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
Which of the following correctly describes the 'business necessity' defense to a disparate impact claim?
Answer: The employer demonstrates the challenged practice is job-related and consistent with business necessity
The business necessity defense requires an employer to show that a selection procedure that causes adverse impact is job-related for the position and consistent with business necessity.
The Lilly Ledbetter Fair Pay Act of 2009 changed the statute of limitations rule for pay discrimination claims by:
Answer: Restarting the 180/300-day clock with each discriminatory paycheck issued
The Lilly Ledbetter Act reset the charge-filing clock with each new discriminatory paycheck, overturning the Supreme Court decision that limited claims to acts within 180/300 days of the original discriminatory pay decision.
Under the ADA, which of the following is NOT a permissible pre-employment medical inquiry?
Answer: Asking whether the applicant has a history of cancer
Asking about an applicant's medical history, including prior illnesses, before a conditional job offer violates the ADA's pre-offer prohibition on disability-related inquiries.
Which of the following scenarios describes a legitimate use of a Bona Fide Occupational Qualification (BFOQ) defense under Title VII?
Answer: Requiring actors auditioning for a male role to be male for authenticity
BFOQ is a narrow defense allowing sex (or religion/national origin) as a job requirement when it is essential to the core business function, such as authentic casting in acting.
A non-compete agreement is most likely to be enforceable when it:
Answer: Is reasonable in scope, duration, and geographic area and supported by consideration
Courts generally enforce non-compete agreements only if they are narrowly tailored—reasonable in time, geographic scope, and activity restricted—and supported by adequate consideration.
Under Title VII, the EEOC charge filing deadline for employees in states with a state agency (deferral states) is:
Answer: 300 days
In deferral states—those with a state or local fair employment agency—employees have up to 300 days from the discriminatory act to file an EEOC charge.
Which of the following is an example of 'constructive discharge'?
Answer: An employer deliberately makes working conditions so intolerable that a reasonable person would feel compelled to resign
Constructive discharge occurs when an employer intentionally makes working conditions unbearable, effectively forcing the employee to quit, which courts treat as an involuntary termination.