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Certified Public Labor Attorney Exam study materials
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Certified Public Labor Attorney Exam practice questions

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Question 1Labor and Employment Law Foundations

Under the National Labor Relations Act, which term describes the group of employees that a union seeks to represent in a single bargaining unit?

  1. The grievance panel
  2. The appropriate bargaining unit Correct answer.
  3. The concerted activity group
  4. The craft jurisdiction

Explanation

The NLRA charges the NLRB with determining whether a proposed group of employees constitutes an appropriate bargaining unit before directing a representation election. The unit defines which employees vote and whom the union would represent. Craft jurisdiction and concerted activity are related labor law concepts but do not name that group.

Question 2Labor and Employment Law Foundations

Which federal statute primarily governs minimum wage, overtime, and child labor standards for covered employees?

  1. The Fair Labor Standards Act Correct answer.
  2. The Employee Retirement Income Security Act
  3. The Labor Management Relations Act
  4. The Occupational Safety and Health Act

Explanation

The FLSA sets federal minimum wage, overtime premium, recordkeeping, and child labor rules for employees covered by its provisions. The LMRA addresses union-management relations, while OSHA and ERISA regulate workplace safety and employee benefit plans respectively.

Question 3Labor and Employment Law Foundations

A private-sector employer terminates an employee because the employee filed a charge with the EEOC alleging race discrimination. Which legal theory most directly describes this employer conduct?

  1. Retaliation Correct answer.
  2. Bona fide occupational qualification
  3. Affirmative action
  4. Disparate impact

Explanation

Title VII and related statutes prohibit punishing employees for filing discrimination charges or participating in investigations, which is retaliation. Disparate impact concerns neutral policies with disproportionate effects, and a BFOQ is a narrow defense to certain discrimination claims.

Question 4Labor and Employment Law Foundations

Which agency administers and enforces the federal Occupational Safety and Health Act?

  1. The Occupational Safety and Health Administration Correct answer.
  2. The Wage and Hour Division
  3. The National Labor Relations Board
  4. The Equal Employment Opportunity Commission

Explanation

OSHA, within the Department of Labor, sets and enforces workplace safety and health standards under the OSH Act. The NLRB handles representation and unfair labor practice matters, the EEOC enforces federal antidiscrimination laws, and the Wage and Hour Division enforces wage statutes.

Question 5Labor and Employment Law Foundations

An employer and union sign a collective bargaining agreement containing a clause requiring employees to pay union dues as a condition of employment. In a state without a right-to-work law, this arrangement is generally described as which type of shop?

  1. Union shop Correct answer.
  2. Closed shop
  3. Agency shop
  4. Open shop

Explanation

A union shop permits hiring of nonmembers but requires employees to join or pay dues after hire. A closed shop, requiring union membership before hire, is largely prohibited under federal labor law. An agency shop requires fees but not formal membership, and an open shop requires neither.

Question 6Labor and Employment Law Foundations

Which federal law prohibits employers with 15 or more employees from discriminating on the basis of race, color, religion, sex, or national origin?

  1. The Age Discrimination in Employment Act
  2. The Americans with Disabilities Act
  3. Title VII of the Civil Rights Act of 1964 Correct answer.
  4. The Equal Pay Act

Explanation

Title VII covers employers with 15 or more employees and prohibits discrimination based on race, color, religion, sex, and national origin. The ADEA addresses age, the ADA addresses disability, and the Equal Pay Act addresses sex-based wage disparities.

Question 7Labor and Employment Law Foundations

An employee covered by the FLSA works 45 hours in a workweek and is not exempt. At what rate must the employer compensate the five overtime hours?

  1. The regular rate only
  2. Twice the regular rate
  3. One and one-half times the regular rate Correct answer.
  4. The federal minimum wage

Explanation

The FLSA requires payment of at least one and one-half times the employee's regular rate for hours worked beyond 40 in a workweek. The regular rate is generally total straight-time compensation divided by hours worked, and it may exceed the minimum wage.

Question 8Labor and Employment Law Foundations

In labor law terminology, what does the duty to bargain in good faith primarily require of an employer and a union?

