Employment Law Game Questions
Note: This text is designed to be used for training purposes only, and is not intended to be used as legal advice. Federal regulations are updated regularly, and interpretations of these regulations change based on court cases. This could change the information presented here at any time. Instructors and human resource professionals are advised to continuously obtain information and training to stay current on employment law and federal regulations affecting the workplace.
1.Should an interviewer ask applicants if they are authorized to work in the United States?
Yes!
Discussion Point: The interviewer should always determine if the applicant is authorized to work in the United States, because it is against the law to hire an illegal immigrant.
However, the interviewer should not ask if the applicant is a United States citizen (unless the employee will be working on government contracts or government activities that require U.S. citizenship). Asking about an applicant’s citizenship implies possible discrimination based on national origin, which is prohibited by the Civil Rights Act. But a person does not have to be a U.S. citizen to be authorized to work in the United States.
2.If a jury awards the plaintiff in an employment law discrimination case payment for wages lost after the employee was wrongfully terminated, would that be an example of compensatory relief or punitive damages?
This is an example of compensatory relief.
Discussion Point: The Civil Rights Act of 1991 added a provision to allow punitive damages, which are designed to punish a defendant who acted intentionally and/or with malice. The punitive damage option is not available against state or local governments. Normally, when you hear about a very large jury award provided for a plaintiff, you are hearing about punitive damages.
3.Is it legally advisable to have weight and height requirements for jobs that require good physical condition, such as police officers, emergency personnel, etc.?
No!
Discussion Point: It is better to require physical tests that pertain to the essential job functions. Weight and height requirements can imply discrimination under the Americans with Disabilities Act, and although physical appearance is not covered under the Civil Rights Act, many lawsuits have been filed (and these cost the employer money, time, and embarrassment) on the basis of weight discrimination.
Physical tests that can be proven to pertain to the essential job functions virtually eliminate this problem, and they will help you hire better candidates. It is very possible for a person who might be perceived as overweight to be in better physical condition than a person who is considered to be of normal weight. What you are really looking for is the best candidate who can perform on the job, so that is what you should to test for.
4.If an employee reports a sexual harassment complaint to you, but asks you not to do anything about it, should you still report it to your human resource representative?
Yes!
Discussion Point: You are obligated to report the complaint, and/or go with the employee to report the alleged incident to the human resources representative for the company. Explain to the employee that the report will be confidential, on a need-to-know basis. Only those who are required to be involved in the complaint investigation and resulting actions will know about the complaint.
Important: If a company is aware of a potential or actual sexual harassment situation and does nothing, punitive damages may be awarded if a lawsuit ensues.
5.A male supervisor sends his male workers out of town for seminars but does not send his female workers, citing their need to care for their children. What law does this violate?
The Civil Rights Act.
Discussion Point: The Civil Rights Act of 1964 prohibits discrimination on the basis of race, sex, national origin, color, and religion. This can pertain to employment, promotions, training opportunities, and benefits.
In this situation, the employer is out of compliance with the Civil Rights Act because he is denying the female workers a training opportunity (which can lead to advancement in position and pay). Also, the supervisor is setting himself up for a sexual harassment—hostile work environment complaint due to his stereotypical statements.
6.A supervisor asks an applicant if she owns a car to get to her job as a bank teller. Why was this question inappropriate?
It does not pertain to the essential job functions.
Discussion Point: It is only appropriate to ask an applicant if he or she owns a car if the position requires employees to have a car to fulfill their responsibilities. Examples might be pizza delivery personnel or courier service personnel. However, as a bank teller, an employee will not need a car to fulfill his or her job functions.
When interviewing candidates, make sure you stick to questions that pertain to the responsibilities of the job. In the bank teller’s situation, it may be appropriate to ask candidates if they have transportation to work (avoiding the issue of owning a car, which is not required for employment for most jobs), but only if the interviewer asks each candidate the same question.
