Human Resource Management
Final Test Solutions
Course Introduction
Human Resource Management explores the principles, strategies, and practices involved in managing an organizations most valuable asset its people. The course covers key topics such as recruitment and selection, training and development, performance management, compensation and benefits, labor relations, and legal issues impacting the workplace. Emphasis is placed on aligning human resource functions with organizational goals, fostering a positive work environment, and understanding the role of HR in driving organizational success in a dynamic and diverse global context.
Recommended Textbook
Employment and Labor Law 8th Edition by Patrick J. Cihon
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Page 2
Chapter
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Q1) Elvera,an employee working in a bistro,resigned her job since her supervisor overtly suggested sexual favors in exchange for better pay,and threatened to fire her if she did not comply.She filed a charge with Equal Employment Opportunity Commission (EEOC) against her supervisor and the organization for sexual harassment.Under what law can she file a suit?
A) Title VII of the Civil Rights Act
B) The Social Security Act
C) The Fair Labor Act
D) Employee Free Choice Act
Answer: A
Q2) Which statute provides pensions to retired workers?
Answer: The Social Security Act of 1935 deals with provisions on pensions that are to be provided to retired workers.
Q3) Explain the phenomenon of globalization.
Answer: Globalization is the integration of national economies into a worldwide economy,due to trade,investment,migration and information technology.
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3
Chapter 2: Employment Contracts And Wrongful Discharge
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Q1) Identify two Acts that protect whistleblowers from employer retaliation.
Answer: Occupational Safety and Health Act (OSHA) and Title VII provide protection to whistleblowing employees.
Q2) What does Title VII of the NRLA deal with?
Answer: Title VII forbids discharge on the basis of race,color,gender,creed,or national origin.
Q3) The provision of Uniform Employment Termination Act deals with protection of employees from:
A) misdemeanors.
B) wrongful discharge.
C) government order.
D) court order.
Answer: B
Q4) An act that contains anti-retaliation provisions is:
A) the Equal wage Act.
B) the Civil Procedure Act.
C) the Gender Discrimination Act.
D) the Occupational Safety and Health Act.
Answer: D
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Chapter 3: Commonly Committed Workplace Torts
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Q1) In the CDC RESTORATION & CONST.,LC V.TRADESMEN CONTRACTORS,LLC case,the court found that _______________ were/was not a trade secret under the UTSA.
A) manufacturing methods
B) back pay
C) pricing information
D) compensation
Answer: C
Q2) In the Ingraham v.Ortho-McNeil Pharmaceutical case,the employer was found not guilty of:
A) intentional infliction of emotional distress.
B) negligent infliction of emotional distress.
C) tortious interference with contract.
D) defamation.
Answer: A
Q3) Define the tort of defamation.
Answer: A communication is defamatory if it tends to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.
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5
Chapter 4: Employee Privacy Rights In The 21st Century
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Q1) Describe privacy concerns in the context of third-party information request.
Q2) The Supreme Court for the first time expressly acknowledged a right of privacy implicit in the Constitution in the case of:
A) Quon v.Arch Wireless Operating Co., Inc.
B) Williams v.City of Tulsa.
C) Griswold v.Connecticut.
D) Massey v.Roth.
Q3) Elaborate on the policy regarding employee personal files.
Q4) Discuss the origin of Employee Privacy Rights.
Q5) Who are system administrators?
Q6) What is a background screening policy?
Q7) Pre-employment drug testing is typically considered: A) contractual.
B) mandatory.
C) illegal.
D) a company policy.
Q8) What tort is committed when the privacy rights of private employees disregarded?
Q10) Describe malice in the context of defamation and invasion of privacy. Page 6
Q9) Discuss why genetic testing is one of the most pressing ethical dilemma employers are facing today.
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Page 7
Chapter 5: The Global Perspective: International
Employment Law And American Immigration Policy
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Q1) Identify the statement which accurately represents the functions of the International Labor Organization (ILO).
A) The International Labor Organization (ILO) is a branch of the World Bank.
B) ILO "laws" always supersede an individual nation's sovereignty.
