HRCI PHR 2024 Test Questions And
Answers
Title I of the ADA - Answer - Requires that employers, including real estate professionals, make
reasonable accommodations that enable an individual with a disability to perform essential job
functions.
Steps to Handling an ADA Request - Answer - 1. Determine whether the Employer is covered by the
ADA (all employers with 15 or more employees)
2. Ensure a Policy and Procedure exists for handling accommodation requests (policies, procedures, job
descriptions)
3. Determine if the employee is qualified (skill, experience, education, and able to perform essential
functions with or without reasonable accommodation)
4. Initiate the process (employee should be asked to provide documentation from their provider about
the nature of the impairment and limits to ability)
5. Assess if the employee has a disability under the ADA (a record of, or having a physical or mental
impairment that limits a major life activity-seeing, hearing, eating, walking, standing, lifting, speaking,
breathing, bodily system function)
6. Determine Accommodations (job restructuring, reassignment, accessibility, modifying schedules,
equipment/devices, training materials, interpreters)
7. Reasonable or Undue Hardship (undue hardship: unduly expensive or disruptive, alters the nature or
operation of the job/business)
8. Notify the Employee (notify in writing if approved/denied, details of accommodation, and start date)
9. Review and Modify (may need to be reviewed if the disability changes or the needs of the business
change)
Consolidated Omnibus Budget Reconciliation Act/COBRA (1986) - Answer - Federal COBRA only applies
to employers with 20 or more employees. Employers must notify the health plan within 30 days, and the
plan must notify the employee within 14 days. Employees must elect within 60 days.
COBRA Qualified Beneficiary - Answer - Considered anyone covered under the group policy the day
before the qualifying event occurs and normally includes the employee, spouse, and dependent children
(includes children born or adopted during COBRA - 1996 amendment)
, When Determining if an employee is a COBRA Qualified Beneficiary - Answer - -Employee and
dependents are eligible regardless of voluntary or involuntary resignation
-If employee is terminated for gross misconduct COBRA is not required
-Eligibility is not based on how long the employee has been with the company or enrolled in benefits. If
coverage as begun, the employee is eligible.
What Benefits are Covered under COBRA - Answer - Inpatient/Outpatient hospital care, Physician care,
surgery, prescription drugs, dental and vision, health FSA, HRA, Cancer policies, wellness programs
Duration of COBRA Coverage - Answer - 1. Employees and dependents are eligible for:
-18 months due tp termination or reduced hours
-29 months if the individual is eligible for a disability extension (deemed by SSA before the 60th day of
coverage and remains disabled for 18 months)
-24 months if employee enlists in the military or called to active duty
2. Dependents are eligible for extension:
-36 months due to losing dependent-child status
-Up to 36 months when the event is termination/reduced hours, and the employee became entitled to
Medicare less than 18 months before the event(36 months measured from date employee became
entitled to Medicare)
-Up to 36 months when there is a second qualifying event such as death of the employee, divorce or
separation, or the employee becoming entitled to Medicare (36 months measured from the original
COBRA start date)
Terminating COBRA Coverage - Answer - 1. If an employer ceases to maintain any group health plan
2. When a participant fails to make payment after 30 day grace period
3. Qualified participant becomes covered under any other group health plan
4. Individuals who are no longer deemed disabled by the SSA after being granted the 11 month
extension can have coverage terminated as of the month that begins after 30 days
5. After an individual becomes entitled to, not just eligible for, Medicare after electing COBRA coverage
6. Wen beneficiary engages in conduct, such as fraud, that justifies coverage termination
, Disparate Treatment - Employment Discrimination - Answer - When an employer intentionally takes an
employee's protected status into consideration when taking an adverse action such as termination/lay-
off (pregnancy)
Disparate Impact - Employment Discrimination - Answer - When an employer adopts a policy that
seems neutral on the surface, but has a disproportionate impact on members of a protected class (clean-
shaven, minimum-height, physical agility)
Quid Pro Quo Harassment - Employment Discrimination - Answer - Involves unwelcome sexual
advances, requests for sexual behaviors, or verbal/physical conduct of a sexual nature that is a condition
of employment
Hostile Environment Harassment - Employment Discrimination - Answer - Unreasonably interfering with
an individual's work performance or creating an intimidating, hostile, or offensive work environment
Retaliation - Employment Discrimination - Answer - It is illegal to discriminate against an employee for
opposing a discriminatory practice, making a charge of discrimination, or testifying/assisting in an
investigation, proceeding, or hearing
EEO-1 Report - Answer - EEOC Information Report, which counts employees sorted by job category, sex,
ethnicity, and race. All employers with 100 employees must file annually. Must include data from any pay
period from Oct-Dec, and must be filed by March 31st of following year.
