Module 6 - Employment Law Flashcards
Under the provisions of the Civil Rights Act of 1991, punitive damages
are intended to punish an organization and discourage future violations.
are awarded by the Equal Employment Opportunity Commission within 180 days of an incident.
can be collected from only government employers.
will preclude a person from receiving back pay.
are intended to punish an organization and discourage future violations.
Rationale: Punitive damages are intended to punish an organization and discourage future violations.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) generally includes all of the following provisions EXCEPT
It establishes specific time frames for employees on military leave to apply for reemployment.
It requires the employee to provide oral or written notice of the need for leave.
It confirms that job applicants are covered by USERRA if an organization rejects a candidate or withdraws an offer of employment due to pending military leave.
It allows an employee to take military leave for up to three years.
It allows an employee to take military leave for up to three years.
Rationale: USERRA generally allows an employee to take military leave for up to five years (extended in some circumstances).
According to the Portal-to-Portal Act, which of the following is an example of compensable time?
Meal periods (if employee is not relieved of all duties)
Training programs (not job-related)
Absence for illness
Travel from home to work site
Answer: Meal periods (if employee is not relieved of all duties)
Rationale: The FLSA did not initially define the term “hours worked.” Consequently, Congress amended the act, and the general rules are now defined by the Portal-to-Portal Act, which outlines both compensable and noncompensable time.
Which of the following is NOT explicitly addressed by Title VII of the Civil Rights Act of 1964?
Discrimination based on national origin
Sexual harassment
Sexual orientation
Equal access to training
Answer: Sexual orientation
Rationale: Title VII of the Civil Rights Act of 1964 prohibits discrimination in any aspect of employment, including access to training, on the basis of race, color, religion, sex, or national origin. It prohibits sexual and other forms of workplace harassment. Discrimination based on sexual orientation is not explicity prohibited by Title VII, but the EEOC interprets discrimination based upon sex as including sexual orientation and gender identity.
A female complains to a supervisor that a male coworker constantly subjects her to offensive profanity that intimidates her. The supervisor tells her to ignore the profane comments. This scenario exemplifies
quid pro quo sexual harassment.
disparate impact.
disparate treatment.
hostile environment sexual harassment.
Answer: hostile environment sexual harassment.
Rationale: Hostile environment harassment occurs when unwelcome sexual conduct unreasonably interferes with an individual’s performance or creates an offensive work environment.
The General Duty Clause of the Occupational Safety and Health Act requires that employers
ensure that shipments of hazardous materials are accompanied by a material safety data sheet (MSDS).
report all occupational injuries and illnesses to the OSHA Office of Statistics.
post a copy of an OSHA citation near the location where the violation occurred.
maintain a workplace that is free from hazards that may cause serious harm.
Answer: maintain a workplace that is free from hazards that may cause serious harm.
Rationale: Even if OSHA does not create a standard to address a specific hazard, employers are responsible for complying with the act’s General Duty Clause, which requires employers to furnish a place of employment that is free from recognized hazards that may cause death or serious harm.
Which of the following statements about employee handbooks is false?
Employee handbooks may eventually support employee lawsuits.
Employee handbooks are not required by law.
Employee handbooks may not contain conflict-of-interest statements.
Employee handbooks may foster management inflexibility.
Answer: Employee handbooks may eventually support employee lawsuits.
Rationale: An employee handbook is not required by law, and organizations may choose not to create one out of concern that company policies cited may foster management inflexibility or eventually support employee lawsuits.
According to FLSA regulations, employees ages 14 to 15 must adhere to all of the following EXCEPT
The employee may be employed by parents, except in hazardous industries, manufacturing, or mining.
During school vacations, the employee cannot work more than eight hours/day, 40 hours/week.
The employee’s hours are restricted to 7:00 a.m. to 7:00 p.m. during the school year.
During school hours, the employee cannot work more than two hours/day, 10 hours/week.
Answer: During school hours, the employee cannot work more than two hours/day, 10 hours/week
Rationale: At ages 14 to 15, employees are allowed to work up to three hours/day, 18 hours/week.
The Drug-Free Workplace Act applies to
federal contractors with contracts of $100,000 or more.
federal contractors and private employers with 100 or more employees.
federal contractors with contracts of $25,000 or more.
federal contractors and private employers with 50 or more employees.
Answer: federal contractors with contracts of $100,000 or more.
Rationale: The Drug-Free Workplace Act applies to organizations that have contracts with the federal government of $100,000 or more.
The Age Discrimination in Employment Act
created the EEOC.
makes it illegal to deny benefits to older employees.
introduced the possibility of emotional distress damages while limiting the amount that a jury could award.
All of the above.
Answer: makes it illegal to deny benefits to older employees.
Rationale: The ADEA makes it illegal to discriminate on the basis of age in apprenticeship programs, specify age preferences and limitations in job notices or advertisements, or deny benefits to older employees.
A dependent child is no longer eligible for coverage under a company’s health plan. How many months of COBRA coverage is the dependent entitled to?
12
18
24
36
Answer: 36
Rationale: A dependent child who loses eligibility status is entitled to 36 months of benefits.
Which of the following is a provision of the Immigration Reform and Control Act?
Employers must complete an I-9 form within three days of hiring. The burden is on the employer to prove that an employee is eligible to work in the U.S.
Employees face civil penalties for knowingly working as an illegal alien.
A job or environment must be modified for qualified foreign applicants if they cannot read and write English.
Employees assume the burden of proving that they are eligible to work in the U.S.
Answer: Employers must complete an I-9 form within three days of hiring. The burden is on the employer to prove that an employee is eligible to work in the U.S.
Rationale: Employers must complete an I-9 form within three days of hiring and retain it for at least three years. The burden is on the employer to prove that an employee is eligible to work in the U.S.
Which of the following documents establishes only an employee’s employment authorization?
Canadian driver’s license
School identity card with photo
Resident citizen identity card
Federal agency identification card with photo
Resident citizen identity card
A resident citizen identity card establishes only employment authorization. A Canadian driver’s license, school identity card with photo, or federal agency identification card with photo establish only identity.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) generally includes all of the following provisions EXCEPT
It establishes specific time frames for employees on military leave to apply for reemployment.
It confirms that job applicants are covered by USERRA if an organization rejects a candidate or withdraws an offer of employment due to pending military leave.
It requires the employee to provide oral or written notice of the need for leave.
It allows an employee to take military leave for up to three years.
It allows an employee to take military leave for up to three years.
Rationale: USERRA generally allows an employee to take military leave for up to five years (extended in some circumstances).
Which of the following documents establishes only an employee’s identity?
Voter’s registration card
U.S. citizen identity card
U.S. birth certificate
Social Security card
Voter’s registration card
Rationale: A voter’s registration card establishes only identity. A U.S. citizen identity card, Social Security card, or U.S. birth certificate establish only employment authorization.