  1. Meeting and negotiating over mandatory subjects of bargaining Correct answer.
  2. Refraining from any communication with employees
  3. Reaching an agreement on every proposal
  4. Submitting all disputes to binding arbitration

Explanation

The NLRA obliges parties to meet at reasonable times and bargain in good faith over wages, hours, and other mandatory terms and conditions of employment. It does not compel either party to concede or reach an agreement. Refusing to bargain or bargaining with no intent to reach agreement violates the duty.

Question 9Labor and Employment Law Foundations

An employer maintains a written rule barring employees from discussing their wages with coworkers. Under the NLRA, how is this rule generally analyzed?

  1. It is unlawful only if a union has been certified
  2. It is lawful only if the employer is nonunion
  3. It is likely unlawful because wage discussions are protected concerted activity Correct answer.
  4. It is lawful because wages are confidential business information

Explanation

Section 7 protects employees' rights to discuss wages and other terms of employment as concerted activity for mutual aid or protection. A blanket prohibition on wage discussions generally infringes that right and may be an unfair labor practice. The protection does not depend on union status.

Question 10Labor and Employment Law Foundations

A job requirement that applicants possess a high school diploma disproportionately excludes members of a protected racial group. Which framework applies to evaluate whether the requirement violates Title VII?

  1. After-acquired evidence analysis
  2. Mixed-motive analysis
  3. Disparate impact analysis Correct answer.
  4. Bona fide seniority system analysis

Explanation

A facially neutral requirement with a disproportionate adverse effect on a protected group is evaluated under disparate impact doctrine. The employer may defend by showing the requirement is job-related and consistent with business necessity. Mixed-motive and after-acquired evidence address different evidentiary situations.

Question 11Labor and Employment Law Foundations

Under the ADA, when is an employer required to provide a reasonable accommodation to a qualified individual with a disability?

  1. Whenever the employee requests any accommodation
  2. Only after the employee files an EEOC charge
  3. When the accommodation would enable the individual to perform essential job functions without undue hardship Correct answer.
  4. Only when the disability is visible

Explanation

The ADA requires reasonable accommodation for a qualified individual with a disability unless it imposes undue hardship on the employer. Accommodation may include modifications to the job or work environment that allow performance of essential functions. The obligation is not triggered only by visible disabilities or formal charges.

Question 12Labor and Employment Law Foundations

An employer learns that a union organizing campaign is underway and announces a wage increase for all employees shortly before the election. Which legal concern is most relevant?

  1. Whether the increase violates the FLSA overtime rules
  2. Whether the increase requires EEOC approval
  3. Whether the increase constitutes a lockout
  4. Whether the timing makes the benefit an unlawful promise to influence the election Correct answer.

Explanation

Granting or promising benefits during a union campaign may be an unfair labor practice if timed to influence employees' votes. The NLRB examines whether the benefit was conferred in a context that reasonably tended to coerce employees. Lawful, preexisting, or clearly justified changes are treated differently.

Question 13Labor and Employment Law Foundations

Which of the following best describes the concept of joint employment in the context of federal labor and employment law?

  1. An employer and a union jointly set wage rates
  2. Two employees share a single job position
  3. A single entity employs workers in two different states
  4. Two or more entities share or codetermine matters governing the essential terms and conditions of employment Correct answer.

Explanation

Joint employment exists when separate entities share or codetermine essential terms and conditions of employment, which can affect liability under labor and wage laws. The concept depends on control over employment matters, not geography or union involvement. Job sharing by employees is unrelated.

Question 14Labor and Employment Law Foundations

An employee files an internal complaint of sexual harassment. The employer promptly investigates and takes corrective action. In a Title VII hostile work environment claim against the employer, which defense is most relevant if no tangible employment action occurred?

  1. The Faragher-Ellerth affirmative defense Correct answer.
  2. The BFOQ defense
  3. The business necessity defense
  4. The after-acquired evidence doctrine

Explanation

When no tangible employment action is taken, an employer may assert the Faragher-Ellerth defense by showing it exercised reasonable care to prevent and correct harassment and the employee unreasonably failed to use available protections. Business necessity and BFOQ apply in other discrimination contexts.

Question 15Labor and Employment Law Foundations

Under the ADEA, which group of individuals is protected from age discrimination?

