D352 Employment and Labor Law - Set 2 - Part 2

Correct Answer: An employee is demoted after filing a discrimination complaint

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

Correct Answer: Equal Employment Opportunity Commission

The EEOC enforces federal laws prohibiting discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information.

Correct Answer: Occupational Safety and Health Act

OSHA protects employees who report unsafe working conditions, and it prohibits retaliation against employees who file complaints with the agency.

Correct Answer: To promote equal employment opportunities for underrepresented groups

Affirmative action programs are designed to promote fair access to employment opportunities and address past discrimination faced by minority groups.

Correct Answer: When the disability poses a direct threat to the health or safety of others

The ADA allows employers to refuse to hire individuals whose disabilities pose a direct threat to the health or safety of others, as long as the threat cannot be eliminated with a reasonable accommodation.

Correct Answer: Consolidated Omnibus Budget Reconciliation Act (COBRA)

COBRA allows employees to continue their healthcare coverage after they have been terminated, typically for up to 18 months, at their own expense.

Correct Answer: Hiring a less qualified minority candidate over a more qualified non-minority candidate

Reverse discrimination occurs when an employer favors a minority candidate to the disadvantage of a majority candidate based solely on race or gender, even when the minority candidate is less qualified.

Correct Answer: Privacy Act

The Privacy Act governs the release of private information about federal employees to federal agencies, ensuring that personal data is protected.

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

Title VII prohibits employment discrimination based on national origin, race, religion, color, and sex.

Correct Answer: To protect the benefits of employees over the age of 40

The OWBPA ensures that employers do not discriminate against older employees in their benefits packages, protecting employees over 40 from unfair treatment.

Correct Answer: Race quotas

Race quotas are illegal bargaining subjects under labor law because they involve discrimination and are not permissible topics for collective bargaining.

Correct Answer: Fair Credit Reporting Act (FCRA)

The FCRA regulates how consumer reporting agencies collect, correct, and disseminate information about individuals for purposes like employment and credit evaluation.

Correct Answer: Verifying employees' eligibility to work in the U.S.

IRCA requires employers to verify the identity and work authorization of all new hires by completing the I-9 form.

Correct Answer: Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA)

VEVRAA requires federal contractors to take affirmative action to hire and promote veterans of the Vietnam era.

Correct Answer: Paying men and women different wages for performing substantially equal work

The Equal Pay Act prohibits employers from paying men and women differently when they perform jobs requiring equal skill, effort, and responsibility under similar working conditions.

Correct Answer: Respondeat superior

Respondeat superior is a legal doctrine that holds employers liable for the actions of their employees if those actions occur within the scope of employment.

Correct Answer: To protect workers' rights to form unions, collectively bargain, and strike

The NLRA protects employees' rights to engage in union activities, including organizing, collective bargaining, and striking for better working conditions.

Correct Answer: An employer fails to inform a candidate that their credit report will be used in the hiring decision

Under the FCRA, employers must inform candidates if they plan to use credit reports as part of the hiring process and must obtain written consent from the candidate.

Correct Answer: Refusing to hire a qualified candidate because they have a disability

The ADA prohibits employers from refusing to hire or otherwise discriminating against qualified individuals based on their disabilities.

Correct Answer: Hiring only men for management positions while equally qualified women are overlooked

Disparate treatment occurs when an employer treats individuals differently based on a protected characteristic such as gender, race, or age, rather than on qualifications or performance.