D352 Employment and Labor Law - Set 4 - Part 2

Correct Answer: A company locks out employees without any labor dispute

Lockouts are only legal during a legitimate labor dispute. If an employer locks out employees without cause or a labor issue, it would be considered illegal.

Correct Answer: Title VII of the Civil Rights Act

Title VII protects employees from retaliation if they file a discrimination complaint or participate in an investigation by the EEOC.

Correct Answer: Neutrality agreement

A neutrality agreement is a contract between an employer and a union where the employer agrees not to interfere with union organizing efforts, and the union agrees to refrain from strikes or other actions during negotiations.

Correct Answer: Dyslexia

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

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

The IRCA prohibits employers from discriminating against employees or applicants based on citizenship status and requires the verification of work eligibility for all new hires.

Correct Answer: Consolidated Omnibus Budget Reconciliation Act (COBRA)

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

Correct Answer: Demoting an employee for filing a discrimination complaint

Retaliation occurs when an employer takes adverse actions, such as demotions or terminations, against employees for engaging in legally protected activities.

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: Occupational Safety and Health Act (OSHA)

OSHA protects employees who report unsafe working conditions or violations of workplace safety standards from employer retaliation.

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 the same wages for performing substantially similar work under similar conditions.

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

The public policy exception protects employees from being terminated for refusing to engage in illegal activities, such as fraud or other unlawful conduct.

Correct Answer: Family and Medical Leave Act (FMLA)

The FMLA entitles eligible employees to take up to 12 weeks of unpaid leave to care for a family member with a serious health condition.

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

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

Correct Answer: Genetic Information Nondiscrimination Act (GINA)

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

Correct Answer: Assumption of risk

The assumption of risk occurs when an employee is aware of the potential dangers or hazards of their job and voluntarily accepts them as part of their employment.

Correct Answer: Paying a non-exempt employee less than minimum wage

The FLSA establishes a federal minimum wage, and paying non-exempt employees less than that wage is a violation of the law.

Correct Answer: An employer failing to provide personal protective equipment to employees working in hazardous conditions

OSHA requires employers to provide a safe working environment, which includes providing necessary personal protective equipment (PPE) to employees in hazardous conditions.

Correct Answer: Equal Pay Act (EPA)

The Equal Pay Act requires that men and women performing substantially the same work under similar conditions must receive equal pay.

Correct Answer: To protect retirement benefits for employees

ERISA sets standards to protect the retirement and health benefits of employees, ensuring that their pension plans and other benefits are managed properly.

Correct Answer: Hiring only minority candidates to fill a specific position

Reverse discrimination occurs when affirmative action or diversity efforts result in favoring minority candidates at the expense of majority candidates, leading to claims of discrimination.