7.An employer of 50 people fails to send continuation of benefits information to a worker who was laid off. What law does this violate?
COBRA.
Discussion Point: The Consolidated Omnibus Reconciliation Act requires employers with 20 or more employees to provide information regarding continuation of insurance to former employees and retirees and their dependents. This is one of the many reasons it is important for managers to notify their human resources personnel immediately when an employee terminates employment with the company.
Note: If an employee is terminated for gross misconduct, COBRA benefits may not be required; however, a human resource professional should review the situation and make this determination.
8.The I-9 form must be obtained from an employee within how many days of employment?
Three.
Discussion Point: The I-9 form and the appropriate identification documents (appropriate documents are listed on the I-9 form) must be obtained from the employee within three days of employment. For this reason, many employers require these forms to be completed in their new employee orientation programs.
If the employee does not fulfill this obligation within three days of employment, the employer must terminate the employee to avoid being in noncompliance with the Immigration Reform and Control Act of 1986 (IRCA). Special circumstances may exist that would require an employee to provide proof of situations such as an extended work authorization in lieu of these normal requirements.
9.An employer pays below the current minimum wage amount. Which law does this violate?
The Fair Labor Standards Act.
Discussion Point: The Fair Labor Standards Act includes the Equal Pay Act, minimum wage compliance, child labor laws, and regulations pertaining to overtime and the classification of employees into either exempt or nonexempt status.
10.An employee who has been with the company for three years goes on medical leave. The employee demands paid time off during her leave under the Family Medical and Leave Act of 1993. Is she correct?
No!
Discussion Point: The Family Medical and Leave Act Act provides for protected job leave to care for a newly born or adopted child, a family member with a serious illness, for placement of a child for adoption or foster care, or for the employee’s own serious illness.
The law states specific eligibility requirements for the employee to be covered under the act. This law provides for up to 12 weeks of unpaid time within a 12-month period of time. It does not provide for any paid leave time, which is what the question included. Employees may have benefits from their employer that will provide a full or partial paid leave period, such as disability benefits, vacation time, or sick time, but the Family Medical and Leave Act does not require paid leave benefits—only job protection.
11.A 20-year-old woman is turned down for a job as a model for a senior citizen vitamin supplement. The company cited a need for an older model for the job. Is the company in violation of the Age Discrimination Act?
No!
Discussion Point: First, the Age Discrimination Act of 1967 (ADEA) prohibits employment discrimination against individuals over the age of 40. This woman is not over the age of 40; therefore, the company has not violated this law. In addition, the company would have a very valid argument that it is an essential job function to have a model for a senior citizen vitamin supplement who has the appearance of a senior citizen, and virtually all jury members would likely see the validity of this job requirement.
12.A job applicant is asked, “You have an unusual accent. Where are you from?” Is this a legally advisable interview question? Why or why not?
No, this is not a legal question. It suggests potential discrimination based on national origin.
Discussion Point: It is a common mistake for interviewers to ask this question, usually out of curiosity or simply to make conversation. But it can imply that the interviewer is seeking information to determine the candidate’s national origin, and discrimination based on national origin is prohibited by the Civil Rights Act.
Even if the interviewer is asking to determine the part of a country or nation a person is from (e.g., a New York accent versus a Texas accent), this is not a legally advisable question to ask during an interview. Of course, it also has nothing to do with the essential job functions.
13.A company of 500 employees has to lay off 250 full-time employees at one work site immediately. They provide one week of severance pay for each year each employee has worked. Is this legal?
No!
Discussion Point: In this situation, the employer would need to provide either 60 days advance notice of employment termination, or 60 days severance pay. This is covered under the Worker Adjustment and Retraining Notification Act (WARN) of 1989. This law pertains to employers with 100 or more full-time employees (employees who work 20 or more hours per week) who have worked for the company for at least six months, when layoffs of specified numbers or percentages as defined within this law occur.