C) The United States is a signatory to all ILO enactments or pronouncements.
D) U.S.labor and employment laws in many instances are equal or superior to the ILO scheme.
Q2) In Romero v.Drummond Company,Inc.,the union and several of its leaders and relatives of deceased leaders sued Drummond and its parent company and executives under the Alien Tort Statute and the Torture Victim Protection Act of 1991.The district court consolidated the complaints and later granted:
A) motion to dismiss.
B) subpoena.
C) injunction.
D) partial summary judgment.
Q3) State the purpose of the Immigration Reform and Control Act (IRCA) of 1986.
Q4) List the targets of the Union Network International (UNI).
Q5) What are conventions? Identify conventions that affect international labor relations and employments.
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Chapter 6: Title Vii Of The Civil Rights Act And Race Discrimination
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Q1) What were the two amendments added to Title VII in 1991?
Q2) Which section of Title VII prohibits retaliation by the employer against employee because that person opposed any practice that is prohibited by Title VII?
A) Section 707 (h)
B) Section 704 (a)
C) Section 706 (g)(2)(b)
D) Section 703 (a) and (d)
Q3) The suggestion that disparate impact should be measured only at the _____________ignores the fact that Title VII guarantees these individual respondents the opportunity to compete equally with white workers on the basis of job-related criteria.
A) instance when the matter is dragged to court.
B) time of discrimination.
C) bottom line
D) top line
Q4) The Supreme Court decision in Adarand Constructors,Inc.v.Pena held that government affirmative action programs must be justified under the strict scrutiny test and that the court would examine such justifications closely.Elucidate.
Q5) Explain the four-fifths rule.
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Chapter 7: Gender And Family Issues: Title Vii And Other Legislation
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Q1) ____________ state(s) that employers are liable for sexual harassment by supervisory or managerial employees or co-workers and may also be liable for harassment by coworkers or even nonemployees under certain circumstances.
A) The National Labor Relation Board.
B) The Occupational Safety and Health Act.
C) EEOC guidelines
D) U.S.Constitution
Q2) In Spalding v.University of Washington and A.F.S.C.M.E.v.State of Washington,the U.S.Court of Appeals for the Ninth Circuit held that a plaintiff bringing a Gunther-type claim under Title VII must establish the evidence of:
A) validity of job requirement.
B) comparable worth.
C) disparate treatment.
D) disparate impact.
Q3) Explain the provision of the Equal Pay Act.
Q4) Explain the coverage of the Equal Pay Act.
Q5) What are the important aspects of the Family and Medical Leave Act?
Q6) What is gender discrimination?
Page 10
Q7) What is Bona Fide Occupational Qualification?
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Chapter 8: Discrimination Based On Religion And National
Origin & Procedures Under
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Q1) Richard worked as an assembly line worker and faced employment discrimination by his supervisors.He filed a suit against his supervisors and company under Title VI and consecutively won the case against his employers.He was most likely:
A) awarded back-pay.
B) reinstated at a senior level with higher pay.
C) awarded compensatory damages.
D) awarded punitive damages.
Q2) Awarding of back pay and seniority is a:
A) principle reversed by the Supreme court.
B) remedy under Title VII .
C) state employment policy.
D) federal employment policy.
Q3) How does Equal Employment opportunity commission (EEOC) differ from the workings of the National Labor Relations Board (NLRB)?
Q4) What does Title VII of the Civil Rights Act of 1964 deal with?
Q5) Discuss the enforcement of Title VII.
Q6) Explain the policy regarding English-Only Rules.
Q7) What is the Lilly Ledbetter Fair Pay Act of 2009?
Q8) What are the remedies provided under Title VII? Page 11
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Chapter 9: Discrimination Based on Age
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Q1) The complaint of an alleged ADEA violation must be filed with the Equal Employment Opportunity Commission within:
A) 60 days.
B) 180 days.
C) 190 days.
D) 300 days.
Q2) When the plaintiff has established a prima facie case of age discrimination,the Age Discrimination in Employment Act (ADEA) provides some specific exemptions,such as:
A) action pursuant to monetary benefits.
B) employers' right to use their discretion in firing or hiring employees.
