D352 Employment and Labor Law - Set 5 - Part 1

Correct Answer: Consolidated Omnibus Budget Reconciliation Act (COBRA)

COBRA allows employees to continue their employer-sponsored health insurance for a limited period after employment ends, typically at their own expense.

Correct Answer: An employer intentionally refuses to promote a woman because of her gender

Disparate treatment occurs when an employee is treated differently or less favorably because of a protected characteristic, such as gender.

Correct Answer: Immigration Reform and Control Act (IRCA)

The IRCA requires employers to verify the work authorization of employees by completing a Form I-9 and checking acceptable documents.

Correct Answer: An employee is regularly subjected to unwanted comments about their ethnicity

A hostile work environment is created when unwelcome and discriminatory conduct becomes pervasive and affects an employee’s ability to work.

Correct Answer: Americans with Disabilities Act (ADA)

The ADA prohibits employers from discriminating against qualified individuals with disabilities and requires reasonable accommodations unless it causes undue hardship.

Correct Answer: A minority candidate is hired over a more qualified majority candidate to meet diversity goals

Reverse discrimination occurs when majority group members (e.g., Caucasians) are discriminated against due to affirmative action or diversity initiatives that favor minorities.

Correct Answer: Employers cannot make employment decisions based on age for employees over 40

The ADEA prohibits employment discrimination against individuals who are 40 years of age or older, including hiring, promotions, and terminations based on age.

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

Quid pro quo harassment occurs when a manager or supervisor offers job benefits in exchange for sexual favors or threatens negative consequences if the favors are not provided.

Correct Answer: Requires employers to provide up to 12 weeks of unpaid, job-protected leave

The FMLA allows eligible employees to take up to 12 weeks of unpaid leave for family or medical reasons while ensuring job protection.

Correct Answer: Requesting genetic testing as part of a hiring process

GINA prohibits employers from requesting, requiring, or using genetic information (including family medical history) in employment decisions.

Correct Answer: Occupational Safety and Health Act (OSHA)

OSHA protects employees who report safety hazards or violations in the workplace and prohibits retaliation against them for making such reports.

Correct Answer: Refusing to hire a woman with small children

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

Correct Answer: Americans with Disabilities Act (ADA)

The ADA requires employers to provide reasonable accommodations to qualified employees with disabilities, provided it does not cause undue hardship to the business.

Correct Answer: Negligent retention

Negligent retention occurs when an employer fails to take action to address known misconduct, including discrimination or harassment, allowing the behavior to continue.

Correct Answer: Equal Pay Act (EPA)

The EPA mandates that men and women performing substantially similar work under similar conditions must receive equal pay.

Correct Answer: To protect the rights of employees to unionize and engage in collective bargaining

The NLRA protects employees' rights to form unions, engage in collective bargaining, and take collective action, such as striking, for better working conditions.

Correct Answer: Demoting an employee after they file a discrimination complaint

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

Correct Answer: Omnibus Transportation Employee Testing Act

The Omnibus Transportation Employee Testing Act regulates drug and alcohol testing for employees in safety-sensitive industries, such as trucking, airlines, and railroads, to ensure public safety.

Correct Answer: Providing 60 days' notice before a plant closing or mass layoff

The WARN Act requires employers with 100 or more employees to provide at least 60 days' notice before a mass layoff or plant closure.

Correct Answer: Offering bonuses to non-union employees only

Offering bonuses to non-union employees to discourage union membership is considered an unfair labor practice under the NLRA, which protects employees' rights to organize.