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Question 1
As a Senior HR Professional, you must be aware of contracts, laws, and commitments made to employees. Which of the following statements is an example of an express contract that could affect a person's employment?
You'll have a job as long as we're in business.
Either party, the employer or employee, can terminate the employment relationship at will.
If you quit that position in our company, we'll give you this position here.
You will do what I say when I say it.
Answer option A is correct.
A verbal promise to continue employment under certain conditions is an example of an express contract. An express contract can negate employment at will.
Answer option C is incorrect. This statement is the definition of the employment at will relationship.
Answer option C is incorrect. This statement is an example of promissory estoppel - if the company doesn't follow through on the promise.
Answer option D is incorrect. This statement is likely an example of an employee who's going to experience constructive discharge. This happens when the employer makes the environment so hostile that the employee resigns.
Chapter: Employee and Labor Relations
Objective: Federal Employment Legislation
Question 2
As a Senior HR Professional you should be familiar with employment laws and their effect on your company. What did the lawsuit Payne v. The Western & Atlantic Railroad Company establish?
Employment at will
Employers could be liable for sexual harassment of its employees
Employers could be liable for the actions of its employees
A company couldn't coerce an employee to commit a crime to retain employment
Answer option A is correct.
The lawsuit Payne v. The Western & Atlantic Railroad Company in 1884 established the principle of employment at will.
Answer option B is incorrect. Employers can be found liable for sexual harassment of its employees. This is an example of respondeat superior.
Answer option C is incorrect. Employers can be found liable for the actions of its employees. This is an example of respondeat superior.
Answer option D is incorrect. Companies cannot coerce employees to commit a crime. This is the outcome of the Petermann v. International Brotherhood of Teamsters.
Chapter: Employee and Labor Relations
Objective: Federal Employment Legislation
Question 3
Robert is the HR Professional for his organization and he's speaking with the federation chairman about the labor and the direction of unions. What is a federation?
A federation is the same as a union.
A federation is a group of national unions.
A federation is a union that has international members.
A federation is the governing body of a union.
Answer option B is correct.
A federation is a collection of national unions. Federations usually lobby on behalf of its union members to speak collectively for the labor which the federation represents. The AFL-CIO is one of the largest federations.
Answer option A is incorrect. A federation is not the same as a union. Federations are made up of unions.
Answer option is incorrect. A federation represents national unions, not international unions.
Answer option D is incorrect. A federation is not the governing body of unions. Federations do not get involved with bargaining or contract administration.
Chapter: Compensation and Benefits
Objective: Executive Compensation
Question 4
An employee has come forward with an allegation of quid pro quo harassment by her supervisor. As the HR manager, you are responsible for investigating the complaint. The supervisor in question is someone with whom you have become quite friendly. In this case, who is the best person to conduct the investigation?
You
The corporate attorney
The direct manager of the accused supervisor
A third-party investigator
Answer option D is correct.
In this case, the organization will be best served by a third-party investigator. The most important consideration in an investigation of sexual harassment is that the investigator is seen as credible and impartial. Because you have become friendly with the accused, it will be difficult to maintain impartiality during an investigation. While the corporate attorney (B) may be selected to conduct investigations, this solution can lead to conflict-of-interest issues. The direct manager of the accused supervisor (C) may not be viewed as impartial by the accuser or by regulatory agencies. See Chapters 2 and 8 for more information.
Chapter: Employee and Labor Relations
Objective: Federal Employment Legislation
Question 5
When an individual files a charge of discrimination with the EEOC against an employer, what will the EEOC do?
The EEOC will investigate the claim by inspecting the employer's place of business.
The EEOC will create a hearing with the complainant and the employer to investigate the charge.
The EEOC will send the employer a letter informing them of the charge.
The EEOC will visit the employer to inform them of the charge.
Answer option C is correct.
The first thing that the EEOC will do is send the employer a letter informing them of the charge and allow the employer to respond accordingly.
Answer option A is incorrect. The EEOC won't visit the place of employment, but will first send a letter informing the employer of the charge.
Answer option B is incorrect. The EEOC doesn't create a hearing. The employer will first receive the letter allowing them to respond to the charge.
Answer option D is incorrect. The EEOC won't visit the place of employment, but will first send a letter informing the employer of the charge.
Chapter: Employee and Labor Relations
Objective: Federal Employment Legislation
Question 6
If a dress-code policy prohibits the use of ethnic clothing, but an employee requests an accommodation based on their religious preference, how should the employer respond?
Modify the dress code unless doing so would create an undue hardship.
Refuse the accommodation based on business necessity.
Allow the employee to dress in ethnic clothing with sufficient advance notice.
Only allow the clothing on casual dress days, when other employees are also allowed to dress outside of policy guidelines.
Answer option A is correct.
