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NEW QUESTION 41
Which of the following is NOT an eligibility requirement for Trade Adjustment Assistance?
- A. The employer’s production must have increased.
- B. Workers must have been laid off or had their hours and pay cut by at least 1/5.
- C. The employer’s sales must have declined.
- D. Increased imports must have caused job loss.
Answer: A
Explanation:
Explanation: Increased production by the employer is not an eligibility requirement for Trade Adjustment Assistance. This program was established in 2002 to help those adversely affected by the rise in imported goods. If three or more workers from the same business meet the eligibility requirements, they may receive retraining and employment advice at federal centers.
NEW QUESTION 42
Summarize the ruling in Taxman v. Board of Education of Piscataway (1993).
- A. Protected classes may not be given preferential treatment during layoffs if they have not been discriminated against or underrepresented before.
- B. Employees on FMLA leave may be fired if they break the rules of the company.
- C. Employers are vicariously liable for supervisor harassment of employees.
- D. Sexual orientation is a protected class.
Answer: A
Explanation:
Explanation: In Taxman v. Board of Education of Piscataway (1993), the Court of Appeals for the Third Circuit ruled that protected classes may not be given preferential treatment during layoffs if they have not been discriminated against or underrepresented before. This case was based on a New Jersey school board’s decision to lay off a white employee instead of a black colleague with the exact same amount of seniority. The white teacher charged reverse discrimination, and the Third Circuit agreed that the school board’s decision was a violation of Title VII. This case was settled before it could reach the Supreme Court on appeal.
NEW QUESTION 43
Recent laws now extend privacy standards to employees regarding OSHA forms. Apart from the employee’s specific request, in which of the following cases would it be legally advisable to label the employee’s file with a case number instead of the employee’s name on OSHA Form 300?
- A. An employee develops the flu after receiving a flu vaccine in the workplace
- B. An employee develops hepatitis in the workplace
- C. An employee develops food poisoning in the workplace
- D. An employee receives a head injury in the workplace
Answer: B
Explanation:
Explanation: Given the sensitive nature of the disease, the contraction of hepatitis, even in the workplace, would be grounds for the employer to use a case number instead of the employee’s name. Unless an employee specifically requests a case number, there is no need to assign one to a case file in any of the following situations: an employee contracts the flu after receiving a flu vaccine in the workplace, an employee develops food poisoning in the workplace, or an employee receives a head injury in the workplace.
NEW QUESTION 44
A private company works as a contractor for federal defense agency. As a result of this agreement, many of the contractor employees will be engaging in positions of extreme sensitivity, and the contractor would like to give polygraph tests to employees. What is the federal policy regarding polygraph tests in this situation?
- A. Because the contractor does other work outside of his or her work with the defense agency, polygraphs are not allowed
- B. All contractor employees may be given polygraph tests
- C. The polygraph test may be administered only to those who will be working in defenserelated jobs
- D. The employer may utilize anyone in the company to administer the polygraph
- E. Federal law makes polygraphs illegal for anyone or any institution but the government to administer
Answer: C
Explanation:
Explanation: Polygraph tests are allowed among federal defense contractors but may only be administered to those who will be working in the defenserelated jobs. Most large contractors will not limit their contract work to the government, so it is entirely possible that the company will have employees doing work that is unrelated to the defense jobs. What is more, the employees who do work in connection with the defense agency but do not necessarily do sensitive work will not require polygraph testing. As a result, answer choice A is incorrect because there is no justification for testing all employees of the contractor. Answer choice B is incorrect because federal law does allow for polygraph testing in certain situations. Answer choice C is incorrect because it does not really address the question and because the information is not accuratepolygraph tests must be administered by certified professionals. Answer choice D is also incorrect because the nature of the contractor’s work for the defense agency will likely justify polygraph testing for many of the employees.
NEW QUESTION 45
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