C) immunity from suits by private individual.
D) actions pursuant to a bona fide seniority system.
Q3) Back pay and liquidated damages recovered under the Age Discrimination in Employment Act as remedies are subjected to:
A) wealth tax.
B) gift tax.
C) income tax.
D) property tax.
Q4) What are the provisions of the Age Discrimination in Employment Act?
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Chapter 10: Discrimination Based On Disability
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Q1) In which of the following cases did the Supreme Court hold that an individual who applies for Social Security disability benefits may still be a "qualified individual with a disability" within the meaning of the ADA?
A) Cleveland v.Policy Management Systems
B) Board of Trustees of the University of Alabama v.Garrett
C) Albertsons, Inc.v.Kirkingburg
D) Sutton v.United Air Lines, Inc
Q2) Bruce was an excellent kitchen manager who had recently tested positive for AIDS.He applied for a job in a restaurant,but was rejected because the restaurant feared that his illness may transmit to others when he handled the food.This is a violation of Americans with Disabilities Act.Under this circumstance,Bruce has legal remedies in the form of:
A) liquidated damages.
B) injunction.
C) front pay.
D) specific performance.
Q3) What does Section 501 of the Rehabilitation Act deal with?
Q4) Define "undue hardship".
Q5) Explain the food handler defense under the ADA.
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Chapter 11: Other Eeo And Employment Legislation: Federal
And State Laws
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Q1) In Henry v.City of Detroit,Henry filed a suit under:
A) Michigan's Whistleblower's Protection Act.
B) the Civil Rights Act of 1991.
C) the federal Civil Service Reform Act.
D) the Federal Mine Health and Safety Act.
Q2) Which of the following is not true regarding USERRA?
A) It covers both private and public sector employers.
B) It also covers the federal government.
C) It prohibits employers from discriminating against employees because of their service in the military.
D) It applies only to career military service.
Q3) Which one of the following option is a program which involves giving preference in hiring or promotion to qualified female or minority employees?
A) Contract compliance program
B) Labor management program
C) Social welfare program
D) Affirmative action program
Q4) What is the responsibility of the federal Office of Special Counsel?
Q5) What are the requirements of strict scrutiny test?
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Chapter 12: The Rise Of Organized Labor And Its Regulatory Framework
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Q1) For labor issues,the National Labor Relations Board itself is the:
A) judicial branch.
B) administrative branch.
C) legislative branch.
D) arbitral tribunal.
Q2) What is the extent of jurisdiction of the NLRB?
Q3) Section 10(b) of the National Labor Relations Act requires that unfair practice charges must be filed:
A) within six months of the occurrence of the alleged unfair practice.
B) after a year of the occurrence of the alleged unfair practice.
C) according to the convenience of the aggrieved person.
D) after a notice has been issued by the board stating the date the charge can be filed.
Q4) Section 2(3) of the NLRA,in its definition of "employee" expressly excludes:
A) factory workers.
B) supervisors.
C) federal employees.
D) labor unions.
Q5) Explain antitrust laws.
Q6) What is the Noble Order of the Knights of Labor?
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Chapter 13: The Unionization Process
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Q1) The employees of Freddy Auto Sales decided to select Peter as their bargaining representative for the purposes of collective bargaining by the majority of the employees.The major issues of negotiation include rates of pay,wages,hours of employment,or other conditions of employment.In this scenario,Peter is covered under the:
A) Workmen's Compensation Act.
B) National Labor Relations Act.
C) Equal Employment Opportunity Act.
D) Civil Rights Act.
Q2) If an employer engages in unfair labor practices after receiving the union's request for recognition,the union is free to seek a Gissel-type bargaining order from the:
A) National Labor Relations Board.
B) American Federation of Labor.
C) International Labor Organization.
D) Occupational Safety and Health Administration.
Q3) What is bargaining unit?
Q4) Which rule bars holding an election in the bargaining unit?
Q5) Define voluntary recognition.
Q6) What is the consequence of filing a decertification petition by an employer?
