COA Regulatory Compliance & Guidelines 2 — Questions and Answers
Question 1: Under the Americans with Disabilities Act (ADA), which of the following is an example of a 'reasonable accommodation' an employer must provide?
- Eliminating an essential job function for a disabled employee
- Providing an accessible parking space closer to the office entrance (Correct answer)
- Hiring a replacement worker to cover all duties of a disabled employee
- Exempting a disabled employee from all performance standards
Correct answer: Providing an accessible parking space closer to the office entrance
A reasonable accommodation under the ADA includes modifications like accessible parking that enable a qualified individual with a disability to perform essential job functions.
Question 2: Which federal law requires employers with 50 or more employees to provide up to 12 weeks of unpaid, job-protected leave for qualifying family or medical reasons?
- Fair Labor Standards Act (FLSA)
- Employee Retirement Income Security Act (ERISA)
- Family and Medical Leave Act (FMLA) (Correct answer)
- Consolidated Omnibus Budget Reconciliation Act (COBRA)
Correct answer: Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.
Question 3: An office administrator receives a subpoena for employee records. What is the FIRST step they should take?
- Immediately provide all requested documents to the requesting party
- Destroy any sensitive records before they can be examined
- Notify company legal counsel before taking any action (Correct answer)
- Inform all affected employees and ask their permission
Correct answer: Notify company legal counsel before taking any action
Upon receiving a subpoena, the first step is always to notify legal counsel so the organization can determine the appropriate legal response and protect its interests.
Question 4: Under OSHA's Hazard Communication Standard, what must be included on labels for hazardous chemicals in the workplace?
- Only the chemical's trade name and manufacturer address
- Product identifier, signal word, hazard pictograms, and precautionary statements (Correct answer)
- A brief description of first aid measures only
- The chemical formula and molecular weight of the substance
Correct answer: Product identifier, signal word, hazard pictograms, and precautionary statements
OSHA's Hazard Communication Standard requires chemical labels to include a product identifier, signal word, hazard pictograms, hazard statements, and precautionary statements.
Question 5: Which regulation governs the privacy of individually identifiable health information held by covered healthcare entities and their business associates?
- Sarbanes-Oxley Act (SOX)
- Gramm-Leach-Bliley Act (GLBA)
- Health Insurance Portability and Accountability Act (HIPAA) (Correct answer)
- Children's Online Privacy Protection Act (COPPA)
Correct answer: Health Insurance Portability and Accountability Act (HIPAA)
HIPAA's Privacy Rule establishes national standards for the protection of individually identifiable health information held by covered entities and business associates.
Question 6: An employer posts a job advertisement stating 'seeking recent college graduates.' This may violate which federal law?
- Title VII of the Civil Rights Act
- The Age Discrimination in Employment Act (ADEA) (Correct answer)
- The Equal Pay Act
- The National Labor Relations Act (NLRA)
Correct answer: The Age Discrimination in Employment Act (ADEA)
Advertising for 'recent college graduates' could constitute age discrimination under the ADEA, which protects workers age 40 and older from employment discrimination.
Question 7: Under the Fair Labor Standards Act (FLSA), which category of employees is NOT entitled to overtime pay?
- Non-exempt hourly workers who work more than 40 hours per week
- Part-time employees who occasionally exceed 40 hours
- Exempt salaried employees meeting specific duties tests (Correct answer)
- Temporary workers paid on an hourly basis
Correct answer: Exempt salaried employees meeting specific duties tests
The FLSA exempts employees from overtime requirements if they meet specific salary level and duties tests related to executive, administrative, or professional roles.
Under the Americans with Disabilities Act (ADA), which of the following is an example of a 'reasonable accommodation' an employer must provide?