Employment Law Exam
"Serious e. a and b
"Serious health conditions" include: a. pregnancy, when it results in a period of incapacity b. all conditions that require hospitalization c. all conditions that require treatment by a health care provider d. all of the above e. a and b
A principal b. preventing injuries and illnesses on the job.
A principal objective of the Occupational Safety and Health Act is: a. compensating employees for injuries and illnesses that occur on the job. b. preventing injuries and illnesses on the job. c. promoting healthier life styles for employees. d. all of the above e. none of the above
A/an d. executive order
A/an ____ is issued by the president of the United States to provide direction to government departments on a specific area. a. federal mandate b. presidential directive c. legislative initiative d. executive order
Affirmative e. none of the above
Affirmative action: a. is primarily applied to hiring decisions b. is limited to African Americans and women c. includes any formal or informal efforts to improve the employment opportunities of African Americans and women d. all of the above e. none of the above
An employee e. all of the above
An employee can be considered disabled under the ADA if: a. he/she has an existing disability b. he/she is erroneously regarded as being disabled c. he/she is not currently disabled, but has a record of a prior disability d. a and b e. all of the above
Concerning b. The law governs benefit plans broadly, not just pension plans.
Concerning the Employee Retirement Income Security Act (ERISA), it is correct to say that: a. The law governs only pension plans. b. The law governs benefit plans broadly, not just pension plans. c. The law only applies to "welfare" plans. d. None of these
Employees b. the employer has been informed of the hazard and does not correct it.
Employees who walk off the job due to dangerous conditions may be protected under OSHA (the Act) if: a. there has been an inspection and OSHA has validated the claim that dangerous conditions exist. b. the employer has been informed of the hazard and does not correct it. c. there is a specific OSHA standard that applies to the hazard. d. all of the above e. none of the above
Employers a. only if the test is having discriminatory effects
Employers must show that a test is job related and consistent with business necessity: a. only if the test is having discriminatory effects b. any time that a test is used c. only if content validity cannot be established d. none of the above
HIPAA e. a and c
HIPAA applies primarily to: a. health care providers. b. hospitals receiving Medicare payments. c. self-insured companies. d. all firms contracting with the federal government. e. a and c f. none of these
In a b. a quit is treated as a termination because circumstances forced the employee to leave.
In a constructive discharge: a. the employer provides feedback on performance problems that will help the employee in a future job. b. a quit is treated as a termination because circumstances forced the employee to leave. c. the employee will be able to sue for the tort of constructive discharge. d. the employee is fired after the employer has built or constructed a prima facie case for the employee's dismissal.
In order a. meet the same job-related education, skill, and background requirements as other job candidates or employees
In order to be a "qualified individual with a disability," a disabled person must: a. meet the same job-related education, skill, and background requirements as other job candidates or employees b. not pose a direct threat others (but may pose a threat to his/her own health) c. be able to satisfactorily perform all of the functions of a job d. all of the above e. none the above
In order b. be chronic or expected to have a long-term impact on functioning
In order to be substantially limiting, a condition must: a. render an employee unable to perform her previous job b. be chronic or expected to have a long-term impact on functioning c. without the aid of any corrective devices used by the employee, make it impossible to perform one or more major life activities d. all of the above e. none of the above
In responding c. discuss the disabled employee's need for accommodation with other employees
In responding to requests for reasonable accommodation, employers should NOT: a. engage in an interactive process with disabled employees b. limit medical inquiries to information needed to assess functional limitations c. discuss the disabled employee's need for accommodation with other employees d. all of the above e. none of the above
Legal e. all of these
Legal issues concerning downsizing include: a. the decision to downsize b. the manner in which downsizing is implemented c. prior notification of downsizing d. the decision about which individuals to Downsize e. all of these f. none of these
Non-competition c. will not be enforced unless the former employer can show that they are no more restrictive than necessary.
Non-competition agreements: a. are almost always enforced by the courts. b. will be enforced unless former employees can show that the agreements are overly broad. c. will not be enforced unless the former employer can show that they are no more restrictive than necessary. d. are less commonly used now than in the past. e. none of the above
OSHA b. that employers maintain material safety data sheets for all hazardous chemicals used in the workplace.
OSHA's hazard communication standard requires: a. specific content and methodology regarding the training of employees in hazards that they might reasonably encounter on the job. b. that employers maintain material safety data sheets for all hazardous chemicals used in the workplace. c. that employers provide employees with information about evacuation routes and other emergency procedures. d. all of the above e. none of the above
Performance a. should cite specific instances of good or bad performance.
