D352 Employment and Labor Law - Set 3 - Part 1

Correct Answer: National Labor Relations Act (NLRA)

The NLRA prohibits employers from making employees sign "yellow dog contracts," which are agreements to not join or support a union.

Correct Answer: A software engineer earning $85,000 annually

Employees in certain professional roles, like software engineers, who earn above the salary threshold, are typically exempt from overtime pay under the FLSA.

Correct Answer: To allow employees to continue their health insurance after termination

COBRA allows employees to extend their health insurance coverage after they leave their job, for a limited time, at their own cost.

Correct Answer: Associational discrimination

Associational discrimination occurs when an employer discriminates against someone because of their association with individuals of a particular race, ethnicity, or other protected class.

Correct Answer: Terminating an employee for excessive absences due to pregnancy complications

The Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth, or related medical conditions, and this includes termination due to pregnancy-related absences.

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

Title VII prohibits employment practices that have a disparate impact on employees based on race, color, religion, sex, or national origin, even if the practice was not intentionally discriminatory.

Correct Answer: Age Discrimination in Employment Act (ADEA)

The ADEA, along with the Older Workers Benefit Protection Act (OWBPA), governs the legality of waivers signed by employees over the age of 40, ensuring that the waiver is knowing and voluntary.

Correct Answer: Mandatory union membership based on race

The NLRA prohibits illegal bargaining subjects, such as those related to discriminatory practices, including mandatory union membership based on race.

Correct Answer: Refusing to hire a woman because she has small children, while hiring men with small children

Disparate treatment involves intentional discrimination based on a protected class, such as gender, where similarly situated individuals are treated differently.

Correct Answer: Retaliation

Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity, such as reporting unsafe working conditions to OSHA.

Correct Answer: Providing assistive technology to help an employee perform essential job functions

The ADA requires employers to provide reasonable accommodations, such as assistive technology, to help employees with disabilities perform essential job functions, unless doing so would cause undue hardship.

Correct Answer: Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA guarantees veterans the right to return to their jobs after military service, ensuring they are re-employed in the same position they would have held if they had not been absent.

Correct Answer: Refusing to promote an employee because they are over 50 years old

The ADEA prohibits employers from discriminating against individuals over the age of 40 in hiring, promotion, and other employment decisions based on age.

Correct Answer: Omnibus Transportation Employee Testing Act

The Omnibus Transportation Employee Testing Act mandates drug and alcohol testing for employees in the airline, railroad, trucking, and other transportation industries to ensure public safety.

Correct Answer: Americans with Disabilities Act (ADA)

The ADA prohibits employers from asking about a job applicant’s disability before making a conditional job offer, to prevent discrimination during the hiring process.

Correct Answer: A supervisor offers a promotion in exchange for sexual favors

Quid pro quo harassment occurs when an employer or supervisor offers job benefits in exchange for sexual favors or threatens job consequences if such favors are not given.

Correct Answer: Occupational Safety and Health Act (OSHA)

OSHA requires employers to provide a safe working environment by eliminating or controlling recognized hazards that could cause serious injury or harm to employees.

Correct Answer: Paying a male employee more than a female employee for substantially similar work

The Equal Pay Act requires that men and women be paid equally for performing substantially similar work under similar working conditions, with few exceptions.

Correct Answer: Employers must verify the work eligibility of all employees

Under IRCA, employers are required to verify that all employees are eligible to work in the United States by completing and retaining the I-9 form.

Correct Answer: An employee resigns due to intolerable working conditions created by the employer

Constructive discharge occurs when an employee resigns because working conditions are so intolerable that a reasonable person would feel compelled to quit.