Question 1

Under Title VII of the Civil Rights Act of 1964, which of the following is NOT a protected class?

Accepted Answer

Title VII protects race, color, religion, sex, and national origin. Sexual orientation was not explicitly covered by Title VII until the Supreme Court's 2020 ruling in Bostock v. Clayton County, which held that Title VII's prohibition on sex discrimination extends to sexual orientation and gender identity. For PHR purposes, know the original five protected classes and that Bostock expanded coverage.

Question 2

Under the FMLA, an employee is entitled to how many weeks of unpaid, job-protected leave per year?

Accepted Answer

The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave per 12-month period for qualifying reasons (serious health condition of employee or immediate family member, birth/adoption/foster placement of a child, qualifying military exigencies). Military caregiver leave may extend to 26 weeks.

Question 3

Which FLSA classification correctly requires payment of overtime at 1.5× the regular rate for hours over 40 per week?

Accepted Answer

Non-exempt employees must receive overtime pay at 1.5× their regular rate for all hours worked beyond 40 in a workweek. Exempt employees (meeting salary basis and duties tests under FLSA white-collar exemptions) are not entitled to overtime. Independent contractors and volunteers are not covered by FLSA.

Question 4

An employee discloses a disability and requests a schedule adjustment. Under the ADA, the employer's next step should be:

Accepted Answer

The ADA requires employers (15+ employees) to engage in a good-faith interactive process with the employee to identify and implement a reasonable accommodation that allows the employee to perform essential job functions — unless it causes undue hardship. Neither automatic denial nor automatic granting is required; the interactive process is the legal standard.

Question 5

Under the NLRA, which of the following is protected concerted activity?

Accepted Answer

The NLRA protects employees' rights to engage in concerted activity — including discussing wages, hours, and working conditions with coworkers — whether or not there is a union. Employer policies that prohibit employees from discussing pay with coworkers typically violate the NLRA. Note: confidentiality rules that prevent sharing trade secrets are different from wage-discussion rules.

Question 6

The ADEA (Age Discrimination in Employment Act) protects workers who are:

Accepted Answer

The ADEA protects workers aged 40 and older from age-based discrimination in hiring, firing, pay, promotions, and other employment terms. It applies to employers with 20 or more employees. There is no upper age cap — the ADEA protects employees regardless of how old they are, as long as they are at least 40.

Question 7

Under the Americans with Disabilities Act (ADA), an employer must provide a reasonable accommodation unless it causes what?

Accepted Answer

The ADA requires reasonable accommodation for qualified individuals with disabilities unless doing so would cause undue hardship — significant difficulty or expense relative to the employer's resources.

Question 8

Which federal law prohibits employers with 50 or more employees from retaliating against workers who take qualifying leave?

Accepted Answer

The FMLA protects employees at covered employers (50+ employees) who take up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons, and prohibits retaliation for taking that leave.

Question 9

An employee is terminated one week after filing an OSHA complaint. Which legal doctrine most directly supports a retaliation claim?

Accepted Answer

Temporal proximity — the close timing between a protected activity (filing an OSHA complaint) and an adverse action (termination) — is key evidence supporting a retaliation claim under whistleblower protection statutes.

Question 10

Under the FLSA, which of the following workers is most likely classified as non-exempt?

Accepted Answer

Non-exempt employees are entitled to overtime pay. A customer service rep without management duties and below the salary threshold ($684/week) does not meet any FLSA exemption test — making them non-exempt and eligible for overtime.

Federal Employment Law (Title VII, ADA, FMLA, FLSA, NLRA) Practice Questions

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