Performance appraisals: a. should cite specific instances of good or bad performance. b. should never contain language strongly criticizing an employee's performance. c. should consist primarily of numerical ratings because these are more objective. d. all of the above e. none of the above
Protected d. apply to unionized workers but not to non-unionized workers.
Protected concerted activities: a. are engaged in with or on the authority of other employees. b. must be related to wages, hours, terms or conditions of employment. c. must not be extreme or abusive. d. apply to unionized workers but not to non-unionized workers. e. all of the above
The Americans a. applies to private sector employers with 15 or more employees
The Americans with Disabilities Act (ADA): a. applies to private sector employers with 15 or more employees b. amends and supersedes the Rehabilitation Act c. protects all disabled persons against discrimination in employment by covered employers d. all of the above e. none of the above
The Drug b. employers must develop and communicate polices prohibiting drug use, possession, or sale in the workplace
The Drug Free Workplace Act of 1988 requires that: a. employees must be drug tested at the time of hire and whenever there is reasonable suspicion of drug use in the workplace b. employers must develop and communicate polices prohibiting drug use, possession, or sale in the workplace c. employers must terminate all employees who are found more than once to be using drugs in the workplace d. all of the above e. none of the above
The a. prohibits the intentional interception of electronic communications.
The Electronic Communications Privacy Act: a. prohibits the intentional interception of electronic communications. b. prohibits the monitoring of computer use by employers. c. prohibits the accessing of stored e-mail messages by employers. d. all of the above e. none of the above
The Fair Credit b. a consumer credit report, which reports credit information and general character information, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like
The Fair Credit Reporting Act refers to which two kinds of reports? a. a consumer credit report, which reports only credit-worthiness, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like b. a consumer credit report, which reports credit information and general character information, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like c. a fair credit report, which guarantees accuracy, and a character reference report, based on personal interviews of neighbors, colleagues, and the like
The Immigration b. requires that employers not discriminate based on national origin and citizenship
The Immigration Reform and Control Act a. requires that employers not hire or employ aliens b. requires that employers not discriminate based on national origin and citizenship c. allows employers to hire only a limited number of foreign nationals under the H-1B visa program d. all of the above e. none of the above
The e. none of the above
The Privacy Act requires: a. that covered employers adopt written workplace privacy policies. b. that employees be informed if they are subject to monitoring or surveillance in the workplace. c. that medical records must be kept confidential and separate from personnel files. d. all of the above e. none of the above
The Sarbanes-Oxley d. HR exempt-level professionals must have professional certification.
The Sarbanes-Oxley Act has had all of the following effects on HR EXCEPT a. companies have to establish ethics codes. b. HR has had to carry out compliance verification effort involved with the act. c. HR has to develop anti-retaliation policies for employee whistle-blowers. d. HR exempt-level professionals must have professional certification.
The Uniformed b. Employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that: a. All persons returning from military service must be reemployed. b. Employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions. c. Employers continue to provide at least partial pay to employees serving in the military for up to 24 months. d. All of the above e. None of the above
The bona c. is the only means by which employers can avoid liability for facially discriminatory policies or practices
The bona fide occupational qualification (BFOQ) defense: a. applies to intentionally discriminatory policies but not to neutral policies that result in discrimination b. permits race or color to be used as selection criteria, but only under circumstances where employers can make a very strong case for why that is necessary c. is the only means by which employers can avoid liability for facially discriminatory policies or practices d. all of the above e. none of the above
The duty c. requires that employers supply unions with information relevant and necessary to bargaining effectively.
The duty to bargain in good faith: a. requires both employers and unions to eventually reach agreement in their negotiations. b. requires that any issue raised by either the employer or union must be negotiated. c. requires that employers supply unions with information relevant and necessary to bargaining effectively. d. all of the above e. none of the above
The maximum a. not limited for employees 16 years of age and over.
The maximum number of hours that an employee can work in a workweek under the Fair Labor Standards Act is: a. not limited for employees 16 years of age and over. b. limited to forty hours per week for employees under 16 years of age while school is in session. c. not limited for employees 16 years and over, but it must equal no more than 40 hours a week when averaged across any two work weeks. d. limited to 50 hours per week for employees who are non-exempt, but there is no limit for exempt managers and professionals. e. none of the above
To be a. the employee must be involuntarily unemployed.
