HRM 3110 Employment and Labor Law (D352)
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Free HRM 3110 Employment and Labor Law (D352) Questions
What's an example of Disparate Treatment
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An employer that offers equal pay for all employees
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An employer that provides flexible work hours for parents
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An employer that determines that no women will be interviewed for a specific job category
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An employer that promotes diversity in hiring practices
Explanation
Correct Answer C. An employer that determines that no women will be interviewed for a specific job category
Explanation
Disparate treatment occurs when an employer deliberately excludes or discriminates against individuals based on a protected characteristic, such as gender.
Why other options are wrong
A. An employer that offers equal pay for all employees: This is an example of fair treatment, not discrimination.
B. An employer that provides flexible work hours for parents: This is a workplace benefit, not an example of discrimination.
D. An employer that promotes diversity in hiring practices: Encouraging diversity is not discriminatory but rather an effort to create equal opportunities.
Benefit coverage extends 18 months after a qualifying event—an event that causes an employee to lose group health coverage; e.g., termination, reduction in hours (special causes can increase coverage period).
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Consolidated Omnibus Budget Reconciliation Act (COBRA)
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Affordable Care Act (ACA)
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Patient Protection Act (PPA)
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Medicare Modernization Act (MMA)
Explanation
Correct Answer A: Consolidated Omnibus Budget Reconciliation Act (COBRA)
Explanation
COBRA allows employees to continue their group health insurance coverage for a limited time after losing coverage due to termination, reduced work hours, or other qualifying events. The standard coverage period is 18 months, with certain conditions extending it to 29 or 36 months.
Why other options are wrong
B. Affordable Care Act (ACA): The ACA expands healthcare access but does not regulate continuation coverage after job loss.
C. Patient Protection Act (PPA): This is not a recognized federal law.
D. Medicare Modernization Act (MMA): This law primarily introduced prescription drug benefits under Medicare and does not deal with extended employer-provided health coverage.
A federal law passed in 1926 which didn't allow railroad or airline industries to strike, but allowed bargaining, arbitration, and mediation
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Railway Labor Act
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Norris-LaGuardia Act
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Sherman Antitrust Act
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National Labor Relations Act
Explanation
Correct Answer A: Railway Labor Act
Explanation
The Railway Labor Act (RLA) was enacted in 1926 to prevent strikes in the railroad (and later airline) industries by requiring collective bargaining, mediation, and arbitration to resolve labor disputes.
Why other options are wrong
B. Norris-LaGuardia Act: This law, passed in 1932, restricted the use of injunctions against labor strikes and protected workers' rights to organize.
C. Sherman Antitrust Act: This 1890 law was designed to prevent monopolies and regulate anti-competitive business practices, not labor disputes.
D. National Labor Relations Act: This 1935 law (Wagner Act) established collective bargaining rights for most private-sector employees but did not specifically regulate railroad and airline strikes.
When different groups of people have different scores designated as "passing" grades on a test for employment
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Race Norming
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Mixed Motive
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Retaliation
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Reverse Discrimination
Explanation
Correct Answer A. Race Norming
Explanation
Race norming is the practice of adjusting test scores based on race or ethnicity to ensure that different demographic groups meet designated passing grades. This practice was banned by the Civil Rights Act of 1991.
Why other options are wrong
B. Mixed Motive:
A mixed-motive case involves an employment decision influenced by both legitimate and discriminatory factors, but it does not relate to test score adjustments.
C. Retaliation:
Retaliation occurs when an employer punishes an employee for engaging in a legally protected activity, such as reporting discrimination.
D. Reverse Discrimination:
Reverse discrimination refers to bias against majority groups, typically due to affirmative action policies, but it does not specifically involve altering test scores.
Discrimination on other protected class grounds is not contested where ministerial positions with spiritual functions are involved
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Ministerial Exception
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Permissive Bargaining Subjects
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Nonsuspect Class
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Voluntary Recognition
Explanation
Correct Answer A: Ministerial Exception
Explanation
The ministerial exception allows religious organizations to make employment decisions regarding ministerial roles without being subject to anti-discrimination laws, preserving religious freedom.