  1. Individuals age 55 and older
  2. Individuals age 40 and older Correct answer.
  3. All individuals regardless of age
  4. Individuals under age 30

Explanation

The ADEA protects individuals who are at least 40 years old from age-based discrimination in employment. It does not protect younger workers from age discrimination, and coverage is not limited to those 55 and older.

Question 16Labor and Employment Law Foundations

A collective bargaining agreement contains a mandatory arbitration clause covering discharge disputes. An employee covered by the agreement claims wrongful discharge. Which doctrine generally requires the employee to use the contractual grievance and arbitration process?

  1. The parol evidence rule
  2. The doctrine of respondeat superior
  3. The employment-at-will doctrine
  4. The presumption of arbitrability established in the Steelworkers Trilogy Correct answer.

Explanation

The Steelworkers Trilogy establishes a presumption that grievances arising under a collective bargaining agreement are arbitrable unless clearly excluded. Employees typically must exhaust contractual grievance procedures before litigating. Employment at will and respondeat superior address different issues.

Question 17Labor and Employment Law Foundations

An employer refuses to provide a union with information about employee wages and job classifications that the union needs to negotiate a new contract. How is this refusal best characterized under the NLRA?

  1. A violation only if the information is publicly available
  2. A refusal to bargain in good faith because the information is relevant and necessary Correct answer.
  3. A protected employer free speech right
  4. A lawful exercise of management prerogative with no bargaining implications

Explanation

An employer must furnish a union with relevant information needed for bargaining over mandatory subjects such as wages and classifications. Unjustified refusal to provide such data can constitute a refusal to bargain in good faith. Public availability or free speech concerns do not eliminate the duty.

Question 18Labor and Employment Law Foundations

Which statute requires covered employers to provide eligible employees with up to 12 weeks of unpaid leave for specified family and medical reasons?

  1. The Americans with Disabilities Act
  2. The Fair Labor Standards Act
  3. The Family and Medical Leave Act Correct answer.
  4. The Pregnancy Discrimination Act

Explanation

The FMLA entitles eligible employees of covered employers to up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons. The FLSA governs wages and hours, the ADA governs disability discrimination and accommodation, and the PDA addresses pregnancy discrimination.

Question 19Labor and Employment Law Foundations

During a representation election campaign, an employer tells employees that if they select the union the plant will close. The statement is not based on any objective evidence. How is this statement best analyzed under NLRB standards?

  1. It is unlawful only if the union loses the election
  2. It is protected employer speech because it addresses economic consequences
  3. It may be an unlawful threat of reprisal because it lacks a factual basis Correct answer.
  4. It is lawful because the employer has a right to close the plant

Explanation

An employer may express views on unionization, but threats of plant closure or reprisal made without objective support may coerce employees and constitute an unfair labor practice. The Board evaluates whether the statement reasonably tends to interfere with free choice. Lawfulness does not depend on the election outcome.

Question 20Labor and Employment Law Foundations

Which of the following is a mandatory subject of bargaining under the NLRA?

  1. The union's internal election procedures
  2. Wages, hours, and other terms and conditions of employment Correct answer.
  3. The identity of the employer's outside legal counsel
  4. The employer's decision to change its product line

Explanation

Mandatory subjects include wages, hours, and other terms and conditions of employment, over which the parties must bargain in good faith. Certain core entrepreneurial decisions and internal union governance are not mandatory subjects. Refusing to bargain over mandatory subjects is an unfair labor practice.

Question 21Labor and Employment Law Foundations

An employee with a serious health condition exhausts FMLA leave but needs additional time off. Which statute is most likely to require the employer to consider additional leave as a reasonable accommodation?

  1. The Americans with Disabilities Act Correct answer.
  2. The Age Discrimination in Employment Act
  3. The Fair Labor Standards Act
  4. The National Labor Relations Act

Explanation

Beyond FMLA entitlements, the ADA may require additional unpaid leave as a reasonable accommodation for a qualified individual with a disability, absent undue hardship. The FLSA, NLRA, and ADEA do not create accommodation obligations for health-related leave.

Question 22Labor and Employment Law Foundations

An employer adopts a policy that all employees must speak only English at all times, including during breaks, regardless of job duties. Under EEOC guidance, how is this policy best evaluated?

