ECRE Employment Law 2 — Questions and Answers
Question 1: Under the ADA, what is the employer's obligation when a qualified individual with a disability requests an accommodation?
- Grant any accommodation the employee requests without question
- Engage in an interactive process to identify effective reasonable accommodations (Correct answer)
- Provide only accommodations that cost nothing to the employer
- Deny accommodation if other employees might perceive it as preferential treatment
Correct answer: Engage in an interactive process to identify effective reasonable accommodations
The ADA requires employers and employees to engage in a good-faith interactive process to identify and implement effective reasonable accommodations.
Question 2: Which federal law requires employers with 100 or more employees to provide 60 days' advance notice before mass layoffs?
- ERISA
- WARN Act (Correct answer)
- FMLA
- COBRA
Correct answer: WARN Act
The Worker Adjustment and Retraining Notification (WARN) Act mandates 60 days' notice for qualifying plant closings and mass layoffs affecting 100+ employees.
Question 3: A recruiter sources a candidate who later claims the employer's pre-employment background check violated their rights. Which law most likely applies?
- Title VII
- Fair Credit Reporting Act (FCRA) (Correct answer)
- FMLA
- NLRA
Correct answer: Fair Credit Reporting Act (FCRA)
The FCRA governs background checks conducted through third-party agencies, requiring disclosure, authorization, and adverse-action procedures.
Question 4: Which of the following correctly describes 'at-will employment' in the United States?
- Employees can only be terminated for documented cause
- Either party may end the employment relationship at any time for any lawful reason (Correct answer)
- Employers must give two weeks' notice before termination
- At-will status only applies to probationary employees
Correct answer: Either party may end the employment relationship at any time for any lawful reason
At-will employment allows either the employer or employee to terminate the relationship at any time for any reason that does not violate law.
Question 5: Under FLSA, which category of workers is generally NOT entitled to overtime pay?
- Non-exempt hourly workers
- Part-time employees earning minimum wage
- Exempt salaried employees meeting duties tests (Correct answer)
- Temporary workers placed by staffing agencies
Correct answer: Exempt salaried employees meeting duties tests
FLSA exempts certain salaried employees who meet specific duties tests (executive, administrative, professional) from overtime requirements.
Question 6: Which document must I-9 Employment Eligibility Verification be completed by for all new hires?
- Within 30 days of the employee's start date
- By the end of the employee's first day of work for pay
- Before the employee's first day of work
- Within 72 hours of the employee's start date (Correct answer)
Correct answer: Within 72 hours of the employee's start date
Employers must complete Section 2 of Form I-9 within 3 business days of the employee's first day of employment.
Question 7: A job posting states 'Must be a US citizen.' Under which scenario is this requirement lawful?
- When the employer prefers domestic candidates to reduce relocation costs
- When the position requires a security clearance available only to US citizens by law (Correct answer)
- When the employer's workforce is predominantly non-citizens
- It is never lawful to require US citizenship in a job posting
Correct answer: When the position requires a security clearance available only to US citizens by law
Citizenship requirements are lawful when mandated by federal statute or regulation, such as positions requiring certain classified security clearances.
ECRE Employment Law 2
Under the ADA, what is the employer's obligation when a qualified individual with a disability requests an accommodation?