Page 17
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Chapter 14: Unfair Labor Practices By Employers And Unions
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Q1) Management at Freedom Solar Technologies Inc.supported a captive union in their company which,while creating an impression of collective input,allowed management control.As this type of employer domination is outlawed under Section 8(a)(2),the company may apply any of the remedies mentioned below except:
A) to disband an in-house or captive union.
B) to support and encourage the majority union.
C) to cancel any agreements reached with the union.
D) to cease recognizing the union.
Q2) Section 8(b) (2) is violated when unions force employers to:
A) discriminate employees because of his internal union activities.
B) form in-house unions.
C) form collective bargaining units.
D) allow them to engage in Whipsaw Strikes.
Q3) What is the exception regarding the encouragement of unions?
Q4) Which section of National Labor Relation Act speaks about union coercion of employees and employers?
Q5) Define super seniority in context of collective bargaining.
Q6) When should an employer conduct a poll?
Q7) What are the remedies for violation of Section 8(a) (2) of NLRA?
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Chapter 15: Collective Bargaining
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Q1) A union or employer seeking to bargain with the other party must notify that other party of its desire ? to bargain at least _____ prior to the expiration of the existing collective agreement.
A) forty five days
B) thirty days
C) sixty days
D) ninety days
Q2) Section 8 (d) of the National Labor Relations Act (NLRA) states that,the obligation of the employer and the bargaining representative is to meet at and confer in good faith with respect to:
A) establishment of a trade union.
B) wages, hours, and other terms and conditions of the employment.
C) establishment of a business unit.
D) reappointment of a bargaining representative.
Q3) What does Section 8(d) of the National Labor Relations Act state with respect to duty of bargain?
Q4) Define mass layoffs.
Q5) Briefly describe the duty to bargain.
Q6) Briefly describe permissive bargaining subjects.
Q7) What does Section 9(a) of the NLRA state regarding bargaining in good faith?
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Chapter 16: Picketing And Strikes
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Q1) Section 8(b) (4) NLRA,deals with:
A) secondary boycotts.
B) employer's power of termination.
C) peaceful picketing.
D) unfair labor practice.
Q2) Peaceful picketing is protected activity under the:
A) Occupational Safety and Health Act.
B) American Federation for Labor.
C) U.S.Constitution.
D) National Labor Relation Act.
Q3) Pressure tactics include all of the following,except:
A) picketing.
B) bargaining.
C) strikes.
D) patrolling.
Q4) In the matter of strikes,constitutional issues apply only to:
A) private sector strikes.
B) government activity.
C) lockouts.
D) health-care institutions.
Page 20
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Chapter 17: The Enforcement And Administration Of The Collective Agreement
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Q1) In Alexander v.Gardner Denver Co.,the Supreme Court held that an employee who had lost in arbitration under the collective agreement was still able to bring a Title VII suit in court,stating that:
A) an order to arbitrate the grievance should not be denied unless it is denied with a positive assurance.
B) the arbitration clause of a collective agreement must contain a "clear and unmistakable waiver" of the individual employee's rights.
C) employee's rights under the collective agreement were distinct from the employee's statutory rights under Title VII.
D) it is the role of the courts, not that of the arbitrators, to resolve questions of whether a grievance is subject to arbitration.
Q2) _____ is the settlement of disputes by a neutral adjudicator chosen by the parties to the disputes.
A) Voluntary recognition
B) Adjudication
C) Internal remedy
D) Arbitration
Q3) Define grievance process.
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Chapter 18: The Rights Of Union Members
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Q1) In Marquez v.Screen Actors Guild,the court held that negotiating a union security clause that incorporates the language of Section 8(a) (3) of the NLRA is not a violation of the union's:
A) duty of fair representation.
B) duty to negotiate
C) collective bargaining.
D) duty to investigate.
Q2) If a breach of the duty of fair representation involves claims of discrimination based on race,sex,religion,or national origin,the affected employees may also have legal remedies under:
A) the Occupational Safety and Health Act.
B) the National Labor Relations Act.
C) Title VII of the Civil Right Act.
D) Labor-Management Reporting and Disclosure Act.
Q3) What is a union shop?
