CERTIFICATION SCRIPT 2026 QUESTIONS
WITH SOLUTIONS GRADED A+
• American with Disabilities Act (ADA) - equal opportunity in selecting,
testing, and hiring qualified applicants with disabilities - job accomodation
for applicants and workers with disabilities when such accomodations would
not impose "undue hardship" - equal opportunity in promotion and benefits.
Answer: Employers with 15 or more employees are prohibited from
discriminating against people with disabilities. In general, the employment
provisions of the ADA require:
• Affirmative action.
Answer: Making an extra effort to hire and promote those in protected
groups, particularly when those groups are underrepresented
• 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
• 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
,• Which test is used to distinguish an independent contractor from an
employee?.
Answer: Economic realities test
• 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.
• Age Discrimination in Employment Act (ADEA).
Answer: Act prohibiting arbitrary age discrimination, specifically protecting
individuals over the age of 40
• Agency theory.
Answer: Person (for example, a manager) is expected to act on behalf of a
principal (for example, the owner of the company)
• Animus.
Answer: Mind set or intention
• What determines employer liability under the respondent superior doctrine?.
Answer: The scope of employment
• Arbitration.
Answer: A procedure for resolving collective bargaining impasses by which
an arbitrator (third party) chooses a solution to the dispute
• Bargaining unit.
Answer: A group of employees performing jobs in an industry with
sufficient "community of interests" to constitute a unit to be represented in
collective bargaining
, • Which term indicates that an employer may terminate an employee at any
time, for any legal reason, without incurring liability?.
Answer: Employment-at-will
• BFOQ (Bonafide Occupational Qualifications).
Answer: Job requirements that an employee be a particular religion, sex, or
national origin that is reasonably necessary to business operations. For
instance, it is assumed that an opening for a Baptist minister at a local
Baptist church would be filled by a minister who is actually a person who
celebrates the Baptist religion and not, say, the Episcopal religion
• Which type of employment contract is created by the actions of the
employer and employee rather than through a formal contract negotiation?.
Answer: Implied
• Business necessity.
Answer: A practice necessary for safe and efficient organizational
operations
• Which principle may prevent termination of an at-will employment
relationship?.
Answer: Good faith and fair dealing
• To which agency did Title VII give authority to conduct its own
enforcement litigation?.
Answer: EEOC
• Case law.
Answer: The law is laid down in the the decisions for the courts (distinct
from statutes or other sources of law)
• 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?
• Civil law.