Take The HR Legal Considerations Quiz Questions!

1. True or False: Under the ADA, alcoholics and rehabilitated drug users are considered to be to be disabled and are allowed reasonable time off to deal with their illness.

True

False

Under the Americans with Disabilities Act (ADA), alcoholics and rehabilitated drug users are considered to be disabled. This means that they are protected from discrimination in the workplace and are entitled to reasonable accommodations to help them deal with their illness, including reasonable time off. This recognition of addiction as a disability aims to ensure equal opportunities and support for individuals in recovery.

Explanation

Under the Americans with Disabilities Act (ADA), alcoholics and rehabilitated drug users are considered to be disabled. This means that they are protected from discrimination in the workplace and are entitled to reasonable accommodations to help them deal with their illness, including reasonable time off. This recognition of addiction as a disability aims to ensure equal opportunities and support for individuals in recovery.

2. In an involuntary termination, an employer fires the employee or removes the employee from his or her job. An involuntary termination is usually the result of an employer's ________ with an employee or an economic downturn.

Bad attitude

Dissatisfaction

Lack of empathy

None of the above

In an involuntary termination, an employer fires the employee or removes the employee from his or her job. An involuntary termination is usually the result of an employer's dissatisfaction with an employee or an economic downturn.

Explanation

In an involuntary termination, an employer fires the employee or removes the employee from his or her job. An involuntary termination is usually the result of an employer's dissatisfaction with an employee or an economic downturn.

3. Is drug testing permissible before you offer someone a job?

Yes, because it is not considered a medical test

No, because it is considered a medical test

Drug testing before offering someone a job is permissible because it is not considered a medical test. Medical tests typically involve invasive procedures or the collection of personal health information, whereas drug testing focuses solely on detecting the presence of drugs in a person's system. As drug use can affect job performance and safety, employers have the right to ensure that potential employees are drug-free before making a hiring decision.

Explanation

Drug testing before offering someone a job is permissible because it is not considered a medical test. Medical tests typically involve invasive procedures or the collection of personal health information, whereas drug testing focuses solely on detecting the presence of drugs in a person's system. As drug use can affect job performance and safety, employers have the right to ensure that potential employees are drug-free before making a hiring decision.

4. How long can FMLA leave be extended?

One week

One month

One year

Indefinitely, depending on the company and the circumstance.

FMLA leave can be extended indefinitely depending on the company and the circumstance. The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave for certain family and medical reasons. However, in certain cases where the employee's condition or situation requires a longer leave, FMLA leave can be extended beyond the initial 12 weeks. The extension of leave depends on the company's policies and the specific circumstances surrounding the employee's situation.

Explanation

FMLA leave can be extended indefinitely depending on the company and the circumstance. The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave for certain family and medical reasons. However, in certain cases where the employee's condition or situation requires a longer leave, FMLA leave can be extended beyond the initial 12 weeks. The extension of leave depends on the company's policies and the specific circumstances surrounding the employee's situation.

5. If a supervisor says during an annual review, "if you perform well in this job, you'll be a VP by next fall" is it legally binding?

Yes, they can file a suit claiming breach of contract

No, only written declarations are legally binding

The statement made by the supervisor during the annual review could be considered a verbal contract. While written contracts are typically more enforceable, verbal contracts can still be legally binding in certain situations. If the employee can prove that the supervisor made a promise of promotion based on their performance, and the employee relied on that promise to their detriment, they may have a valid claim for breach of contract. However, the outcome would ultimately depend on the specific circumstances and evidence presented in court.

Explanation

The statement made by the supervisor during the annual review could be considered a verbal contract. While written contracts are typically more enforceable, verbal contracts can still be legally binding in certain situations. If the employee can prove that the supervisor made a promise of promotion based on their performance, and the employee relied on that promise to their detriment, they may have a valid claim for breach of contract. However, the outcome would ultimately depend on the specific circumstances and evidence presented in court.

6. True or False: In the Brussels and Bradshaw case, the 70-120 hour weeks that Audrey Locke was working were unlawful because Audrey was an non-exempt teammate and she was not getting paid overtime for working over 40 hours in the week

True

False

The statement is false because it states that Audrey Locke was not getting paid overtime for working over 40 hours in the week. However, the question does not provide any information about Audrey's payment or whether she was exempt or non-exempt. Therefore, we cannot conclude whether the 70-120 hour weeks were unlawful or not based on the given information.

Explanation

The statement is false because it states that Audrey Locke was not getting paid overtime for working over 40 hours in the week. However, the question does not provide any information about Audrey's payment or whether she was exempt or non-exempt. Therefore, we cannot conclude whether the 70-120 hour weeks were unlawful or not based on the given information.

7. In what year was the Family and Medical Leave Act signed into law?

1991

1992

1993

1994

The correct answer is 1993 because the Family and Medical Leave Act was signed into law in that year. This act allows eligible employees to take unpaid leave for family and medical reasons without the fear of losing their job. It provides up to 12 weeks of protected leave per year for reasons such as the birth or adoption of a child, caring for a seriously ill family member, or the employee's own serious health condition. The act was signed by President Bill Clinton on February 5, 1993, and has since been an important protection for workers in the United States.

Explanation

The correct answer is 1993 because the Family and Medical Leave Act was signed into law in that year. This act allows eligible employees to take unpaid leave for family and medical reasons without the fear of losing their job. It provides up to 12 weeks of protected leave per year for reasons such as the birth or adoption of a child, caring for a seriously ill family member, or the employee's own serious health condition. The act was signed by President Bill Clinton on February 5, 1993, and has since been an important protection for workers in the United States.