Employment Law Flashcards
7 cards from real APHR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Employment Law flashcards as text
Under the Americans with Disabilities Act (ADA), which of the following best describes an 'essential function' of a job?
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.
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?
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.
Which law established the right of employees to organize, bargain collectively, and engage in concerted activities for mutual aid?
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.
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?
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.
Under COBRA, what is the maximum continuation coverage period for a qualified beneficiary who loses coverage due to voluntary resignation?
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.
Which of the following is an unfair labor practice (ULP) by an employer under the NLRA?
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.
What does the term 'at-will employment' mean in U.S. employment law?
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.