Legal and Regulatory Compliance Flashcards

Which law is designed to prevent discrimination against people that are not U.S. citizens but have legal status to work in the United States?

Answer: The Immigration Reform and Control Act of 1986 (IRCA)

The Immigration Reform and Control Act of 1986 (IRCA) was enacted to control and deter illegal immigration to the United States. A key provision of IRCA makes it illegal for employers to discriminate against job applicants or employees based on their national origin or citizenship status, provided they are authorized to work in the U.S. This law specifically protects individuals with legal status from employment discrimination.

In Legal Responsibilities and Risk Management, which of the following questions is “Illegal” to ask in an interview?

Answer: "Have you ever been arrested?"

Asking a job applicant "Have you ever been arrested?" is generally illegal because an arrest does not equate to a conviction and can lead to discriminatory hiring practices. Employers are typically only permitted to ask about convictions, and even then, such inquiries must be job-related and consistent with business necessity. Focusing on arrests can unfairly screen out protected classes.

What is the benefits of performance reviews?

Answer: Performance reviews can help keep future legal problems to a minimum by helping track and document employee issues.

Performance reviews are a critical tool for human resource management, offering several benefits beyond just employee development. By systematically tracking and documenting employee performance, issues, and feedback, they create a clear record that can be invaluable in defending against potential legal claims, such as wrongful termination or discrimination. This documentation demonstrates fair and consistent treatment, minimizing legal risks for the employer.

Which is NOT one of the five legal types of entry into a resident’s apartment?

Answer: Entry for Routine Inspections

In property management, there are specific legal grounds for a landlord to enter a resident's apartment, often categorized into a limited number of "types." While landlords can legally enter for routine inspections with proper notice, this specific phrasing is often considered a *reason* for entry that falls under broader categories like "entry for maintenance or repairs," rather than a distinct "type" in a predefined list of five. Other types typically include emergencies, showing the unit, abandonment, or court orders.

What are the four primary areas of Risk?

Answer: 1. Legal Risks (Liability) 2. Financial Risks 3. Safety Risks 4. Fraud Risks

In property management, understanding and mitigating risks is crucial for protecting assets and ensuring operational continuity. The four primary areas of risk commonly identified are Legal Risks (Liability), which cover compliance and lawsuits; Financial Risks, concerning monetary losses or poor returns; Safety Risks, related to the well-being of residents and staff; and Fraud Risks, involving deceptive practices that can lead to financial loss. Managing these areas comprehensively is key to effective portfolio supervision.