D352 Employment and Labor Law - Set 3 - Part 2

Correct Answer: Implementing a physical fitness test that unintentionally excludes a disproportionate number of female applicants

Disparate impact discrimination occurs when a seemingly neutral employment policy or practice disproportionately affects members of a protected class, such as gender.

Correct Answer: To provide workers with advance notice of plant closings and mass layoffs

The WARN Act requires employers to provide 60 days' notice in advance of plant closings or mass layoffs, giving workers time to seek new employment or retraining.

Correct Answer: Refusing to hire a qualified applicant with a disability because of their condition

The ADA prohibits employers from discriminating against qualified individuals with disabilities and requires reasonable accommodations to be provided unless it would cause undue hardship.

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

Title VII prohibits employers from discriminating against employees or applicants based on religion and requires reasonable accommodations for religious practices, unless it causes undue hardship.

Correct Answer: Disparate treatment is intentional, while disparate impact is unintentional

Disparate treatment involves intentional discrimination against an individual, while disparate impact occurs when a neutral policy disproportionately affects a protected group, even if unintentional.

Correct Answer: National Labor Relations Act (NLRA)

The NLRA protects employees' rights to engage in union activities, including collective bargaining and strikes, and prohibits employers from retaliating against employees for these activities.

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

Title VII requires employers to provide reasonable accommodations for employees religious beliefs, unless doing so would impose an undue hardship on the business.

Correct Answer: Constructive discharge

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

Correct Answer: Refusing to hire women with young children, while hiring men with young children

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

Correct Answer: Public Policy Exception to Employment-at-Will

The public policy exception to the employment-at-will doctrine protects employees from being fired for refusing to engage in illegal activities, such as committing fraud or breaking the law.

Correct Answer: Family and Medical Leave Act (FMLA)

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

Correct Answer: To enforce federal laws that prohibit employment discrimination

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

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

Title VII prohibits employers from discriminating against employees or applicants based on national origin, in addition to race, color, religion, and sex.

Correct Answer: A company implements a height requirement for a job, which disproportionately excludes female applicants

Disparate impact occurs when a seemingly neutral employment policy disproportionately affects a protected class, such as women, without being job-related.

Correct Answer: A salaried executive earning $120,000 annually

Executives, administrative, and professional employees who earn above a certain salary threshold are exempt from overtime pay under the FLSA.

Correct Answer: Refusing to reinstate an employee after they return from FMLA leave

Under FMLA, eligible employees are entitled to be reinstated to their original job or an equivalent position upon returning from leave.

Correct Answer: Requiring mandatory retirement for workers over age 60

The ADEA prohibits mandatory retirement for most employees based on age, with some exceptions for high-level executives.

Correct Answer: Dyslexia

Dyslexia is considered a disability under the ADA because it substantially limits major life activities such as reading and learning.

Correct Answer: Occupational Safety and Health Act (OSHA)

OSHA prohibits employers from retaliating against employees who report unsafe working conditions or other violations of workplace safety regulations.

Correct Answer: To provide protections for whistleblowers in publicly traded companies

The Sarbanes-Oxley Act provides whistleblower protections for employees of publicly traded companies who report fraud or other illegal activities.