To be eligible for unemployment insurance: a. the employee must be involuntarily unemployed. b. the employee must be willing to perform any work that is offered. c. the employee must be available to work within 90 days of becoming unemployed. d. all of the above e. none of the above
To qualify a. at least 1250 hours during the previous 12 months
To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked: a. at least 1250 hours during the previous 12 months b. at least 625 hours during the previous 6 months c. at least 2080 hours during the previous 12 months d. at least 1040 hours during the previous 6 months
Under e. none of the above
Under Title VII, the concept of "religion" is limited to: a. membership in or affiliation with an established church or denomination b. beliefs or practices that a church or denomination requires of its members c. beliefs or practices centering on the worship of a God or other deity d. all of the above e. none of the above
Under d. played no role in their employment practices.
Under the 1991 Civil Rights Act, employers must show that an individual's race, color, religion, sex, or national origin a. was not the deciding factor in the employment decision. b. did not limit that individual's employment options. c. caused no financial hardship to the individual. d. played no role in their employment practices.
Under a. clearly identify the essential functions of jobs
Under the ADA, it is important that job descriptions: a. clearly identify the essential functions of jobs b. clearly specify how job tasks are to be carried out c. list reasonable accommodations that are available to an employee in this job d. all of the above e. none of the above
Under b. cannot consider any difficulties performing non-essential job functions.
Under the ADA, performance appraisals for disabled persons: a. cannot hold disabled persons to the same standards of performance as non-disabled persons. b. cannot consider any difficulties performing non-essential job functions. c. should assess job performance both with and without any reasonable accommodations. d. are not permitted because of the inherent disadvantage that certain disabled employees have when compared to non-disabled employees.
Under a. employees have a right to review all questions before the test begins.
Under the Employee Polygraph Protection Act: a. employees have a right to review all questions before the test begins. b. employees can be disciplined or discharged for refusal to submit to a polygraph. c. employees cannot terminate a polygraph exam once it has begun if they have voluntarily consented to the exam. d. all of the above e. none of the above
Under c. delay the start of leave for employees who fail to provide 30 days notice when the need for leave is foreseeable
Under the FMLA, employers have the right to: a. require that employees provide documentation of any serious health condition prior to being granted leave b. cancel the leave of "key employees" c. delay the start of leave for employees who fail to provide 30 days notice when the need for leave is foreseeable d. all of the above e. none of the above
Under a. notify an applicant that the employer plans to reject him/her based on information from a credit report
Under the Fair Credit Reporting Act, employers must do which of the following? a. notify an applicant that the employer plans to reject him/her based on information from a credit report b. obtain the consent of an applicant before conducting any background check c. verify that the information in a credit report reasonably appears to be accurate d. all of the above e. none of the above
Under b. is any fixed and reoccurring period of 7 consecutive days.
Under the Fair Labor Standards Act, a "workweek": a. is any fixed and reoccurring period of 5 consecutive days. b. is any fixed and reoccurring period of 7 consecutive days. c. is the same as a calendar week. d. includes all the days during a calendar week on which any work is performed.
Under c. Employers are prohibited from establishing uniform requirements for when pregnancy leave must begin or end.
Under the Pregnancy Discrimination Act (PDA): a. Employers are required to provide leave for childbirth and medical problems related to pregnancy. b. Employers are required to restore employees returning from pregnancy leave to their former jobs or equivalent positions. c. Employers are prohibited from establishing uniform requirements for when pregnancy leave must begin or end. d. All of the above e. None of the above
Under e. none of the above
Under the WARN Act: a. large employers are prohibited from closing plants or laying employees off for the purpose of defeating unionization. b. large employers must give their employees three months (90 days) advance notice of plant closings and mass layoffs. c. large employers must provide outplacement services to employees affected by plant closings and mass layoffs. d. all of the above e. none of the above
When a. workforce analysis
When individual job titles are listed for each department in order of pay level and demographic information is provided for each job, this is called a/an: a. workforce analysis b. organizational profile c. job group analysis d. organizational display
Which of c. It prohibits the use of polygraphs by private sector employers for any reason.
Which of the following is NOT true regarding the Employee Polygraph Protection Act? a. It applies to voice stress analyzers, mechanical and electronic truth determining devices as well as polygraphs. b. It only applies to private sector employers (not to governmental agencies). c. It prohibits the use of polygraphs by private sector employers for any reason. d. it does not apply to, or prohibit, pencil and paper honesty tests.
Which d. OSHA inspections are generally unannounced and the employer is required to allow the inspector access as long as the inspector shows proper credentials.
Which of the following is NOT true regarding the enforcement process under OSHA (the Act)? a. Inspectors do not issue citations to employers when they find violations. b. Copies of citations received must be posted in the workplace near the sites of the violations. c. Employers are not required to correct violations until after their appeals have been decided. d. OSHA inspections are generally unannounced and the employer is required to allow the inspector access as long as the inspector shows proper credentials.
