ACTUAL EXAM PAPER 2026 QUESTIONS
WITH ANSWERS GRADED A+
• Which constitutional provision mandates that federal regulations have
priority over state law?.
Answer: Supremacy Clause
• Which doctrine is used by U.S. courts to align current cases with prior legal
decisions?.
Answer: Stare decisis
• Two corporations have combined their management and operations into a
single place with 30 total employees. Which type of business relationship is
formed that now requires both companies to comply with federal
employment law?.
Answer: Integrated enterprise
• 20-factor Analysis.
Answer: A guide adopted by the Internal Revenue Service for determining if
a worker should be classified as an independent contractor.
• Which test is used to distinguish an independent contractor from an
employee?.
Answer: Economic realities test
• Abuse of Discretion.
Answer: An employer's failure to consider important and relevant facts;
acting in an arbitrary or capricious manner.
• ADA Amendments Act.
Answer: Passed in 2008, it amends the ADA by adding new protections for
employees with disabilities.
• ADEA.
, Answer: Age Discrimination in Employment Act.
• The employee handbook used by a temporary employment agency stated,
"Employees may not be terminated except after first receiving an oral
warning, then a formal written warning." Which principle is demonstrated in
the handbook?.
Answer: Implied contract
• No employee with a company has ever been terminated without strict
adherence to the progressive discipline procedures outlined in the employee
handbook. How does the employee handbook apply in this situation?.
Answer: It is an implied contract for employees.
• ADEA Waivers.
Answer: A statement from a retiring employee that he or she will not make a
personal ADEA claim against the employer in exchange for retirement
incentives.
• What determines employer liability under the respondent superior doctrine?.
Answer: The scope of employment
• Adverse Job Action.
Answer: A negative job action that results from an employee's lawful
actions.
• Which term indicates that an employer may terminate an employee at any
time, for any legal reason, without incurring liability?.
Answer: Employment-at-will
• Which type of employment contract is created by the actions of the
employer and employee rather than through a formal contract negotiation?.
Answer: Implied
• Which principle may prevent termination of an at-will employment
relationship?.
Answer: Good faith and fair dealing
• Affirmative Action (AA).
, Answer: Any action taken by an employer to overcome discriminatory
effects of past or current practices that create barriers to equal employment
opportunity.
• To which agency did Title VII give authority to conduct its own
enforcement litigation?.
Answer: EEOC
• An employee claimed the need for special treatment based on Title VII of
the Civil Rights Act of 1964. What is the first question a human resources
professional should ask to determine if this law applies to the employee?.
Answer: Does the employee meet the eligibility requirements?
• A women's shelter hires only women as intake specialists and is being sued
for disparate treatment. Which role does human resources have in relation to
the Equal Employment Opportunity Commission (EEOC) in this scenario?.
Answer: Showing bona fide occupational qualification
• A 65-year-old woman was passed over for a job. When she inquired about
this, the employer told her, "We're looking to create a younger workforce."
Which type of discrimination is reflected in the scenario?.
Answer: Disparate treatment
• Affirmative Action Plan.
Answer: "Plan that analyzes a workforce to determine whether protected
classes are underutilized in different job groups and describes how an
organization will address any underutilization that exists."
• An organization requires that job applicants have at least a bachelor's
degree. Applicants in a protected class under Title VII claim that this
requirement puts them at a disadvantage. Which rule determines whether
there was substantial impact on the protected class?.
Answer: Four-fifths rule
• Which practice is descriptive of a church requiring clergy to be of a
particular denomination?.
Answer: Bona fide occupational qualification
, • Age Discrimination.
Answer: Treating an applicant or employee less favorably because of his or
her age.
• Age Discrimination in Employment Act (ADEA).
Answer: Enacted in 1967, it protects employees who are 40 years of age and
older.
• A company reduced a pregnant employee's hours from 40 per week to eight
on the basis that she could no longer perform the fundamental requirements
of her position. The employee is suing the company. Which statute will help
the employee's case?.
Answer: Pregnancy Discrimination Act
• When does the employer have the burden of proof in an EEOC
discrimination claim?.
Answer: After the plaintiff has established the prima facie case
• Agency.
Answer: A contract relationship between a principal and an agent whereby
the principal authorizes the agent to work on his or her behalf and with
power to bind the principal.
• Americans with Disabilities Act (ADA).
Answer: Employers with 15 or more employees are prohibited from
discriminating against people with disabilities. In general, the employment
provisions of the ADA require equal opportunity in selecting, testing, and
hiring qualified applicants with disabilities; job accommodation for
applicants and workers with disabilities when such accommodations would
not impose "undue hardship;" and equal opportunity in promotion and
benefits.
• What is the common name of the Labor Management Relations Act of
1947?.
Answer: Taft-Hartley Act