Which of the following is NOT defined as a major life activity by the Americans with Disabilities Act?
Correct Answer: B
Explanation: The Americans with Disabilities Act does not count driving as a major life activity. According to the act, major life activities are personal care, manual tasks, seeing, hearing, eating, sleeping, breathing, learning, reading, concentrating, thinking, communicating, and working. However, a person may also be covered by the ADA when certain physical or mental impairments are present, including "any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or ... any mental or psychological disorder, such as an intellectual disability ... organic brain syndrome, emotional or mental illness, and specific learning disabilities." (Code of Federal Regulations, 29CFR1630)
Question 107
Which of the following is not a part of the due diligence process that a human resources professional must review during a merger?
Correct Answer: C
Explanation: A due diligence process during a merger should focus primarily on recording the following basics of company employee details: documentation regarding employee names, employment contracts, I9 forms, benefit contracts, compensation information, company policy and procedures (such as handbooks for employees), compliance documentation for equal opportunity, information about company labor relations (including labor activity), all information about potential legal situations (such as legal violations, sexual harassment claims, and disputes about employee terminations), and legal compliance documentation for COBRA, FMLA, WARN, and OSHA. This means that answer choices A, B, D, and E all fall within the boundaries of due diligence for a merger, leaving only answer choice C. What is more, whistleblower prevention is not necessarily legal - as there are a number of laws designed to protect whistleblowers - so a company could not legally retain or utilize whistleblower techniques.
Question 108
How are vacation pay policies established for organizations?
Correct Answer: B
Explanation: Each company is responsible for establishing the vacation pay policies that will apply to the employees of that company. The FMLA does not specify vacation pay policies, so answer choice A is incorrect. ERISA is the Employee Retirement Income Security Act of 1974, so it does not relate to vacation pay policies; therefore, answer choice C is incorrect. States do not establish vacation pay guidelines (apart from basic compensation requirements established at the federal level), so answer choice D is incorrect. And unions might vote for changes within vacation pay policies, but they are not responsible for creating these policies, so answer choice E is incorrect.
Question 109
Which piece of legislation declared that back pay awards cannot be a part of compensatory damages?
Correct Answer: B
Explanation: The Civil Rights Act of 1991 declared that back pay awards cannot be a part of compensatory damages. This act also made it illegal for businesses to claim that discriminatory practices were somehow necessary to their operations. This act also directly prohibited all racial harassment, whereas earlier legislation had limited its scope to hiring practices.
Question 110
Which of the following pieces of legislation does not, at this time, apply to private employers?
Correct Answer: D
Explanation: The Privacy Act of 1974 reflects data collection activities within federal agencies. It does not apply to private employers. The Fair Credit Reporting Act of 1970, the Immigration and Nationality Act of 1952, and the Civil Rights Act of 1991 all currently have elements that apply to private employers.