EPA - Equal Pay Act (1963) - Answer - Federal Law that requires workers doing the same job to be paid
the same amount of money.
-Lily Ledbetter Act: 2009 amendment to the EPA that allows the date for filing the lawsuit for equal pay
violations to link to the last paycheck with unequal pay, which gives women longer to file a lawsuit.
PDA - Pregnancy Discrimination Act (1978) - Answer - Prohibits employers from discriminating against
women because of pregnancy, childbirth, or a related medical condition
Burlington v. Ellerth - Answer - Ruled that actions can still be considered as harassment even if the
employee does not experience any negative consequences
, Faragher v. City of Boca Raton - Answer - The city had a no-harassment policy, but had not distributed it
to employees. The court found that the city was still liable for the harassment by the supervisors even if
the city managers didn't know about it
Oncale v. Sundowner - Answer - Ruled that same sex harassment is prohibited under Title VII and
employers are liable if they don't take action
Affinity Orientation - Answer - Refers to those who have a sexual attraction or preferences for those of
the same sex. Federal Law doesn't protect gays and lesbians from discrimination, but it does prohibit
same-sex sexual harassment.
ADEA - Age Discrimination in Employment Act 1967 - Answer - Prohibits age-based employment
discrimination against employees who are at least 40 years of age, and applies to companies with at
least 20 employees
OWBPA - Older Workers Benefit Protection Act (1990) - Answer - An amendment to the ADEA that
requires any waiver of the right to sue by workers over 40 to be compliant.
-The waiver must be knowing and voluntary
-The average employee must understand the waiver
-The waiver must specifically refer to ADEA rights
-The waiver only affects claims prior to the date of the waiver
-The waiver must be given in exchange to something of value to the individual
-The employee must be advised in writing to consult with an attorney
-The employee must be given 21 days to decide about whether to sign the waiver, and 7 days to revoke
-If the waiver is in connection with early retirement or termination, the waiver must specify the terms of
the incentive plan
GINA - Genetic Information Nondiscrimination Act (2008) - Answer - Ruled that it is illegal to
discriminate against employees or job applicants because of genetic information, or to acquire/disclose
it
Answers
Title I of the ADA - Answer - Requires that employers, including real estate professionals, make
reasonable accommodations that enable an individual with a disability to perform essential job
functions.
Steps to Handling an ADA Request - Answer - 1. Determine whether the Employer is covered by the
ADA (all employers with 15 or more employees)
2. Ensure a Policy and Procedure exists for handling accommodation requests (policies, procedures, job
descriptions)
3. Determine if the employee is qualified (skill, experience, education, and able to perform essential
functions with or without reasonable accommodation)
4. Initiate the process (employee should be asked to provide documentation from their provider about
the nature of the impairment and limits to ability)
5. Assess if the employee has a disability under the ADA (a record of, or having a physical or mental
impairment that limits a major life activity-seeing, hearing, eating, walking, standing, lifting, speaking,
breathing, bodily system function)
6. Determine Accommodations (job restructuring, reassignment, accessibility, modifying schedules,
equipment/devices, training materials, interpreters)
7. Reasonable or Undue Hardship (undue hardship: unduly expensive or disruptive, alters the nature or
operation of the job/business)
8. Notify the Employee (notify in writing if approved/denied, details of accommodation, and start date)
9. Review and Modify (may need to be reviewed if the disability changes or the needs of the business
change)
Consolidated Omnibus Budget Reconciliation Act/COBRA (1986) - Answer - Federal COBRA only applies
to employers with 20 or more employees. Employers must notify the health plan within 30 days, and the
plan must notify the employee within 14 days. Employees must elect within 60 days.
COBRA Qualified Beneficiary - Answer - Considered anyone covered under the group policy the day
before the qualifying event occurs and normally includes the employee, spouse, and dependent children
(includes children born or adopted during COBRA - 1996 amendment)
, When Determining if an employee is a COBRA Qualified Beneficiary - Answer - -Employee and
dependents are eligible regardless of voluntary or involuntary resignation
-If employee is terminated for gross misconduct COBRA is not required
-Eligibility is not based on how long the employee has been with the company or enrolled in benefits. If
coverage as begun, the employee is eligible.