Which a. birth of a child
Which of the following is a "qualifying event" under the FMLA? a. birth of a child b. death of a parent c. serious health condition of an employee's grandparent d. all of the above e. none of the above
Which c. The harassment was unwelcome.
Which of the following is a necessary element of a sexual harassment claim? a. The harasser intended to inflict emotional distress and embarrassment on the victim. b. The sex of the harasser differed from the sex of the victim. c. The harassment was unwelcome. d. The harasser made a sexual advance or requested a sexual favor. e. All of the above
Which c. If they appear to be genuine, employers are not required to investigate or verify the authenticity of documents presented or supplied by the employee.
Which of the following is a true statement regarding employer compliance with the Immigration Reform and Control Act? a. Employers must verify a person's eligibility to work in the United States before the new employee begins work. b. Employers are required to copy and retain copies of the documents used by the employee to prove eligibility to work in the United States. c. If they appear to be genuine, employers are not required to investigate or verify the authenticity of documents presented or supplied by the employee. d. Employees may present originals or certified copies of whatever documents they use to verify eligibility to work. e. All of the above
Which d. all of the above
Which of the following is generally required to establish just cause for a termination? a. due process b. proof that a known rule was violated c. consistent enforcement of the relevant rule or standard d. all of the above e. none of the above
Which b. the right to fair pay and benefits
Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act ("Section 7 rights")? a. the right to self-organization b. the right to fair pay and benefits c. the right to strike d. the right to assist labor unions
Which b. Exclusionary periods must be reduced by any periods of prior coverage under a group health plan, as long as the break in coverage was no more than 63 days.
Which of the following is one of HIPAA's requirements regarding pre-existing condition exclusions in group health plans? a. Exclusionary periods can last no longer than 6 months. b. Exclusionary periods must be reduced by any periods of prior coverage under a group health plan, as long as the break in coverage was no more than 63 days. c. Certificates of creditable coverage are used to document that employees have pre-existing conditions to which exclusionary periods would apply. d. Prior coverage under a group health plan does not include any period of continuation coverage under COBRA. e. None of the above
Which c. National Labor Relations Board (NLRB)
Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act? a. Federal Mediation and Conciliation Service (FMCS) b. Federal Labor Relations Authority (FLRA) c. National Labor Relations Board (NLRB) d. National Mediation Board (NMB) e. National Collective Bargaining Commission (NCBC)
Which c. Injuries that result in death or the hospitalization of three or more employees must be reported to OSHA within 8 hours of their occurrence.
Which of the following is true of OSHA reporting and recording requirements? a. Employers with fewer than 50 employees are generally exempt from recording injuries and illnesses. b. All injuries or illnesses must be reported to OSHA within 6 days of their occurrence. c. Injuries that result in death or the hospitalization of three or more employees must be reported to OSHA within 8 hours of their occurrence. d. All of the above e. None of the above
Which c. They are adopted only after a lengthy process of public hearings and documentation.
Which of the following is true of OSHA's permanent standards? a. They must be followed without exception. b. They apply to firms in all industries. c. They are adopted only after a lengthy process of public hearings and documentation. d. All of the above e. None of the above
Which b. Harassment is legally actionable because it is a form of discrimination.
Which of the following is true of harassment? a. Almost all harassment cases involve sexual harassment. b. Harassment is legally actionable because it is a form of discrimination. c. Harassment claims are rarely brought by men. d. a and b e. all of the above
Which b. Experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer.
Which of the following is true of workers' compensation? a. Employees are compensated for workplace injuries and illnesses as long as the employer's negligence played a part. b. Experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer. c. Because employees are hurt through no fault of their own, workers' compensation is designed to replace all of the income lost due to inability to work. d. Employers can always avoid paying workers' compensation if it can be shown that the employee's own careless actions contributed to the injury. e. None of the above
Which of the following b. Medical exams conducted following conditional offers of employment are unrestricted in scope.
Which of the following is true regarding medical exams under the ADA? a. All medical exams must be voluntary. b. Medical exams conducted following conditional offers of employment are unrestricted in scope. c. Only if an employee's condition makes him a direct threat to himself or others can he be denied an employment opportunity based on a medical exam. d. People who are disabled or look disabled may be singled out to receive medical exams based on their condition. e. None of the above
Which e. None of the above
Which of the following is true regarding overtime pay under the Fair Labor Standards Act? a. Employees who work more than 8 hours in a work day must be compensated with overtime pay. b. Employees are entitled to twice their regular rate of pay for overtime hours. c. Private sector employers can pay for overtime required under the FLSA with compensatory time off in the future, whereas government agencies may not do so. d. All of the above e. None of the above
Which d. a and c
Which of the following should be included in an employer's policy prohibiting harassment? a. assurance that employees reporting harassment will be protected from retaliation b. assurance of strict confidentiality in handling harassment complaints c. a clear and accessible procedure for reporting harassment d. a and c e. all of the above
Which d. Drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge.