Q4) How is the duty of fair representation enforced?
Q5) What is meant by exhausting internal remedies?
Q6) Who creates the union's duty of fair representation?
Q7) Which legislation controls the operation and administration of employee welfare and pension plans?
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Chapter 19: Public Sector Labor Relations
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Q1) Explain briefly the conditions of employment of the Federal Service Labor-Management Relations Act.
Q2) The Lloyd-La Follette Act of 1912 gave _____ the right to join unions.
A) postal workers
B) paramedicals
C) paralegals
D) rail road workers.
Q3) Briefly explain the Federal Service Labor-Management Relations Act.
Q4) How does the Postal Service Reorganization Act influence an impasse?
Q5) The Civil Service Act of 1883,granted the sole authority to set wages,hours,and other terms and conditions of federal employment to the:
A) labor department.
B) Senate.
C) bargaining representative.
D) Congress.
Q6) What is the duty of the Merit System Protection Board (MSPB)?
Q7) Briefly explain the role of the Federal Service Labor-Management Relations Act.
Q8) Name some of the unfair labor practices by agencies outlined under the Federal Service Labor-Management Relations Act?
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Chapter 20: Occupational Safety And Health
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Q1) The feasibility of a standard must be examined from two perspectives: _____ feasibility and _____ feasibility.
A) technological; economic
B) organizational; constitutional
C) individual; organizational
D) internal; environmental
Q2) The High-Flier Aircraft Company manufactures small aircrafts in a plant which features a fifty-foot high,arched roof.The company does not provide any safety norm to the employers,who are working on the roof.In an unfortunate incident,an employee fell of the high roof and lost his life.Upon investigation by the OSHA inspector,it was discovered that the employer had violated the standards under the act.This demands the employer to issue a(n):
A) bilateral agreement.
B) compliance agreement.
C) written citation.
D) appeal.
Q3) How is the Occupational Safety and Health Act administered and enforced?
Q4) What is the National Institute of Occupational Safety and Health?
Q5) Can an OSHA inspection officer enter into any premises?
Q6) What are the two main goals of the Occupational Safety and Health Act?
Page 24
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Chapter 21: The employee s safety nets: unemployment
and workers compensation social security and retirement plans
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Q1) An employee's injury must be work-related in order to be eligible for:
A) medicare.
B) unemployment compensation.
C) workers' compensation.
D) insurance benefits.
Q2) A worker who applies for social security benefits and is receiving them at age sixty-five is automatically covered under part A of:
A) Medicare benefits.
B) unemployment compensation.
C) workers' compensation.
D) disability benefits.
Q3) What are the two types of benefit plans established under the Employee Retirement Income Security Act (ERISA)?
Q4) What is the purpose of Federal Employment Liability Act (FELA)?
Q5) When are workers' compensation benefits awarded?
Page 25
Q6) What constitutes disability under the Social Security system?
Q7) Explain the concept of litigating unemployment claims.
Q8) Explain the role of the Employee Retirement Income Security Act (ERISA).
Q9) What is the main purpose of Social Security?
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Chapter 22: The fair labor standards act
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Q1) Can employees file a suit to recover back wages and overtime pay? If so,what are the limitations for FLSA violations?
Q2) Discuss the provisions regarding child labor under the Fair Labor Standards Act.
Q3) How is the Fair Labor Standard Act (FLSA) enforced?
Q4) Which of the following is not a basis for coverage under the FLSA?
A) Employees employed in an "enterprise engaged in" interstate commerce.
B) Employees who are engaged in interstate commerce.
C) Employees who are engaged in the production of goods for interstate commerce.
D) Employees who are engaged in interstate commerce, but not including import and export.
Q5) Machinists and sewing machine operators are usually paid on a(n):
A) hourly basis.
B) piece-rate basis.
C) monthly basis.
D) lump sum basis.
Q6) Name three kinds of labor that have been found hazardous for minors by the Secretary of Labor.
Q7) Explain the term "workweek".
Q9) Explain the concept of overtime pay under the FLSA. Page 27
Q8) Does the Fair Labor Standards Act (FLSA) prohibit all child labor?
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