What Benefits are Covered under COBRA - Answer - Inpatient/Outpatient hospital care, Physician care,
surgery, prescription drugs, dental and vision, health FSA, HRA, Cancer policies, wellness programs
Duration of COBRA Coverage - Answer - 1. Employees and dependents are eligible for:
-18 months due tp termination or reduced hours
-29 months if the individual is eligible for a disability extension (deemed by SSA before the 60th day of
coverage and remains disabled for 18 months)
-24 months if employee enlists in the military or called to active duty
2. Dependents are eligible for extension:
-36 months due to losing dependent-child status
-Up to 36 months when the event is termination/reduced hours, and the employee became entitled to
Medicare less than 18 months before the event(36 months measured from date employee became
entitled to Medicare)
-Up to 36 months when there is a second qualifying event such as death of the employee, divorce or
separation, or the employee becoming entitled to Medicare (36 months measured from the original
COBRA start date)
Terminating COBRA Coverage - Answer - 1. If an employer ceases to maintain any group health plan
2. When a participant fails to make payment after 30 day grace period
3. Qualified participant becomes covered under any other group health plan
4. Individuals who are no longer deemed disabled by the SSA after being granted the 11 month
extension can have coverage terminated as of the month that begins after 30 days
5. After an individual becomes entitled to, not just eligible for, Medicare after electing COBRA coverage
6. Wen beneficiary engages in conduct, such as fraud, that justifies coverage termination
, Disparate Treatment - Employment Discrimination - Answer - When an employer intentionally takes an
employee's protected status into consideration when taking an adverse action such as termination/lay-
off (pregnancy)
Disparate Impact - Employment Discrimination - Answer - When an employer adopts a policy that
seems neutral on the surface, but has a disproportionate impact on members of a protected class (clean-
shaven, minimum-height, physical agility)
Quid Pro Quo Harassment - Employment Discrimination - Answer - Involves unwelcome sexual
advances, requests for sexual behaviors, or verbal/physical conduct of a sexual nature that is a condition
of employment
Hostile Environment Harassment - Employment Discrimination - Answer - Unreasonably interfering with
an individual's work performance or creating an intimidating, hostile, or offensive work environment
Retaliation - Employment Discrimination - Answer - It is illegal to discriminate against an employee for
opposing a discriminatory practice, making a charge of discrimination, or testifying/assisting in an
investigation, proceeding, or hearing
EEO-1 Report - Answer - EEOC Information Report, which counts employees sorted by job category, sex,
ethnicity, and race. All employers with 100 employees must file annually. Must include data from any pay
period from Oct-Dec, and must be filed by March 31st of following year.
EPA - Equal Pay Act (1963) - Answer - Federal Law that requires workers doing the same job to be paid
the same amount of money.
-Lily Ledbetter Act: 2009 amendment to the EPA that allows the date for filing the lawsuit for equal pay
violations to link to the last paycheck with unequal pay, which gives women longer to file a lawsuit.
PDA - Pregnancy Discrimination Act (1978) - Answer - Prohibits employers from discriminating against
women because of pregnancy, childbirth, or a related medical condition
Burlington v. Ellerth - Answer - Ruled that actions can still be considered as harassment even if the
employee does not experience any negative consequences
, Faragher v. City of Boca Raton - Answer - The city had a no-harassment policy, but had not distributed it
to employees. The court found that the city was still liable for the harassment by the supervisors even if
the city managers didn't know about it
Oncale v. Sundowner - Answer - Ruled that same sex harassment is prohibited under Title VII and
employers are liable if they don't take action
Affinity Orientation - Answer - Refers to those who have a sexual attraction or preferences for those of
the same sex. Federal Law doesn't protect gays and lesbians from discrimination, but it does prohibit
same-sex sexual harassment.
ADEA - Age Discrimination in Employment Act 1967 - Answer - Prohibits age-based employment
discrimination against employees who are at least 40 years of age, and applies to companies with at
least 20 employees
OWBPA - Older Workers Benefit Protection Act (1990) - Answer - An amendment to the ADEA that
requires any waiver of the right to sue by workers over 40 to be compliant.
-The waiver must be knowing and voluntary
-The average employee must understand the waiver
-The waiver must specifically refer to ADEA rights
-The waiver only affects claims prior to the date of the waiver
-The waiver must be given in exchange to something of value to the individual
-The employee must be advised in writing to consult with an attorney
-The employee must be given 21 days to decide about whether to sign the waiver, and 7 days to revoke
-If the waiver is in connection with early retirement or termination, the waiver must specify the terms of
the incentive plan
GINA - Genetic Information Nondiscrimination Act (2008) - Answer - Ruled that it is illegal to
discriminate against employees or job applicants because of genetic information, or to acquire/disclose
it