  1. It is presumptively unlawful because a broad English-only rule is not justified by business necessity Correct answer.
  2. It is unlawful only if a customer complains
  3. It is lawful because English is the language of the workplace
  4. It is lawful if the employer has at least 15 employees

Explanation

The EEOC treats broad English-only rules, especially those covering breaks, as presumptively unlawful because they may constitute national origin discrimination. An employer may justify a limited rule by showing business necessity for specific positions or situations. Employer size and customer complaints do not determine validity.

Question 23Labor and Employment Law Foundations

An employer and union negotiate a new contract that includes a union security clause. An employee objects to paying the portion of dues used for political and ideological activities unrelated to collective bargaining. What is the employee's strongest legal position?

  1. The employee must pay the full amount or be discharged
  2. The employee may be required to pay only the portion of fees germane to collective bargaining and may object to the rest Correct answer.
  3. The employee must pay full dues but may demand a refund of all amounts
  4. The employee may avoid all fees because union security clauses are void

Explanation

Under Supreme Court precedent, nonmembers who object to subsidizing nonrepresentational activities may be charged only the portion of fees germane to collective bargaining, representation, and contract administration. Union security clauses are not void, and full payment cannot be compelled over a proper objection.

Question 24Labor and Employment Law Foundations

A supervisor makes a single isolated comment of a sexual nature to an employee. The employee sues for hostile work environment harassment. Which element is most likely to be dispositive in evaluating the claim?

  1. Whether the employee reported the comment within 24 hours
  2. Whether the supervisor intended to offend the employee
  3. Whether the employer has a written antiharassment policy
  4. Whether the conduct was severe or pervasive enough to alter the conditions of employment Correct answer.

Explanation

A hostile work environment claim requires conduct severe or pervasive enough to create an abusive working environment and alter the terms of employment. An isolated comment often fails this threshold, though severity can compensate for frequency. The supervisor's intent and the existence of a policy are relevant but not dispositive.

Question 25Labor and Employment Law Foundations

During bargaining, an employer insists to impasse on a proposal that would eliminate the union's access to employee contact information and prohibit all union communication on employer premises. How is this proposal best analyzed under the NLRA?

  1. Insistence to impasse on a nonmandatory subject may constitute an unfair labor practice Correct answer.
  2. It is permissible because employers may insist on any term to impasse
  3. It is unlawful only if the union rejects the proposal
  4. It is permissible because the proposal concerns employer property

Explanation

Parties may bargain over permissive subjects but may not insist on them to the point of impasse, because doing so can amount to a refusal to bargain over mandatory terms. Proposals restricting union communication may implicate statutory rights and are not automatically lawful simply because they concern property. The violation turns on insistence to impasse, not the union's response alone.

Question 26Labor and Employment Law Foundations

Which federal statute is the primary source of the duty to bargain collectively and defines unfair labor practices by both employers and unions?

  1. The Employee Retirement Income Security Act
  2. The National Labor Relations Act Correct answer.
  3. The Immigration Reform and Control Act
  4. The Fair Labor Standards Act

Explanation

The National Labor Relations Act, enacted in 1935 and amended by the Taft-Hartley and Landrum-Griffin Acts, establishes the right to organize, the duty to bargain in good faith, and the unfair labor practice framework enforced by the NLRB. The other statutes address wages and hours, pension fiduciary standards, and immigration compliance respectively.

Question 27Labor and Employment Law Foundations

A non-exempt employee earns $12.00 per hour and works 48 hours in a workweek. Assuming no other compensation, what is the employee's total gross pay for that week under the FLSA?

  1. $624.00 Correct answer.
  2. $648.00
  3. $720.00
  4. $576.00

Explanation

The FLSA requires straight time for all hours worked plus an overtime premium of one-half the regular rate for hours over 40. Here the employee earns $480.00 for the first 40 hours plus $144.00 for 8 overtime hours at $18.00, totaling $624.00. Paying only straight time for overtime hours, or paying the full double rate, both misstate the Act's premium requirement.

Question 28Labor and Employment Law Foundations

Under the Labor Management Relations Act, which type of union conduct constitutes an illegal secondary boycott?