Why other options are wrong
B. Permissive Bargaining Subjects: These are optional topics in collective bargaining negotiations and have no relevance to religious employment discrimination.
C. Nonsuspect Class: This refers to groups that do not receive heightened scrutiny in discrimination claims, which is unrelated to the ministerial exception.
D. Voluntary Recognition: This refers to an employer recognizing a union without requiring a formal election, not religious employment exemptions.
A federal law enacted in 1959 that established a system of reporting and checks intended to uncover and prevent fraud and corruption among union officials by regulating internal operating procedures and union matters
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Labor-Management Reporting and Disclosure Act
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Tortious Interference of Contract
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Employee Retirement Income Security Act (ERISA)
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Employee Retirement Income Security Act
Explanation
Correct Answer A: Labor-Management Reporting and Disclosure Act
Explanation
The Labor-Management Reporting and Disclosure Act (LMRDA) of 1959, also known as the Landrum-Griffin Act, was enacted to regulate labor unions and ensure transparency, democratic governance, and financial integrity among union officials.
Why other options are wrong
B. Tortious Interference of Contract: This refers to a legal claim against someone who improperly induces a contract breach, not a labor law regulating unions.
C. Employee Retirement Income Security Act (ERISA): This act protects employees' pension and retirement benefits but does not regulate union operations.
D' Employee Retirement Income Security Act: This is a duplicate of option C and does not relate to union fraud prevention.
How many members make up the EEOC
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Three
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Four
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Five
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Two
Explanation
Correct Answer C: Five
Explanation
The Equal Employment Opportunity Commission (EEOC) consists of five members, who are appointed by the President and confirmed by the Senate. These commissioners serve staggered five-year terms.
Why other options are wrong
A. Three: The EEOC has five commissioners, not three.
B. Four: The number of EEOC commissioners is an odd number to prevent tie votes.
D. Two: A two-member EEOC would not be able to function effectively in making policy decisions.
Covers all employers engaged in interstate commerce
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Equal Pay Act
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Wagner Act
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OSH Act
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USERRA
Explanation
Correct Answer C: OSH Act
Explanation
The Occupational Safety and Health Act (OSH Act) applies to all employers engaged in interstate commerce, setting workplace health and safety standards to ensure safe working conditions for employees.
Why other options are wrong
A. Equal Pay Act: This law addresses wage discrimination based on gender but does not apply to all employers engaged in interstate commerce.
B. Wagner Act: This law protects workers' rights to organize and bargain collectively but does not regulate all employers engaged in interstate commerce.
D. USERRA: This law protects employment rights for military service members but is not a broad workplace regulation for interstate commerce.
The concept that women and men should receive equal pay for jobs calling for comparable skill and responsibility
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Comparable worth
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Affirmative action
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Disparate impact
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Equal Work for Equal Pay Act
Explanation
Correct Answer A. Comparable worth
Explanation
Comparable worth is the idea that men and women should receive equal pay for jobs requiring similar skills, effort, and responsibility, even if the job titles differ.
Why other options are wrong
B. Affirmative action: This refers to policies that promote opportunities for underrepresented groups but does not specifically address equal pay.
C. Disparate impact: This involves employment practices that unintentionally discriminate against protected groups, rather than addressing pay equality.
D. Equal Work for Equal Pay Act: This is not the correct name for any specific law; the actual law addressing this issue is the Equal Pay Act of 1963.
An employee whose primary duty is the performance of work requiring advanced knowledge in a field of science or learning that is customarily acquired by a prolonged course of specialized intellectual instruction
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Reasonable Person Standard
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General Duty Clause under OSHA
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Worker's Compensation
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Professional Employee under FLSA
Explanation
Correct Answer D. Professional Employee under FLSA
Explanation
A professional employee under the Fair Labor Standards Act (FLSA) is one whose primary duties involve advanced knowledge in a specialized field, typically gained through extensive education.
Why other options are wrong
A. Reasonable Person Standard: This is a legal standard used in negligence cases to determine if someone acted as a reasonable person would, but it does not define an employee classification.
B. General Duty Clause under OSHA: This clause requires employers to provide a safe work environment but does not define types of employees.
C. Worker's Compensation: This is a system that provides benefits to employees injured on the job, not a classification of employees.
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