offer complaints when parties are involved in discriminatory practices.

Which 2 acts does the Equal Employment Opportunity Commission (EEOC) enforce? The Equal Opportunity Pay Act of 1973 and... Section 1

The Lilly Ledbetter Fair Pay Act of 2009

A federal contractor receives over a million dollars in contracts every year. The human resources (HR) department has reviewed applications of at least 10 candidates for a proposal writer's position, one of whom is a veteran with disabilities who uses a wheelchair. Which document should the HR manager show the hiring manager to encourage them to hire this candidate?

The contractor's Affirmative Action Plan for recruiting under Section 503 of the Rehabilitation Act

An employee made statements about their colleague's performance during the annual performance review period and escalated the feedback through proper channels. The supervisor passed over the colleague for a promotion due to the feedback. The colleague filed a defamation lawsuit alleging slander by the employee. The employee believes they were helping the colleague. Why are the employee's comments immune from the defamation lawsuit?

The employee is protected by qualified privilege because the statements were made in good faith.

**A 55-year-old employee was part of a company restructuring and was terminated by their manager. They were provided with paperwork that included the demographics of everyone impacted and a waiver of claims under the Age Discrimination in Employment Act (ADEA). The waiver was required to be signed within 24 hours of receipt. The terminated employee contacted human resources (HR) because they knew this violated the ADEA. What should HR tell the manager to prevent this from happening in the future?

The employee was not given a reasonable time to review the waiver.

**A global pandemic has forced a company to lay off over half of its workers. Due to how quickly government regulations changed and the effects of the subsequent financial crisis, the company provided less than 60 days' notice to the affected workers. Why is this acceptable under federal policy?

The loss of personnel was due to unforeseen circumstances.

Which ADEA qualification would allow the mandatory retirement of executive employees? Section 1 - Lesson 13

The worker must have been in a high-level position for two years.

Information technology (IT) security analysts at a bank must be on call for 24 hours every other weekend. Two of the senior analysts, who are Hispanic, went to an IT conference their manager approved. The hotel network went down, so no alerts were received all weekend. The IT services manager came in the following Monday to find the network had been down, alerts had been sent, and two junior analysts had restored the network. The two senior analysts were terminated for failing to respond. They filed a lawsuit for wrongful termination since no damages were incurred, as the junior analysts restored the network, and felt the manager discriminated against them since they are Hispanic. Which evidence should the senior analysts present to support the claim of wrongful termination?

Time stamps of when network messages were received by the senior analysts

What is the purpose of the Sarbanes-Oxley Act? Section 1

To impose civil and criminal penalties against employers who take actions against whistleblowers

What are the 2 purposes of Affirmative Action programs? To establish fair access to employment opportunities and... Section 1

To promote opportunities for minority employees

What is the purpose of The Immigration Reform and Control Act (IRCA)? To allow immigrants to remain in the U.S. if they meet certain requirements and... Section 1

To prosecute employers that hire undocumented (illegal) workers

A company is laying off half its technical staff due to losing a product line and has provided a 60-day notice. The affected employees voice their frustration with the decision to other staff. The company has begun to limit the employees' access to key information. Why did the company take this action?

To protect proprietary information and knowledge

Which claim is appropriate for a plaintiff who alleges a third party was responsible for an employee's termination? Section 1

Tortious interference with contract

**A retail employee for a major chain provided a doctor's note for four weeks of leave during the holiday season to obtain treatment for a medical condition. The manager denied the request for leave, but the employee still took the time off. The manager contacted human resources (HR) to request paperwork for terminating the employee, but it was denied. What should HR do to prevent the manager from denying acceptable accommodations in the future?

Train managers in how to respond to employees with disabilities

A company's sick-leave pay benefits must also cover pregnancy-related leaves if they cover temporary disabilities. Section 1 - Lesson 11

True

According to the Model Employment Termination Act (META), every dismissal must show good cause in order to protect employees from wrongful discharges. Section 1

True

All religious institutions, societies, corporations, educational institutions, and associations are exempt from religious discrimination requirements under Title VII under section 702(a). Section 1 - Lesson 12

True

Courts often refuse to take on negligent infliction of emotional stress cases. Section 1

True

Disparate impact cases are more difficult to prove than disparate treatment cases. Section 1

True

HIPAA prevents employers from using an employee's protected health information for personnel decisions. Section 1

True

Sexual harassment is a form of gender discrimination. Section 1

True

The Whistleblower Act provides protection for employees who report safety hazards in the workplace. Section 1

True

A pregnant employee at a fast-food establishment informed the manager that she has to use the bathroom more often as she moves into the later stage of her pregnancy. What should the company review?

Whether the accommodation would cause undue hardship to the business

Which disadvantage is associated with an employer using gender-based actuarial tables to determine premiums and benefits for pensions? Section 1 - Lesson 10

Women the same age as men would pay higher premiums for the same benefits.

A police chief has found that some officers in their department are racially profiling city residents. The department is required to enforce a strict city jaywalking local ordinance, disproportionately affecting the city's Black and Latino population, who often live in neighborhoods without sidewalks and crosswalks. How should the police chief mitigate this issue?

Work with the city to determine impact on urban zones

What are two justifications for at-will employment? Choose 2 answers. Section 1

free enterprise; freedom of contract