Employment Law & Ethical Practices Flashcards

A manager is pressured by a senior executive to document false performance deficiencies in order to justify terminating an employee who filed an internal harassment complaint. The manager should:

Answer: Refuse and report the request to HR, legal, or an ethics hotline

Creating false documentation to justify retaliation is illegal and unethical; managers have an obligation to refuse and report such instructions.

Under the National Labor Relations Act (NLRA), which activity is legally protected for both union and non-union employees?

Answer: Discussing wages, hours, and working conditions with coworkers

Section 7 of the NLRA protects employees' rights to engage in concerted activity, including discussing pay and working conditions with coworkers.

Which concept describes a situation where intolerable working conditions created by an employer effectively force an employee to resign, and the resignation is treated legally as a termination?

Answer: Constructive discharge

Constructive discharge occurs when an employer deliberately makes working conditions so intolerable that a reasonable person would feel compelled to resign.

When an interviewer asks an applicant, 'Do you have children or plan to start a family?', this question is problematic because it:

Answer: May constitute discrimination based on sex under Title VII

Questions about family plans can reveal protected characteristics (sex, pregnancy) and create evidence of discriminatory intent, violating Title VII.

What is the primary purpose of a conflict of interest policy in an organization?

Answer: To ensure employees' personal interests do not improperly influence their business decisions

Conflict of interest policies protect organizational integrity by requiring disclosure and management of situations where personal interests could bias professional judgment.

Under COBRA, for how long may a qualified beneficiary generally continue group health coverage following termination of employment (for reasons other than gross misconduct)?

Answer: 18 months

COBRA generally provides qualified beneficiaries up to 18 months of continued group health coverage following job loss, though certain qualifying events allow up to 36 months.

Which practice best demonstrates an organization's commitment to pay equity and compliance with the Equal Pay Act?

Answer: Conducting regular pay audits to identify and correct unjustified pay disparities

Regular pay audits proactively identify disparities based on gender or other protected characteristics and allow organizations to take corrective action.