Question 1

A supervisor receives a complaint from Employee A that Employee B made unwanted sexual comments. The FIRST step should be:

Accepted Answer

Employers have a legal obligation to promptly and thoroughly investigate sexual harassment complaints. Failure to investigate can create or expand liability. The investigation should be impartial, documented, and confidential to the extent possible. Remedial action should follow if the complaint is substantiated.

Question 2

Which of the following describes 'progressive discipline'?

Accepted Answer

Progressive discipline (also called corrective discipline) uses a step-by-step approach: verbal warning → written warning → final warning/suspension → termination. It provides employees notice and an opportunity to improve before termination. Some offenses (theft, violence, gross misconduct) may bypass early steps. Documentation is critical at every stage.

Question 3

Under the NLRA, what is an unfair labor practice (ULP) by an employer?

Accepted Answer

NLRA Section 8(a) prohibits employer unfair labor practices including: interfering with Section 7 rights (concerted activity/union activity), dominating or assisting a labor organization, discriminating against employees for union activity, and refusing to bargain in good faith with a certified union. ULPs are charged with the NLRB.

Question 4

Progressive discipline is a process that:

Accepted Answer

Progressive discipline provides employees with notice of the problem and the opportunity to correct behavior before more serious consequences occur. It demonstrates employer consistency and fairness, which is critical in discrimination or wrongful termination claims.

Question 5

The NLRA (National Labor Relations Act) protects employees' rights to:

Accepted Answer

The NLRA (Wagner Act, 1935) protects employees' Section 7 rights: the right to organize, bargain collectively, and engage in other concerted activities for mutual aid and protection. These rights apply to both union and non-union employees.

Question 6

A bona fide occupational qualification (BFOQ) allows an employer to:

Accepted Answer

A BFOQ is a narrow legal defense permitting employers to consider otherwise protected characteristics (sex, religion, national origin) where it is essential to the job's core function. For example, requiring female attendants for a women's locker room facility.

Question 7

An employee handbook disclaimer stating 'This handbook is not a contract of employment' is important because:

Accepted Answer

Without a disclaimer, courts in some states have held that employee handbooks create implied contracts of employment. A clear disclaimer preserves at-will status, allowing either party to end the employment relationship at any time for any lawful reason.

Question 8

An employer wants to conduct a reduction in force (RIF). Under the Older Workers Benefit Protection Act (OWBPA), which requirement applies to severance agreements waiving ADEA claims?

Accepted Answer

OWBPA requires that individuals be given at least 21 days to consider a severance agreement waiving ADEA rights (45 days for group terminations) and 7 days to revoke after signing. The waiver must also be knowing and voluntary.

Question 9

Which of the following best describes a 'mixed motive' discrimination case?

Accepted Answer

In a mixed-motive case, the plaintiff shows discrimination was a motivating factor, and the employer may reduce liability by proving it would have made the same decision for legitimate reasons — established in Price Waterhouse v. Hopkins and codified by the Civil Rights Act of 1991.

Question 10

Under the National Labor Relations Act (NLRA), which of the following employer actions is an unfair labor practice?

Accepted Answer

Section 8(a)(1) of the NLRA prohibits employers from interfering with, restraining, or coercing employees in the exercise of Section 7 rights. Threatening plant closure to discourage union activity is a classic unfair labor practice (ULP).

Employee & Labor Relations Practice Questions

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