ACP ACP Labor & Employment Law 2 — Questions and Answers
Question 1: What rights does the National Labor Relations Act (NLRA) protect?
- Employees' rights to organize, form unions, and engage in collective bargaining (Correct answer)
- Employers' rights to set unilateral workplace policies
- Individual employment contract rights only
- Only non-union employees in the private sector
Correct answer: Employees' rights to organize, form unions, and engage in collective bargaining
The NLRA protects employees' rights to organize, join unions, bargain collectively, and engage in concerted activities for mutual aid or protection.
Question 2: What is a 'hostile work environment' harassment claim?
- A claim where severe or pervasive discriminatory conduct unreasonably interferes with work performance (Correct answer)
- A claim for wrongful termination without cause
- A claim for unpaid wages or overtime violations
- A claim involving physical assault on company property
Correct answer: A claim where severe or pervasive discriminatory conduct unreasonably interferes with work performance
A hostile work environment claim arises when discriminatory conduct based on a protected characteristic is severe or pervasive enough to create an abusive work environment.
Question 3: Under the ADA, what is a 'reasonable accommodation'?
- A modification enabling a qualified person with a disability to perform essential job functions (Correct answer)
- Any workplace change requested by a disabled employee
- An alternative position offered to any employee with a disability
- Medical leave granted automatically to any disabled employee
Correct answer: A modification enabling a qualified person with a disability to perform essential job functions
A reasonable accommodation under the ADA is any modification to a job, work environment, or work procedure that enables a qualified individual with a disability to enjoy equal employment opportunities.
Question 4: What does the WARN Act require?
- 60 days' advance notice before mass layoffs or plant closings affecting 50 or more workers (Correct answer)
- 30 days' notice before any single employee termination
- Mandatory severance pay for all laid-off workers
- Federal approval before any plant relocation
Correct answer: 60 days' advance notice before mass layoffs or plant closings affecting 50 or more workers
The Worker Adjustment and Retraining Notification (WARN) Act requires employers with 100 or more employees to provide 60 days' advance notice of qualifying mass layoffs or plant closings.
Question 5: What is 'disparate impact' discrimination?
- A facially neutral policy that disproportionately affects a protected class (Correct answer)
- Intentional discriminatory treatment of a protected class member
- A single act of overt discriminatory conduct
- Discriminatory language used in job advertisements
Correct answer: A facially neutral policy that disproportionately affects a protected class
Disparate impact discrimination occurs when a neutral employment policy or practice disproportionately affects members of a protected class, even without discriminatory intent.
Question 6: What is a collective bargaining agreement (CBA)?
- A contract between an employer and union governing terms and conditions of employment (Correct answer)
- An agreement among competing employers to set uniform wage rates
- An individual employment contract negotiated with a single employee
- A government-mandated wage and hour schedule for union shops
Correct answer: A contract between an employer and union governing terms and conditions of employment
A CBA is a written contract negotiated between an employer and the certified union representing employees, covering wages, hours, benefits, grievance procedures, and other employment terms.
ACP ACP Labor & Employment Law 2
What rights does the National Labor Relations Act (NLRA) protect?