14.True or False: The Equal Pay Act of 1963 requires that the same compensation be paid for men and women who are working in the same position with the same job title.
False!
Discussion Point: This law provides for differences in compensation between employees of any gender when the difference is based on valid criteria such as differences in productivity or performance levels, differences in experience or background, and differences in educational levels. The law is intended to prohibit differences in compensation between men and women that are not based on any valid and accepted criteria.
15.An employee complains that other workers are using racial slurs and jokes in the workplace. What law is being violated?
The Civil Rights Act.
Discussion Point: Using racial jokes or slurs in the workplace is a form of harassment on the basis of race, which is covered under the Civil Rights Act. The law prohibits a hostile work environment on the basis of race, sex, national origin, color, or religion.
16.A security guard is fired because he has a religious practice of wearing a cap at all times. What law is violated?
The Civil Rights Act.
Discussion Point: This question is based on an actual Equal Employment Opportunity Commission (EEOC) lawsuit in 1999. The jury found in favor of the plaintiff and determined that the employer violated the Civil Rights Act on the basis of religion.
Managers need to take care not to design or try to enforce a dress code that does not respect clothing or attire requirements on the basis of religion, national origin, color, sex, or race. Employers are required to respect religious practices of employees, providing they do not create an undue hardship on the employer or violate the rights of other employees.
17.Due to financial difficulties, an employer requires all employees over 60 to retire. Is this legal? Why or why not?
This is not legal. This falls under the Age Discrimination in Employment Act of 1967.
Discussion Point: This question was also based on an actual EEOC lawsuit in 1999. The Age Discrimination Act protects employees over the age of 40. In this case, the employees were terminated based solely on the basis of age, not on performance or any other criteria.
18.An employer decides not to hire a candidate who cannot leave a wheelchair for the flight attendant position the candidate applied for. Did this violate the Americans with Disabilities Act (ADA)?
No!
Discussion Point: The ADA requires employers to make reasonable accommodations for persons with disabilities that will allow the employee to complete the essential job functions. In this case, two of the essential job functions of a flight attendant are to be able to direct and to assist passengers in the event of an emergency on the plane; a person who could not rise from a wheelchair would not be able to accomplish this effectively. Also, airplane aisles currently would not allow a flight attendant in a wheelchair to serve beverages and food to passengers, and no accommodation could be made without undue hardship on the employer.
However, most often an employer is able to make an accommodation for an employee with a disability without undue hardship. Examples include installing equipment or ramps needed for wheelchair access or providing Braille computer keypads.
19.A company defines all of its assembly line employees as exempt, so they can take compensatory time instead of being paid overtime, per their own request. Is this legal? Why or why not?
No. This is a Fair Labor Standards Act violation.
Discussion Point: The Fair Labor Standards Act (FSLA) contains specific definitions of exempt employees (who would not receive overtime pay) and nonexempt employees. Nonexempt employees must be provided overtime pay according to the laws of their state.
It would be virtually impossible for assembly line workers (who are not supervisors or managers) to qualify for exempt status as defined in the FSLA. Therefore, even if the employees prefer and request “comp time” rather than overtime pay for extra hours worked, the law requires that they be paid the overtime amount.
20.Name any two federal laws that prohibit employment discrimination.
Possible answers include:
— The Civil Rights Act of 1964 and the amended CRA of 1991
— The Equal Pay Act
— The Age Discrimination Act
— The Americans with Disabilities Act
— Section 501 of the Rehabilitation Act of 1973
Discussion Point: The Equal Employment Opportunity Commission (EEOC) oversees all of these laws. Supervisors and managers may think that knowledge of these laws is important only for human resource professionals. It’s true that the supervisor and manager should partner with and rely on the HR professional to handle the situations that require expertise. But supervisors and managers need to have a basic understanding of what is covered in the laws to avoid making compliance errors during the normal course of business, and to work more effectively with the HR professional.
©McGraw-Hill 2002.