  1. A union filing an unfair labor practice charge against an employer that refuses to bargain
  2. A union refusing to cross a picket line established by another union at a common worksite
  3. A union pressuring a neutral employer to stop doing business with a struck employer Correct answer.
  4. A union picketing an employer with whom it has a primary dispute over wages

Explanation

Section 8(b)(4) of the LMRA prohibits a union from pressuring a neutral, or secondary, employer to cease dealing with a primary employer involved in a labor dispute. Primary picketing at the disputing employer's own premises, protected refusal to cross another union's picket line, and filing charges are all lawful activity.

Question 29Labor and Employment Law Foundations

An employer's written handbook states that employees are employed "at will" but also lists progressive discipline steps as mandatory before termination. A court applying contract principles to the handbook most likely will do what?

  1. Hold that handbooks can never create enforceable obligations under any circumstances
  2. Treat the handbook as a binding contract requiring cause for every discharge
  3. Consider whether the discipline provisions created an implied limitation on the at-will relationship Correct answer.
  4. Enforce the at-will disclaimer and disregard the discipline provisions entirely

Explanation

Courts generally examine handbook language as a whole to determine whether an employer's stated discipline procedures created a reasonable expectation limiting discharge without cause, even where a disclaimer exists. A blanket rule ignoring either the disclaimer or the discipline provisions oversimplifies the analysis; the outcome turns on the specific language and jurisdiction.

Question 30Labor and Employment Law Foundations

An employer discharges a worker who filed a safety complaint with a federal agency. The worker sues, and the employer argues the discharge was lawful because the worker was an at-will employee. Which doctrine most directly defeats that defense?

  1. The employment-at-will doctrine itself
  2. The doctrine of respondeat superior
  3. The doctrine of promissory estoppel
  4. The public policy exception to at-will employment Correct answer.

Explanation

The public policy exception bars discharge when the termination contravenes a clear mandate of public policy, such as retaliation for reporting statutory violations or exercising a legal right. At-will status does not authorize retaliation against protected activity. Respondeat superior concerns vicarious liability, and promissory estoppel concerns reliance on a promise.

Question 31Employment Discrimination and Equal Opportunity

Under Title VII of the Civil Rights Act of 1964, which employers are covered as employers subject to the statute's prohibitions?

  1. Employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year Correct answer.
  2. Employers with 25 or more employees at any point during the current calendar year
  3. Employers with 50 or more employees for 20 consecutive weeks in the preceding year
  4. All employers regardless of the number of employees

Explanation

Title VII's definition of employer reaches persons engaged in an industry affecting commerce with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year. The threshold is a jurisdictional element, so a plaintiff must show it to proceed. The 50-employee figure belongs to other statutes such as the FMLA, not Title VII.

Question 32Employment Discrimination and Equal Opportunity

A charging party wants to file an administrative charge alleging a violation of Title VII. In a state that has a worksharing agreement with the EEOC and its own fair employment agency, what is the general filing deadline for the federal charge?

  1. 90 days from the alleged unlawful employment practice
  2. Two years from the alleged unlawful employment practice
  3. 180 days from the alleged unlawful employment practice
  4. 300 days from the alleged unlawful employment practice Correct answer.

Explanation

In a deferral jurisdiction where a state or local agency enforces a law prohibiting the same practice, the Title VII charge deadline extends to 300 days from the discriminatory act, or 30 days after receipt of notice that the state proceeding has terminated, whichever is earlier. In non-deferral jurisdictions the period is 180 days. Missing the deadline generally bars the claim.

Question 33Employment Discrimination and Equal Opportunity

An employer adopts a written policy stating that no employee may discuss pay with coworkers and that violators will be disciplined. Which legal exposure does this policy most directly create?

  1. Liability under the Equal Pay Act for maintaining discriminatory wage rates
  2. An unfair labor practice under the NLRA because it interferes with protected concerted activity about wages Correct answer.
  3. Liability under the ADEA for disparate impact on older workers
  4. A violation of Title VII's prohibition on retaliation for opposing unlawful practices

Explanation

Section 7 of the National Labor Relations Act protects employees' concerted activity concerning wages and working conditions, and the NLRB treats broad pay-secrecy rules as unlawfully chilling that activity. The policy is unlawful on its face regardless of whether wages are actually discriminatory. It does not, by itself, establish an Equal Pay Act violation or a Title VII retaliation claim.