A dress-code policy is generally an accepted employer practice, provided it applies to all employees or employees in certain job categories. There are exceptions, however, based on ethnicity or religious practices. As with any other accommodation, an employer should actively seek a solution that does not result in undue hardship. See Chapter 7 for more information.
Chapter: Employee and Labor Relations
Objective: Employee Relations
Question 7
What term is assigned to the barriers that women and minorities may face when trying to advance to senior levels of an organization?
Societal barrier
Internal structure barrier
Governmental barrier
Glass ceiling
Answer option D is correct.
The term 'glass ceiling' describes the invisible, but evident barriers that can prevent women and minorities from achieving the senior levels of an organization. Robert Dole introduced the legislation that was amended into Title II of the Civil Rights Act of 1991.
Answer option A is incorrect. The societal barrier is one of the three barriers of the glass ceiling concept. It addresses limited educational opportunities and biases related to gender, race, and ethnicity.
Answer option B is incorrect. Internal structure barrier is one of the three barriers of the glass ceiling concept. It addresses corporate practices, management control, and recruiting programs.
Answer option C is incorrect. Governmental barrier is one of the three barriers of the glass ceiling concept. It addresses the inconsistent enforcement of equal opportunity.
Chapter: Employee and Labor Relations
Objective: Federal Employment Legislation
Question 8
Your organization has employed a temporary worker for a position in your company. During employment the individual has been called to military duty. Under the Uniformed Services Employment and Reemployment Rights Act of 1994 are you obligated to reinstate the individual upon his return from duty?
No, because temporary employees do not have reinstatement rights.
No, because once an employee leaves, you are not obligated to reinstate them.
Yes, if they have been working as a temporary employee for more than 90 days.
Yes, the Uniformed Services Employment and Reemployment Rights Act of 1994 requires it.
Answer option A is correct.
Temporary employees do not have reinstatement rights under the Uniformed Services Employment and Reemployment Rights Act of 1994.
Answer option B is incorrect. Temporary employees do not have reinstatement rights, but non-temporary employees do have reinstatement rights.
Answer option C is incorrect. The 90-day notice is not a valid measurement for reinstatement of temporary personnel.
Answer option D is incorrect. This isn't a valid statement as the act doesn't require an employer to reinstate temporary workers.
Chapter: Employee and Labor Relations
Objective: Federal Employment Legislation
Question 9
Mark is a contractor for the CleanSweep Chimney Company. When the CleanSweep Chimney Company has work that they can't manage they'll send Mark to the customer site to quote on the work based on their standardized fees and complete the work on their behalf. The company will pay Mark for his time. Mark, however, often tells the home owners what the CleanSweep Chimney Company will charge, but he can personally do the job for less than the CleanSweep Chimney Company. What is this an example of?
Bait and switch
Breach of duty of loyalty
Breach of duty of diligence
Breach of duty of obedience
Answer option B is correct.
When Mark influences the home owner's decision to benefit himself he's breaching the common law of duty of loyalty.
Answer option A is incorrect. Bait and switch is sales ploy that offers a price on one product, but then the salesperson offers a higher price on the similar item. For example, an advertisement offers a television for $500, but when you visit the store they're out of that model. The salesperson shows you a similar model that sells for $599.
Answer option C is incorrect. The common law term duty of diligence describes an employee's responsibility to act with reasonable care and skill for the employer. This is part of the employee-employer payment contract.
Answer option D is incorrect. Duty of obedience describes an employee's obligation to follow the employer's authority and reasonable and legal policies, procedures, and rules.
Chapter: Employee and Labor Relations
Objective: Federal Employment Legislation
Question 10
What is the most effective method to use when an employer wants to obtain insight into employee goals and job satisfaction and provide career counseling to those in the work group?
An employee survey
A skip-level interview
An employee focus group
A brown-bag lunch
Answer option B is correct.
A skip-level interview provides an opportunity for a manager's manager to obtain insight into the goals and satisfaction of employees in the work group. An employee survey (A) is best used to gather information about various issues that can be collated and summarized. A focus group (B) can be used to involve employees in the decision-making process. A brown-bag lunch (D) is an effective way for senior managers to meet with small groups of employees to answer questions about the company goals and mission and to obtain feedback about operations. See Chapter 7 for more information.
Chapter: Employee and Labor Relations
Objective: Employee Relations
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Selling illegal goods, money scams etc.
Serious attack on a group.
Harassing an individual (including doxing)
Threatening or glorifying violence or serious harm, including self-harm
Nudity/Sexual content
Sexually explicit or suggestive imagery or writing involving minors
Sexually explicit or suggestive imagery or writing involving non-consenting adults or non-humans
Reusing content without attribution (link and blockquotes)
Not in English or has very bad formatting, grammar, and spelling
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