aPHR Employment Law 4 — Questions and Answers
Question 1: Which form must U.S. employers complete to verify the identity and work authorization of every new hire?
- W-4
- I-9 (Correct answer)
- SS-4
- E-Verify confirmation
Correct answer: I-9
Form I-9, required by the Immigration Reform and Control Act (IRCA), must be completed for every employee hired in the U.S. to verify identity and employment eligibility.
Question 2: Under FMLA, which of the following employees is eligible for leave?
- A part-time employee who has worked 900 hours in the past year for an employer with 60 employees
- A full-time employee who has worked 12 months and 1,250 hours for an employer with 55 employees
- A full-time employee who has worked 12 months and 1,300 hours for an employer with 55 employees
- A full-time employee who has worked 12 months and 1,300 hours for an employer with 60 employees (Correct answer)
Correct answer: A full-time employee who has worked 12 months and 1,300 hours for an employer with 60 employees
FMLA eligibility requires working for a covered employer (50+ employees), at least 12 months of employment, and at least 1,250 hours in the past 12 months.
Question 3: A supervisor makes repeated comments about an employee's age, saying 'You're too old to keep up with this team.' This behavior is an example of which type of discrimination?
- Quid pro quo harassment
- Hostile work environment based on age (Correct answer)
- Constructive discharge
- Pattern or practice discrimination
Correct answer: Hostile work environment based on age
Repeated age-related comments that create an offensive or abusive work atmosphere constitute hostile work environment harassment under the ADEA.
Question 4: Which provision of the FLSA sets the current federal minimum wage?
- Section 6 (Correct answer)
- Section 7
- Section 13
- Section 17
Correct answer: Section 6
Section 6 of the FLSA establishes the federal minimum wage requirement applicable to covered non-exempt employees.
Question 5: What is the key distinction between 'quid pro quo' sexual harassment and 'hostile work environment' harassment?
- Quid pro quo involves physical contact; hostile environment does not
- Quid pro quo involves an exchange of sexual favors for job benefits; hostile environment involves pervasive unwelcome conduct (Correct answer)
- Hostile environment claims require a supervisor; quid pro quo does not
- Quid pro quo requires multiple incidents; hostile environment requires only one
Correct answer: Quid pro quo involves an exchange of sexual favors for job benefits; hostile environment involves pervasive unwelcome conduct
Quid pro quo harassment occurs when job benefits are conditioned on submission to sexual demands, while hostile work environment involves severe or pervasive conduct that alters working conditions.
Question 6: An employer conducts background checks on applicants but only for candidates of a certain national origin. This practice most likely violates which law?
- FCRA
- Title VII of the Civil Rights Act (Correct answer)
- GINA
- ADA
Correct answer: Title VII of the Civil Rights Act
Selectively applying background check policies based on national origin constitutes disparate treatment discrimination prohibited by Title VII.
Question 7: Under the Occupational Safety and Health Act (OSH Act), employees have the right to:
- Demand immediate termination of a coworker who violates safety rules
- Refuse to work in conditions they reasonably believe pose imminent danger (Correct answer)
- Sue OSHA directly for failing to inspect their workplace
- Negotiate safety standards directly with OSHA on the employer's behalf
Correct answer: Refuse to work in conditions they reasonably believe pose imminent danger
Employees may refuse to perform work they reasonably believe poses an imminent danger of death or serious physical harm when there is no time for OSHA to inspect.
aPHR Employment Law 4
Which form must U.S. employers complete to verify the identity and work authorization of every new hire?