Question 34Employment Discrimination and Equal Opportunity

Which theory of discrimination allows a plaintiff to prevail under Title VII without proof of discriminatory intent by showing that a facially neutral employment practice has a disproportionately adverse effect on a protected group?

  1. Mixed motive
  2. Disparate treatment
  3. Disparate impact Correct answer.
  4. Pattern or practice

Explanation

Disparate impact targets facially neutral policies that disproportionately exclude protected groups, and intent is irrelevant to establishing the prima facie case. The employer may defend by showing the practice is job related and consistent with business necessity. Disparate treatment and mixed-motive theories, by contrast, require proof of discriminatory motive.

Question 35Employment Discrimination and Equal Opportunity

A 58-year-old applicant is rejected for a sales role. The employer says it hired a 26-year-old because the team needs "fresh energy and a long runway." Which statement best describes the applicant's strongest ADEA theory?

  1. Disparate treatment, because the stated reason ties the decision to age-based assumptions Correct answer.
  2. Retaliation, because the applicant previously complained about age bias
  3. Disparate impact, because the hiring criterion screens out older applicants statistically
  4. Hostile work environment, because the comment created an abusive workplace

Explanation

A decision explained by age-coded assumptions such as "fresh energy" and "long runway" is direct evidence supporting intentional age discrimination under the ADEA. Disparate impact requires a facially neutral practice with statistical adverse effect, which is not what the stated reason reflects. The applicant has no prior protected activity and no employment relationship to support the other theories.

Question 36Employment Discrimination and Equal Opportunity

Under the Age Discrimination in Employment Act, which defense permits an employer to treat age as a bona fide occupational qualification?

  1. A bona fide occupational qualification reasonably necessary to the normal operation of the particular business Correct answer.
  2. A collective bargaining agreement that sets a mandatory retirement age
  3. Any customer preference for younger service staff
  4. A reasonable factor other than age applied uniformly

Explanation

The ADEA permits age-based distinctions where age is a bona fide occupational qualification reasonably necessary to the normal operation of the business. The BFOQ defense is construed narrowly and typically requires a showing that all or substantially all persons over the age limit cannot perform safely and efficiently. Customer preference and ordinary cost considerations do not satisfy it.

Question 37Employment Discrimination and Equal Opportunity

An employee with a disability requests a modified schedule as an accommodation. Under the Americans with Disabilities Act, which standard governs whether the employer must provide it?

  1. The employer must provide a reasonable accommodation unless it would impose an undue hardship Correct answer.
  2. The employer may refuse any accommodation that is inconvenient to supervisors
  3. The employer must provide accommodation only if the employee is totally unable to work
  4. The employer must provide any accommodation the employee requests, regardless of cost

Explanation

The ADA requires reasonable accommodation of a qualified individual's known disability unless the accommodation would impose an undue hardship on the operation of the business. Undue hardship considers factors such as cost, resources, and disruption. The duty is individualized and interactive, not unlimited, and inconvenience alone is not enough to refuse.

Question 38Employment Discrimination and Equal Opportunity

A production employer requires all machine operators to pass a physical agility test. The test has never been validated against job performance and disproportionately excludes women. Which framework applies to the challenge?

  1. Bona fide occupational qualification, with the employer required to show customer preference
  2. Disparate impact, with the employer required to show the test is job related and consistent with business necessity Correct answer.
  3. Merit system exception, which automatically insulates the test from review
  4. Disparate treatment, with the employee required to show the test was adopted with animus

Explanation

A facially neutral selection criterion that disproportionately excludes a protected group is evaluated under disparate impact, and the employer must demonstrate the criterion is job related for the position and consistent with business necessity. Lack of validation is central to the employee's prima facie case. Disparate treatment would require evidence of intent, which this scenario does not supply.

Question 39Employment Discrimination and Equal Opportunity

An employer's policy prohibits hiring anyone with a criminal conviction. A statistical analysis shows the policy screens out Black applicants at a substantially higher rate than white applicants. What must the employer show to defend the policy under Title VII?

