aPHR Employment Law 3 — Questions and Answers
Question 1: Under the Americans with Disabilities Act (ADA), which of the following best describes an 'essential function' of a job?
- A task performed only occasionally but listed in the job description
- A fundamental duty that the position exists to perform (Correct answer)
- Any task that takes more than 5% of the employee's work time
- A duty that management prefers the employee to perform
Correct answer: A fundamental duty that the position exists to perform
Essential functions are the fundamental job duties of a position; removing them would fundamentally alter the job and must be considered when evaluating accommodation requests.
Question 2: The Equal Pay Act (EPA) requires equal pay for equal work. Which factors legally justify a pay difference between men and women in the same job?
- Prior salary history and marital status
- Seniority, merit, production, or a factor other than sex (Correct answer)
- Education level and personal negotiation skills
- Job title and department assignment
Correct answer: Seniority, merit, production, or a factor other than sex
The EPA permits pay differences based on seniority, merit, a production-based system, or any bona fide factor other than sex.
Question 3: Which law established the right of employees to organize, bargain collectively, and engage in concerted activities for mutual aid?
- Taft-Hartley Act
- National Labor Relations Act (NLRA) (Correct answer)
- Labor Management Relations Act
- Landrum-Griffin Act
Correct answer: National Labor Relations Act (NLRA)
The National Labor Relations Act (Wagner Act) of 1935 guarantees employees the right to organize, form unions, and bargain collectively.
Question 4: An employer requires all job applicants to pass a physical strength test. The test screens out a disproportionate number of female applicants. What legal doctrine is most applicable?
- Disparate treatment
- Adverse impact (disparate impact) (Correct answer)
- Bona fide occupational qualification
- Pattern or practice discrimination
Correct answer: Adverse impact (disparate impact)
Adverse impact (disparate impact) occurs when a facially neutral selection procedure disproportionately excludes members of a protected class without business justification.
Question 5: Under COBRA, what is the maximum continuation coverage period for a qualified beneficiary who loses coverage due to voluntary resignation?
- 12 months
- 18 months (Correct answer)
- 29 months
- 36 months
Correct answer: 18 months
When coverage is lost due to a qualifying event such as voluntary resignation or reduction in hours, COBRA generally provides up to 18 months of continuation coverage.
Question 6: Which of the following is an unfair labor practice (ULP) by an employer under the NLRA?
- Refusing to hire applicants who previously worked at union shops
- Interfering with employees' rights to form or join a union (Correct answer)
- Requiring union members to pay dues as a condition of employment
- Setting a no-solicitation policy in customer-facing areas during work hours
Correct answer: Interfering with employees' rights to form or join a union
Interfering with, restraining, or coercing employees in the exercise of their Section 7 rights is an unfair labor practice prohibited by the NLRA.
Question 7: What does the term 'at-will employment' mean in U.S. employment law?
- An employee can only be terminated with 30 days' written notice
- Either party can end the employment relationship at any time for any lawful reason (Correct answer)
- Employees must consent in writing before being discharged
- Employers must provide severance pay upon termination
Correct answer: Either party can end the employment relationship at any time for any lawful reason
At-will employment means either the employer or employee may terminate the relationship at any time, for any reason that is not illegal, without prior notice.
aPHR Employment Law 3
Under the Americans with Disabilities Act (ADA), which of the following best describes an 'essential function' of a job?