Employment Law: Title VII, Sarbanes-Oxley, Whistleblower, Discrimination, Exams of Labor and Social Security Law

Download Employment Law: Title VII, Sarbanes-Oxley, Whistleblower, Discrimination and more Exams Labor and Social Security Law in PDF only on Docsity! D352 - Employment and Labor Law Exam Questions with Verified Answers-Graded A+ A federal contracting company has failed a recent safety inspection. Repairs will be made in 60 days, when additional funds are available. An employee feels morally obligated to report the situation to the Occupational Safety and Health Administration (OSHA) but is afraid of potential consequences. Which provision of Title VII will protect this employee? Section 1 - Correct answer Retaliation The Whistleblower Act provides protection for employees who report safety hazards in the workplace. Section 1 - Correct answer True What is the purpose of the Sarbanes-Oxley Act? Section 1 - Correct answer to impose civil and criminal penalties against employers who take actions against whistleblowers According to the Model Employment Termination Act (META), every dismissal must show good cause in order to protect employees from wrongful discharges. Section 1 - Correct answer True What are two justifications for at-will employment? Choose 2 answers. Section 1 - Correct answer free enterprise; freedom of contract An employee is terminated for reporting a supervisor's wrongdoing. Which employment-at-will exception does this situation exemplify? Section 1 - Correct answer Public Policy Exception Courts often refuse to take on negligent infliction of emotional stress cases. Section 1 - Correct answer True Which claim is appropriate for a plaintiff who alleges a third party was responsible for an employee's termination? P a g e 1 | 14 Section 1 - Correct answer Tortious interference with contract What action by an employee are protected by qualified privilege? Section 1 - Correct answer sending comments about an employee's performance through company email What action can employers take during the hiring process to avoid negligent hiring claims? Check references and... Section 1 - Correct answer Conduct background checks What are 2 torts of common-law privacy? Disclosing private facts about an individual and... Section 1 - Correct answer misrepresenting an individual to the public HIPAA prevents employers from using an employee's protected health information for personnel decisions. Section 1 - Correct answer True What must employers do to comply with the Immigration Reform and Control Act (IRCA) when hiring new employees? Section 1 - Correct answer Examine documents that verify authorization to work identity What is the purpose of The Immigration Reform and Control Act (IRCA)? To allow immigrants to remain in the U.S. if they meet certain requirements and... Section 1 - Correct answer to prosecute employers that hire undocumented (illegal) workers The United States Department of Justice is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration service policies and priorities. Section 1 - Correct answer False Which 2 acts does the Equal Employment Opportunity Commission (EEOC) enforce? The Equal Opportunity Pay Act of 1973 and... Section 1 - Correct answer The Lilly Ledbetter Fair Pay Act of 2009 P a g e 2 | 14 What are the two benefits to military personnel of the final rule amendment to the Federal and Medical Leave Act (FMLA)? Increases the time to 15 days to spend with a service family member and... Section 1 - Lesson 11 - Correct answer expands the list of healthcare providers to support caregiver leave Which two employer actions are examples of discrimination against national origin? Discharging a worker due to an association with a specific ethnic group and... Section 1 - Lesson 12 - Correct answer Imposing height requirements for a specific job opening All religious institutions, societies, corporations, educational institutions, and associations are exempt from religious discrimination requirements under Title VII under section 702(a). Section 1 - Lesson 12 - Correct answer True Which action by an employer violates Title VII? Section 1 - Lesson 12 - Correct answer imposing a requirement that new hires receive training in a foreign country Which two employer actions are violations of the Age Discrimination in Employment Act (ADEA)? Denial of promotions to workers over age 50 and... Section 1 - Lesson 13 - Correct answer Mandatory retirement for workers over age 55 Which ADEA qualification would allow the mandatory retirement of executive employees? Section 1 - Lesson 13 - Correct answer the worker must have been in a high-level position for two years. The ADEA allows state and local government to set, by law, retirement ages for educators and airplane pilots. Section 1 - Lesson 13 - Correct answer False P a g e 5 | 14 Which two questions by an employer to a job candidate are violations of the American with Disabilities Act? "What is the severity of your disability?" and... Section 1 - Lesson 14 - Correct answer "When can you take a pre-employment medical exam?" Which two conditions are defined as a disability under the Americans with Disabilities Act (ADA) Amendments Act of 2008? Dyslexia and... Section 1 - Lesson 14 - Correct answer Insomnia According to the ADA, an employer is required to hire an individual with an active case of hepatitis. Section - Lesson 14 - Correct answer False A hospital prides itself on hiring a diverse workforce. To ensure it provides the best medical care, the hospital requires that all personnel speak only English the operating room even if it is not the native language of the worker. How should