aPHR Employment Law 2 — Questions and Answers
Question 1: Under the Family and Medical Leave Act (FMLA), how many workweeks of unpaid leave may an eligible employee take in a 12-month period for a qualifying reason?
- 6 weeks
- 10 weeks
- 12 weeks (Correct answer)
- 16 weeks
Correct answer: 12 weeks
FMLA provides eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons.
Question 2: Which federal law requires employers with 100 or more employees to provide 60 days' advance notice of plant closings or mass layoffs?
- ERISA
- WARN Act (Correct answer)
- FLSA
- COBRA
Correct answer: WARN Act
The Worker Adjustment and Retraining Notification (WARN) Act requires covered employers to give 60 days' notice before qualifying plant closings or mass layoffs.
Question 3: An employer's policy prohibits all religious head coverings on the production floor. An employee requests an exception for her hijab. What must the employer do under Title VII?
- Enforce the policy uniformly to avoid discrimination claims
- Grant the accommodation unless it causes undue hardship (Correct answer)
- Reassign the employee to a back-office role automatically
- Require a doctor's note before granting any religious accommodation
Correct answer: Grant the accommodation unless it causes undue hardship
Title VII requires employers to reasonably accommodate sincerely held religious beliefs unless doing so would cause undue hardship to the business.
Question 4: Which agency enforces the Age Discrimination in Employment Act (ADEA)?
- Department of Labor (DOL)
- Equal Employment Opportunity Commission (EEOC) (Correct answer)
- Office of Federal Contract Compliance Programs (OFCCP)
- National Labor Relations Board (NLRB)
Correct answer: Equal Employment Opportunity Commission (EEOC)
The EEOC is the federal agency responsible for enforcing the ADEA, which protects workers aged 40 and older from age-based discrimination.
Question 5: Under the Fair Labor Standards Act (FLSA), which of the following is an example of a non-exempt employee?
- A salaried marketing manager earning $70,000 per year
- An hourly warehouse worker performing manual labor (Correct answer)
- A licensed pharmacist earning above the salary threshold
- An outside sales representative working on commission
Correct answer: An hourly warehouse worker performing manual labor
Hourly workers performing manual, non-managerial labor typically do not meet exemption criteria and are entitled to minimum wage and overtime under the FLSA.
Question 6: What is the primary purpose of the Genetic Information Nondiscrimination Act (GINA)?
- To require employers to offer genetic testing as a health benefit
- To prohibit employment discrimination based on genetic information (Correct answer)
- To mandate genetic screening for safety-sensitive positions
- To establish privacy rules for DNA databases held by employers
Correct answer: To prohibit employment discrimination based on genetic information
GINA prohibits employers from using genetic information—such as family medical history or genetic test results—in making employment decisions.
Question 7: An employee who is discharged for filing a workers' compensation claim may have a claim for which type of wrongful termination?
- Constructive discharge
- Retaliatory discharge (Correct answer)
- Breach of implied contract
- Discriminatory discharge under Title VII
Correct answer: Retaliatory discharge
Firing an employee for filing a workers' compensation claim constitutes retaliatory discharge, which is prohibited by most state workers' compensation statutes.
aPHR Employment Law 2
Under the Family and Medical Leave Act (FMLA), how many workweeks of unpaid leave may an eligible employee take in a 12-month period for a qualifying reason?