CCB CCB Employment Law & HR Compliance 2 — Questions and Answers
Question 1: Under the Age Discrimination in Employment Act (ADEA), which age group is protected from employment discrimination?
- Employees under 30
- Employees 40 years of age and older (Correct answer)
- Employees between 18 and 65
- All employees regardless of age
Correct answer: Employees 40 years of age and older
The ADEA protects employees and job applicants who are 40 years of age or older from discrimination based on age in hiring, promotion, discharge, compensation, and other terms of employment.
Question 2: What is the 'interactive process' in the context of ADA compliance?
- A mandatory arbitration procedure for discrimination claims
- An ongoing dialogue between employer and employee to identify and implement reasonable accommodations (Correct answer)
- A government audit of workplace accessibility
- A training program for managers on disability awareness
Correct answer: An ongoing dialogue between employer and employee to identify and implement reasonable accommodations
The interactive process is a collaborative, good-faith dialogue between an employer and an employee with a disability to identify appropriate reasonable accommodations that allow the employee to perform essential job functions.
Question 3: Which type of sexual harassment involves an employment benefit being conditioned on submission to unwelcome sexual conduct?
- Hostile work environment harassment
- Quid pro quo harassment (Correct answer)
- Third-party harassment
- Constructive discharge
Correct answer: Quid pro quo harassment
Quid pro quo harassment occurs when a supervisor links employment decisions (hiring, promotion, raises) to an employee's submission to sexual advances or other sexual conduct.
Question 4: Under the Equal Pay Act (EPA), which factor does NOT justify a pay difference between male and female employees doing the same job?
- Seniority system
- Merit system
- Employee's gender (Correct answer)
- Production-based pay system
Correct answer: Employee's gender
The Equal Pay Act prohibits wage differentials based on sex; employers may only justify pay differences through seniority, merit, production quantity/quality, or any factor other than sex.
Question 5: What is 'at-will employment' in U.S. labor law?
- Employment that can only be terminated for just cause
- Employment where either party may end the relationship at any time for any lawful reason (Correct answer)
- Employment guaranteed by a union contract
- Employment mandating a 90-day notice period
Correct answer: Employment where either party may end the relationship at any time for any lawful reason
At-will employment allows either the employer or employee to terminate the employment relationship at any time, for any lawful reason, without advance notice or cause.
Question 6: Which law requires covered federal contractors to take affirmative action to ensure equal employment opportunity for minorities, women, individuals with disabilities, and veterans?
- Title VII of the Civil Rights Act
- Executive Order 11246 and related regulations enforced by OFCCP (Correct answer)
- National Labor Relations Act (NLRA)
- Worker Adjustment and Retraining Notification Act (WARN)
Correct answer: Executive Order 11246 and related regulations enforced by OFCCP
Executive Order 11246 (and related statutes) requires federal contractors to take affirmative action to provide equal employment opportunity, enforced by the OFCCP within the Department of Labor.
CCB CCB Employment Law & HR Compliance 2
Under the Age Discrimination in Employment Act (ADEA), which age group is protected from employment discrimination?