Which of the following statements is most correct about the legality of drug testing? a. Drug testing will usually be upheld, provided that the employer had reasonable grounds for suspecting that the individual employee was under the influence of drugs. b. Drug testing will usually not be upheld if it is legally challenged. c. Drug testing will be upheld for private sector employees, but not for public employees. d. Drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge.
Which a. providing a part-time or modified work schedule
Which of the following would usually be considered a reasonable accommodation of disability? a. providing a part-time or modified work schedule b. relaxing a production c. relaxing a performance standard d. transferring essential job functions to others
Which of the following is generally true regarding the process of enforcing employment laws? a. Courts and government agencies act only after employees come forward with complaints about violations of the law. b. Employees are very likely to seize the opportunity to sue their employers, because all of the cost of employment litigation is borne by the employer. c. Once a claim is brought, a company's attorneys deal with it, and managers have little involvement in the case. d. All of the above e. None of the above
a. Courts and government agencies act only after employees come forward with complaints about violations of the law
Which of the following statements is true of arbitration? a. Historically, arbitration has been used to resolve disputes over contractual rights. b. Arbitrators' decisions are usually advisory and not considered final. c. Arbitrators have less control over the outcomes of disputes than do mediators. d. Arbitration is usually more costly and time-consuming than litigation. e. None of these
a. Historically, arbitration has been used to resolve disputes over contractual rights.
Which of the following is a protected class characteristic? a. religion b. height c. intelligence d. management status e. all of the above
a. religion
Which of the following is true? Title VII of the Civil Rights Act: a. protects employees against discrimination based on race, sex, national origin, and disability b. applies to employers that have 15 or more employees c. protects employees against discrimination based on sexual orientation d. protects employees against discrimination based on height, weight and physical appearance e. all of the above
b. applies to employers that have 15 or more employees
Which of the following is true regarding enforcement of employee rights and enforcement of employment laws? a. Finding a lawyer willing to take an employment law case is difficult because lawyers accept only about 50% of employment discrimination cases brought to them. b. If an employer has a complaint or grievance procedure, the employee is required to exhaust the remedies afforded under the internal procedure before taking the case to an enforcement agency or court. c. The EEOC encourages the parties to discrimination cases to use mediation. d. The EEOC encourages the parties to discrimination cases to use arbitration.
c. The EEOC encourages the parties to discrimination cases to use mediation.
Negligent hiring: a. makes employers liable for harm that occurs when employees act within the scope of their employment b. makes employers liable for any harm that is caused by their employees c. makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment d. all of the above e. none of the above
c. makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment
Regarding the interrelationship of federal and state employment laws: a. state laws must be identical to federal law or the state law is void b. states may pass laws which reduce employee rights, but may not enact laws that expand employee protections granted in federal laws c. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws d. employment law is exclusively a federal domain, so states may not enact laws when federal law already exists
c. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws
Distinguishing between employees and independent contractors is important because: a. income tax must be withheld for employees, but not independent contractors b. employers have fewer legal obligations to independent contractors c. employers can defend their actions under employment laws by proving that people performing work are independent contractors d. all of the above e. none of the above
d. all of the above
In order to determine which employment laws apply to a certain employer, the employer should consider which of the following factors? a. the number of employees that work for the company b. whether the employer sells goods or services to the federal government c. the state(s) in which the employer operates d. all of the above e. none of the above
d. all of the above
Under the "payroll method" approved by the U.S. Supreme Court: a. employers whose payrolls exceed $500,000 annually are covered by Title VII b. employers are covered by Title VII if they had at least 20 employees on the payroll at the time of the alleged discrimination c. employers are covered by Title VII if they had at least 15 employees working and being paid for each working day during at least 20 weeks in the same or the preceding year d. employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked. e. none of the above
d. employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked.
If a worker is an employee, the employer must: a. withhold income taxes b. pay the employer's share of Social Security and Medicare taxes c. pay the employee's share of Social Security and Medicare taxes d. all of these e. a and b only
e. a and b only
Under U.S. employment laws, employees have the right to: a. not be fired, as long as they do a good job and the employer's financial condition does not require that employment levels be cut b. be treated fairly in all aspects of the workplace, including receiving fair compensation c. have health insurance and other basic benefits, provided that they are full-time employees d. all of the above e. none of the above
e. none of the above
