D352 Employment and Labor Law - Set 4 - Part 1

Correct Answer: Failing to notify an applicant when their credit report is used for employment purposes

The FCRA requires employers to notify applicants if their credit report will be used in the hiring process and to obtain their consent before accessing the report.

Correct Answer: Reasonable factor other than age (RFOA)

An employer can defend against an age discrimination claim by showing that the decision was based on a reasonable factor other than age, such as experience or job performance.

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

USERRA ensures that employees who take leave for military service are reemployed in the same or a similar position upon their return.

Correct Answer: Reducing an employee’s hours after they file a discrimination complaint

Retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities, such as filing a complaint.

Correct Answer: Fair Labor Standards Act (FLSA)

The FLSA governs wage and hour laws, including minimum wage, overtime pay, and the right of employees to recover unpaid wages through legal action.

Correct Answer: Using an employee’s family medical history to make a hiring decision

GINA prohibits employers from using genetic information, including family medical history, to make employment decisions, such as hiring, firing, or promotions.

Correct Answer: Equal Pay Act (EPA)

The Equal Pay Act requires that men and women be paid the same wages for performing substantially similar work under similar conditions.

Correct Answer: Refusing to hire someone based on their citizenship status

IRCA prohibits discrimination based on citizenship status or national origin and requires employers to verify work authorization through the I-9 process.

Correct Answer: An employee is subjected to repeated unwanted comments about their race

A hostile work environment occurs when an employee is subjected to severe or pervasive unwelcome conduct based on a protected class, such as race, that creates an abusive working environment.

Correct Answer: Consolidated Omnibus Budget Reconciliation Act (COBRA)

COBRA allows employees to continue their employer-sponsored health insurance for a limited time after losing their job, typically at their own expense.

Correct Answer: Allowing an employee with a disability to work from home

Under the ADA, employers must provide reasonable accommodations, such as remote work, to qualified employees with disabilities, unless it would cause undue hardship.

Correct Answer: A supervisor offers a raise 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 adverse consequences if the favors are not provided.

Correct Answer: Health Insurance Portability and Accountability Act (HIPAA)

HIPAA regulates how employers and healthcare providers collect, process, retain, and protect personal health information to ensure confidentiality and privacy.

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

Constructive discharge occurs when an employer creates working conditions so intolerable that a reasonable person would feel compelled to resign.

Correct Answer: Family and Medical Leave Act (FMLA)

The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave for family or medical reasons, such as childbirth or caring for a seriously ill family member.

Correct Answer: Refusing to hire a woman because she has small children

Gender-plus discrimination occurs when an employer discriminates against employees based on gender plus another characteristic, such as family responsibilities.

Correct Answer: To prohibit employers from offering unequal benefits based on age

The OWBPA prohibits employers from denying or reducing benefits for older employees and ensures that employees over 40 are not unfairly treated in terms of benefits.

Correct Answer: Right-to-Work Laws

Right-to-Work laws, enacted by individual states, give employees the option to not join a union as a condition of employment, even if their workplace is unionized.

Correct Answer: Discrimination based on race or gender

Illegal bargaining subjects include discriminatory practices or policies, such as those based on race or gender, which cannot be included in collective bargaining agreements.

Correct Answer: Requiring a pregnant employee to take time off

Under the PDA, employers cannot force pregnant employees to take time off or treat them differently from other employees with temporary disabilities.