  1. That the policy is applied consistently to all applicants
  2. That the policy is job related for the position and consistent with business necessity Correct answer.
  3. That the policy was recommended by an outside consultant
  4. That no applicant has ever objected to the policy

Explanation

A blanket conviction exclusion producing a disparate impact must be justified as job related and consistent with business necessity, which generally requires an individualized assessment of the conviction's relationship to the job. Consistent application does not cure discriminatory effect. EEOC guidance treats an arrest record or conviction as relevant only when it bears on fitness for the particular position.

Question 40Employment Discrimination and Equal Opportunity

Which federal statute prohibits compensation discrimination on the basis of sex for substantially equal work performed in the same establishment under similar working conditions?

  1. The Age Discrimination in Employment Act of 1967
  2. The Rehabilitation Act of 1973
  3. The Equal Pay Act of 1963 Correct answer.
  4. Title VII of the Civil Rights Act of 1964

Explanation

The Equal Pay Act prohibits paying different wages to men and women for substantially equal work in the same establishment requiring equal skill, effort, and responsibility under similar working conditions. It is part of the Fair Labor Standards Act and has its own defenses, such as a seniority system or a factor other than sex. Title VII also reaches pay discrimination but uses a broader framework.

Question 41Employment Discrimination and Equal Opportunity

An employee tells her supervisor that a coworker's repeated racial slurs are making it difficult to work. The supervisor takes no action, and the conduct continues for months. Which claim is the employee's strongest?

  1. Hostile work environment harassment, because the employer knew of severe or pervasive conduct and failed to respond Correct answer.
  2. Retaliation, because the employee reported the conduct
  3. Disparate impact, because the slurs affected a protected group statistically
  4. Quid pro quo harassment, because the supervisor failed to act

Explanation

A hostile work environment claim requires unwelcome conduct based on a protected characteristic that is severe or pervasive and that the employer knew of and failed to remedy. The employee's complaint to the supervisor supplies notice, and the supervisor's inaction supports employer liability. Quid pro quo requires a tangible employment action conditioned on submission to demands, which is absent here.

Question 42Employment Discrimination and Equal Opportunity

In a Title VII case, the plaintiff establishes a prima facie case of discrimination and the employer articulates a legitimate, nondiscriminatory reason for its action. What is the plaintiff's burden at the next stage under the McDonnell Douglas framework?

  1. To prove the employer's reason is not the only reason for the decision
  2. To prove the employer's stated reason is pretextual for discrimination Correct answer.
  3. To prove the stated reason is false, which automatically entitles the plaintiff to judgment
  4. To prove the employer acted with malice or reckless indifference

Explanation

Once the employer satisfies its burden of production by articulating a legitimate reason, the plaintiff must show that the stated reason is pretextual and that discrimination was the real reason. The ultimate burden of persuasion remains with the plaintiff. Merely disproving the employer's reason may support an inference of discrimination, but it does not compel judgment.

Question 43Employment Discrimination and Equal Opportunity

An employee returns from military deployment and is reinstated but assigned to a lower-paying role with fewer responsibilities than before. Which statute most directly protects the employee's right to reemployment in the prior position?

  1. The Fair Labor Standards Act
  2. The Employee Retirement Income Security Act
  3. The Uniformed Services Employment and Reemployment Rights Act Correct answer.
  4. The Family and Medical Leave Act

Explanation

USERRA entitles returning service members to reemployment in the position they would have held had they remained continuously employed, with the same seniority, status, pay, and benefits. The statute also prohibits discrimination based on military service. Reassignment to a lesser role after return can violate those reemployment rights.

Question 44Employment Discrimination and Equal Opportunity

An employer requires all applicants to be fluent in English, although the job involves no customer contact or written communication. The requirement disproportionately excludes applicants of certain national origins. What must the employer demonstrate?

  1. That the employer has a history of hiring diverse employees
  2. That English fluency is required for the effective performance of the job Correct answer.
  3. That most current employees speak English as a first language
  4. That the requirement was included in a published job description

Explanation

A fluency requirement that has a disparate impact on national origin must be shown to be job related and consistent with business necessity. EEOC guidance states that an English-only or fluency rule must be tied to the effective performance of the position. A rule untethered to actual job duties cannot satisfy that showing.

