C233 Employment Law Practice Questions - Set 1 - Part 3

Correct Answer: The Equal Pay Act of 1963

The Equal Pay Act of 1963, an amendment to the Fair Labor Standards Act, prohibits sex-based wage discrimination between men and women who perform jobs requiring substantially equal skill, effort, and responsibility under similar working conditions.

Correct Answer: Bona fide occupational qualification (BFOQ)

A bona fide occupational qualification (BFOQ) permits an employer to discriminate on the basis of religion, sex, or national origin—but never race or color—when that characteristic is reasonably necessary to the normal operation of a particular business.

Correct Answer: The Genetic Information Nondiscrimination Act (GINA)

The Genetic Information Nondiscrimination Act (GINA) of 2008 prohibits employers from using genetic information in employment decisions and restricts the acquisition and disclosure of such information.

Correct Answer: Constructive discharge

Constructive discharge occurs when an employer makes working conditions so intolerable that a reasonable person would feel forced to resign. The resignation is treated legally as if the employer had terminated the employee.

Correct Answer: Quid pro quo harassment

Quid pro quo harassment occurs when employment benefits or decisions—such as promotions, raises, or continued employment—are conditioned on an employee's submission to unwelcome sexual conduct.

Correct Answer: The public policy exception

The public policy exception prohibits terminating an employee for reasons that violate a clear mandate of public policy, such as refusing to break the law, filing a workers' compensation claim, or serving on a jury.

Correct Answer: Negligent hiring

Negligent hiring holds an employer liable when it fails to exercise reasonable care in screening an employee whose unfitness causes foreseeable harm to others in the workplace.

Correct Answer: The Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Act of 1970 requires employers to furnish a workplace free from recognized hazards and to comply with occupational safety and health standards issued under the Act.

Correct Answer: Weingarten rights

Weingarten rights, established by the Supreme Court in NLRB v. Weingarten, entitle a unionized employee to union representation during an investigatory interview that the employee reasonably believes may result in disciplinary action.

Correct Answer: Requiring union membership or the payment of union dues as a condition of employment

Right-to-work laws prohibit agreements that require employees to join a union or pay union dues as a condition of employment, allowing workers to opt out of union membership and financial support.