D352 Employment and Labor Law - Set 5 - Part 2

Correct Answer: To allow employees to continue health insurance coverage after job loss

COBRA allows employees and their families to continue employer-sponsored health insurance for a limited time after a job loss or other qualifying events, usually at their own expense.

Correct Answer: Refusing to promote an employee solely because they are over 50 years old

The ADEA prohibits discrimination against employees over the age of 40, including refusing promotions based solely on age.

Correct Answer: Business necessity

Business necessity is a legal defense to a disparate impact claim, where the employer can show that the challenged employment practice is related to job performance and is necessary for business operations.

Correct Answer: Title VII of the Civil Rights Act

Under Title VII, employers must make reasonable accommodations for employees' religious beliefs and practices unless doing so would cause undue hardship to the business.

Correct Answer: An employee quits after being subjected to intolerable working conditions

Constructive discharge occurs when an employee resigns because the employer creates intolerable working conditions that any reasonable person would find unbearable.

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

The ADA prohibits employers from discriminating against qualified individuals with disabilities and requires that they be given equal opportunities in employment.

Correct Answer: National origin

Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. Recent interpretations have extended protections to sexual orientation and gender identity under the "sex" category.

Correct Answer: Requiring a pregnant employee to take time off despite their ability to work

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

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

The IRCA prohibits discrimination based on citizenship status or national origin and requires employers to verify work eligibility for all new hires.

Correct Answer: Paying a male employee more than a female employee for performing substantially similar work

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

Correct Answer: Mandating overtime pay for non-exempt employees working over 40 hours per week

The FLSA establishes minimum wage, overtime pay, and other labor standards, including requiring overtime pay for non-exempt employees who work more than 40 hours in a workweek.

Correct Answer: Firing an employee after they report workplace discrimination

Retaliatory discharge occurs when an employee is terminated for engaging in protected activities, such as reporting discrimination or participating in a workplace investigation.

Correct Answer: Immigration Reform and Control Act (IRCA)

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

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: Requiring mandatory retirement for employees over the age of 60

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

Correct Answer: Terminating an employee after they report sexual harassment

Retaliation occurs when an employer takes adverse action, such as termination, against an employee for engaging in protected activities, such as reporting harassment or discrimination.

Correct Answer: Business necessity

Business necessity is a defense to a disparate impact claim when an employer can demonstrate that a challenged employment practice is job-related and essential to the business.

Correct Answer: To provide job-protected unpaid leave for family or medical reasons

The FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for family or medical reasons, such as the birth of a child or a serious health condition.

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

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

Correct Answer: A coworker regularly makes offensive jokes about an employee's national origin

A hostile work environment exists when discriminatory conduct, such as offensive jokes or comments, is severe or pervasive enough to interfere with an employees ability to work.