Question 45Employment Discrimination and Equal Opportunity

Which federal law prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions and requires that pregnant employees be treated the same as other employees with similar abilities or limitations?

  1. The Genetic Information Nondiscrimination Act
  2. The Equal Pay Act
  3. The Pregnancy Discrimination Act, which amended Title VII Correct answer.
  4. The Americans with Disabilities Act

Explanation

The Pregnancy Discrimination Act amended Title VII to define sex discrimination to include discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnant employees the same as others similar in their ability or inability to work. The later Pregnant Workers Fairness Act adds an accommodation obligation, but the PDA is the core antidiscrimination provision.

Question 46Employment Discrimination and Equal Opportunity

A Black employee is subjected to a noose displayed in his work area and repeated racist graffiti. He reports the conduct, and the employer delays investigation for six months. Which factor is most important in assessing whether the conduct is actionable as hostile work environment harassment?

  1. Whether the employee requested a transfer
  2. Whether the employee suffered a tangible employment action such as demotion
  3. Whether the conduct was severe or pervasive enough to alter the terms and conditions of employment Correct answer.
  4. Whether the conduct occurred in a single incident

Explanation

The hostile work environment standard asks whether the conduct was severe or pervasive enough to create an abusive working environment from both a subjective and objective standpoint. A noose and repeated graffiti are the kind of severe conduct courts often find actionable even without a tangible employment action. Employer liability then turns on notice and response.

Question 47Employment Discrimination and Equal Opportunity

Under Title VII, which protected characteristic is covered by the statute?

  1. Socioeconomic status
  2. Political affiliation
  3. Weight, in all circumstances
  4. Sexual orientation, as recognized in the Supreme Court's decision in Bostock v. Clayton County Correct answer.

Explanation

In Bostock v. Clayton County, the Supreme Court held that firing an employee for being gay or transgender violates Title VII because it is discrimination based on sex. Political affiliation, socioeconomic status, and weight are not protected characteristics under Title VII, although weight may sometimes relate to disability coverage. The Bostock reasoning extends to sexual orientation and gender identity.

Question 48Employment Discrimination and Equal Opportunity

An employer uses a written test to select candidates for promotion. The test has a statistically significant disparate impact on a protected group, and the employer cannot show it predicts job performance. Which outcome is most likely under Title VII?

  1. The employer prevails because the test was developed internally
  2. The employer is liable for disparate impact discrimination Correct answer.
  3. The employer prevails because the test was administered uniformly to all candidates
  4. The employer is liable only if the test was adopted with discriminatory intent

Explanation

When a selection practice causes a disparate impact and the employer cannot demonstrate job-relatedness and business necessity, the practice violates Title VII. Uniform administration does not cure the discriminatory effect. Intent is not an element of a disparate impact claim.

Question 49Employment Discrimination and Equal Opportunity

In a mixed-motive Title VII case, the plaintiff proves that sex was a motivating factor in an adverse employment decision, though the employer also had a legitimate reason. What is the effect under the statutory framework?

  1. The plaintiff loses because the employer had a legitimate reason
  2. The employer is liable, but the remedies may be limited if the employer proves it would have taken the same action regardless Correct answer.
  3. The plaintiff must prove sex was the sole reason for the decision
  4. The case is automatically dismissed as a pretext claim

Explanation

Under the statutory mixed-motive framework, once the plaintiff shows a protected characteristic was a motivating factor, the employer can limit remedies by proving it would have made the same decision absent the impermissible factor. Liability is established, but damages and reinstatement may be restricted. This differs from the pretext framework, where the plaintiff must show the employer's reason is not the true cause.

Question 50Employment Discrimination and Equal Opportunity

Which agency enforces Title VII and investigates charges of employment discrimination filed by individuals?

  1. The National Labor Relations Board
  2. The Occupational Safety and Health Administration
  3. The Equal Employment Opportunity Commission Correct answer.
  4. The Department of Labor's Wage and Hour Division

Explanation

The EEOC administers and enforces Title VII, the ADEA, the ADA, and other federal antidiscrimination statutes, and it investigates individual charges. The NLRB handles labor relations, the Wage and Hour Division enforces wage statutes, and OSHA addresses workplace safety. The EEOC may issue right-to-sue notices after its process concludes.