the hospital clarify the purpose of the policy to prevent discrimination? - Correct answer Business necessity **Candidates for firefighter positions must meet certain height and weight requirements to be eligible to work in a particular city. The fire department will determine from the Uniform Guidelines on Employee Selection Procedures if the requirements are valid criteria. How should the fire department determine this? - Correct answer Prove a statistical correlation with high job performance **A male manager repeatedly sets up meetings with two junior associates, both of whom are female. During the meetings, the manager regularly puts his hand on the taller female associate's arms or back but never does it to the shorter female associate. Both female associates feel uncomfortable. The shorter associate encourages the taller associate to report it to human resources (HR), but the taller associate is concerned that the manager will retaliate against her. The shorter associate contacts HR and reports the manager's behavior. When the manager finds out about the report, he fires the shorter associate. P a g e 6 | 14 Which action should be taken by the employer to remedy this disparate treatment? - Correct answer terminate the manager, apologize to both associates, and reinstate the shorter associate **A logistics company's human resources manager recruited ten graduates, five males and five females, from truck driver certification school to create a more diverse talent pool. Two female graduates visited their former instructor and discovered that male graduates were offered $10,000 more per year. The five female graduates decide to file a lawsuit with the Equal Employment Opportunity Commission for discrimination based on the differences in starting salaries compared to the male graduates. Which type of claim should the female graduates file against the logistics company? - Correct answer disparate treatment A help desk manager will only hire people who speak English fluently and without a foreign- sounding accent. Human resources (HR) is informed of the hiring manager's preferences. How should HR respond? - Correct answer Notify the manager that perfect English-only rules are against the Civil Rights Act A manufacturing company prides itself on having a diverse workforce by interviewing and hiring people of all backgrounds. Upon being hired, the new human resources (HR) manager discovered that Black applicants were often steered toward lower-paying positions, and their non-Black counterparts were interviewed and hired for higher-paying positions. How should the HR manager address the discriminatory hiring practices? - Correct answer Create a hiring and pay policy that is based on qualifications **A restaurant prefers hiring workers who can provide a long tenure instead of those close to retirement age. Which action should the restaurant take to avoid a discrimination claim? - Correct answer Develop a blind application review system A dental office has received several client complaints about a hygienist's facial hair and dreadlocks. The complaining clients request that a change be made, alleging that the hygienist is unsanitary. How should the dental office handle this? - Correct answer Develop a policy that requires grooming to be kempt Information technology (IT) security analysts at a bank must be on call for 24 hours every other weekend. Two of the senior analysts, who are Hispanic, went to an IT conference their manager approved. The hotel network went down, so no alerts were received all weekend. P a g e 7 | 14 who filed a lawsuit against the employer for discrimination based on citizenship status. Human resources (HR) was contacted to address the situation. Which portion of the Immigration Reform and Control Act should HR train the manager on to prevent this type of discrimination? - Correct answer how a foreign passport and employment visa prove their right to work A firefighter is injured on the job and comes back to work six months later after the physician has cleared them for duty. When the captain overhears the firefighter discussing that they are six weeks pregnant and never felt better, the captain puts them on light work assignment. The firefighter files a complaint for discrimination with the union representative and human resources (HR). How should the union and HR work together to prevent this discrimination? - Correct answer Approve the firefighter's request to work regular shifts A pharmacy hires seasonal pharmacy technicians over 40 to work in the store part-time during the winter, as it is located in a warmer climate where retired customers tend to migrate during the winter. It also employs other technicians, full-time, who are under 40. The full-time technicians tell the seasonal technicians that the full-time technicians make two dollars more per hour. The seasonal technicians filed a class-action lawsuit for discrimination based on age. The pharmacy won the case, stating that it hires technicians over 40 during the winter, so customers who come to the state see technicians who look like them and feel more comfortable. What should the pharmacy have done to avoid the lawsuit? - Correct answer Revised its compensation to pay based on years of experience A federal contractor receives over a million dollars in contracts every year. The human resources (HR) department has reviewed applications of at least 10 candidates for a proposal writer's position, one of whom is a veteran with disabilities who uses a wheelchair. Which document should the HR manager show the hiring manager to encourage them to hire this candidate? - Correct answer the