D352 Employment and Labor Law - Set 2 - Part 1

Correct Answer: An employee requiring time to care for a sick child with a serious health condition

FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave for family or medical reasons, such as caring for a child with a serious health condition.

Correct Answer: Rehabilitation Act of 1973

The Rehabilitation Act requires federal contractors to take affirmative action to employ and advance individuals with disabilities.

Correct Answer: Title VII of the Civil Rights Act of 1964

Title VII prohibits employers from enforcing English-only rules in the workplace unless it is a business necessity, such as ensuring safety or effective communication.

Correct Answer: Recruiting from colleges with high minority enrollment

Recruiting from colleges with high minority enrollment is a lawful affirmative action practice that ensures a diverse candidate pool without discriminating against non-minority individuals.

Correct Answer: Americans with Disabilities Act

The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would impose undue hardship on the employer.

Correct Answer: Age Discrimination in Employment Act

The ADEA protects employees aged 40 and older from discrimination in hiring, promotions, compensation, and other employment terms.

Correct Answer: Worker Adjustment and Retraining Notification Act

The WARN Act requires employers to provide 60 days' notice in the event of a mass layoff or plant closure affecting a large number of employees.

Correct Answer: Americans with Disabilities Act

The ADA allows employers to deny accommodations if providing them would impose significant difficulty or expense, which is defined as "undue hardship."

Correct Answer: Discriminating against workers based on citizenship status

IRCA prohibits employers from discriminating based on citizenship or immigration status in hiring, firing, or recruitment.

Correct Answer: The employer is liable for the actions of employees conducted within the scope of employment

Respondeat superior is a legal doctrine holding employers liable for the actions of their employees performed during the course of their employment.

Correct Answer: Repeated, unwelcome offensive remarks about an employee's gender

A hostile work environment occurs when unwelcome conduct, such as offensive remarks, creates an intimidating or abusive working atmosphere.

Correct Answer: Employee Polygraph Protection Act

The EPPA prohibits most private employers from requiring employees to take polygraph tests as part of the hiring process or during employment.

Correct Answer: Paying non-exempt employees less than the federal minimum wage

The FLSA establishes a federal minimum wage, and paying non-exempt employees below this rate violates the law.

Correct Answer: A full-time administrative employee earning $60,000 per year

Administrative employees earning more than a certain salary threshold are generally exempt from overtime pay under the FLSA.

Correct Answer: To ensure that employers provide a safe workplace free from recognized hazards

OSHA is designed to ensure that employers provide a safe working environment, protecting employees from workplace hazards that could cause harm.

Correct Answer: The employee engaged in protected activity, such as filing a complaint

To establish a prima facie case of retaliation, the employee must show that they engaged in protected activity and suffered adverse action as a result.

Correct Answer: Immigration Reform and Control Act (IRCA)

IRCA requires employers to verify the identity and work eligibility of all new hires, typically through the I-9 form.

Correct Answer: Refusing to hire men who have young children but hiring women with young children

Gender-plus discrimination occurs when an employer discriminates based on gender plus an additional factor, such as family responsibilities. Refusing to hire men with young children but hiring women with young children would be an example of this.

Correct Answer: Slander

Slander refers to the spoken communication of false information that harms a person’s reputation, as opposed to libel, which involves written defamation.

Correct Answer: Dyslexia

Dyslexia is considered a disability under the ADA because it substantially limits a major life activity (learning). Temporary illnesses and conditions that pose a direct threat are not covered.