contractor's Affirmative Action Plan for recruiting under Section 503 of the Rehabilitation Act An older employee was told to give most of their work to a younger employee. They had to train the younger worker on all of their tasks. The older employee was not given more challenging work to replace the work they were handing over, and they were left with very little work to do. When asked why this was happening, the manager told the older employee they wanted to lighten the older employee's load. How can the employer prevent this type of age discrimination? - Correct answer Discontinue marginalizing the staff member by removing opportunities P a g e 10 | 14 Employees at an accounting firm are required to take an annual exam to ensure they remain aware of tax and fiscal law changes. An employee with a disability requested test accommodation in the form of extra time so they could manage their diabetes. Their supervisor stated they had to take the exam as the other employees. The employee spoke with the human resources (HR) officer to see if they could get accommodation. When the supervisor found out, they terminated the employee. How should HR respond to the supervisor's action to prevent this type of discrimination? - Correct answer Investigate the retaliatory action **A manager has posted false rumors on social media that a terminated employee is not eligible for rehire based on what they overheard about the employee. Which workplace tort is the manager committing? - Correct answer Libel A senior financial analyst files a hostile work environment claim against their manager for inappropriate comments and promises of a promotion if they go on a date with them. Shortly after the complaint investigation, the senior financial analyst is moved to a lower pay grade, and their salary is reduced. What is the name for this type of action? - Correct answer Retaliatory demotion Two employees were dating at work, and one of them ended the relationship. The employee who was rejected wanted revenge. To embarrass their ex-partner, they created a fake social media account and posted private pictures that were sent during their relationship. Once the postings started spreading around the workplace, the inflicted employee was embarrassed, missed several days of work, and started looking for another job. Which type of violation did the employee commit? - Correct answer delivering emotional distress An employee was called to act as a witness during a wage and hour investigation. The employee agreed with another employee's complaint by admitting they had worked off the clock at the department manager's direction. The manager was disciplined and told not to do this again. A couple of months later, the same employee was removed from their current department trainer position and made a regular associate. This change in status caused the employee to lose the ability to earn extra pay as a trainer. Which type of tort law is this an example of? - Correct answer Retaliatory demotion A telecommunications repair employee uses their vehicle for work and is tracked using the Global Positioning System (GPS) during work hours for productivity and routing purposes. The next day at work, their supervisor comments about the restaurant the employee went to P a g e 11 | 14 with their spouse the night before. When asked how this information was obtained, the employee is told they were still being tracked after work. The employee visits an attorney and sues the employer. How should the employer have protected the employee's privacy rights? - Correct answer Removed GPS at the end of the day **A supervisor at Plant A overhears a conversation about an accident at Plant B where five employees were seriously injured. One employee has a permanent injury to their left hand that slows down their performance and plans on transferring to Plant A. When the employee reports to Plant A, the supervisor terminates the employee, believing that the employee will slow down production. Which legislation allows the employee to file a lawsuit against the employer based on the action taken by the supervisor? - Correct answer Health Insurance Portability and Accountability Act (HIPAA) An employee made statements about their colleague's performance during the annual performance review period and escalated the feedback through proper channels. The supervisor passed over the colleague for a promotion due to the feedback. The colleague filed a defamation lawsuit alleging slander by the employee. The employee believes they were helping the colleague. Why are the employee's comments immune from the defamation lawsuit? - Correct answer the employee is protected by qualified privilege because the statements were made in good faith. A company is laying off half its technical staff due to losing a product line and has provided a 60-day notice. The affected employees voice their frustration with the decision to other staff. The company has begun to limit the employees' access to key information. Why did the company take this action? - Correct answer to protect proprietary information and knowledge **A retail employee for a major chain provided a doctor's note for four weeks of leave during the holiday season to obtain treatment for a medical condition. The manager denied the request for leave, but the employee still took the time off. The manager contacted human resources (HR) to request paperwork for terminating the employee, but it was denied. What should HR do to prevent the manager from denying acceptable accommodations in the future? - Correct answer Train managers in how to respond to employees with disabilities P a g e 12 | 14