Industrial Relations
Exam Practice Tests
Course Introduction
Industrial Relations explores the dynamic interaction between employers, employees, trade unions, and the government within the workplace. This course examines the principles, practices, and legal frameworks that shape employment relationships, including collective bargaining, dispute resolution, labor legislation, and workplace negotiation strategies. Students will analyze real-world case studies to understand the impact of industrial relations on organizational performance and employee well-being, while also considering the historical, economic, and social factors influencing contemporary labor markets.
Recommended Textbook
Employment Law for Human Resource Practice 5th Edition by David J. Walsh
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19 Chapters
483 Verified Questions
483 Flashcards
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Page 2
Chapter 1: Overview of Employment Law
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Sample Questions
Q1) Which of the following is generally true regarding the process of enforcing employment laws?
A)courts and government agencies hear cases only after employees come forward with complaints about violations of the law
B)employees are very likely to seize the opportunity to sue their employers, because all of the cost of employment litigation is borne by the employer
C)once a claim is brought, a company's attorneys deal with it, and managers have little involvement in the case
D)all of the above
E)none of the above
Answer: A
Q2) A mandatory arbitration agreement which provides that all claims be brought within 90 days of the date of the alleged violation would likely be:
A)enforceable
B)unenforceable
C)subject to amendment by the court
Answer: B
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Page 3
Chapter 2: The Employment Relationship
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23 Verified Questions
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Sample Questions
Q1) Employers may be liable for the actions of their employees within the scope of employment.With regard to the actions of employees outside the scope of employment,which of the following statements is true?
A)An employer can never be liable for the actions of its employee outside the scope of employment.
B)An employer is always liable for the actions of its employee outside the scope of employment.
C)An employer might be liable for the actions of its employee outside the scope of employment if the employer was negligent or reckless in allowing it to occur, or for other reasons.
D)None of these is true
Answer: C
Q2) If a worker is an employee,the employer must:
A)withhold income taxes
B)pay the employer's share of Social Security and Medicare taxes
C)pay the employee's share of Social Security and Medicare taxes
D)all of these
E)a and b only
Answer: E
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4
Chapter 3: Overview of Employment Discrimination
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Sample Questions
Q1) Which of the following is true? Title VII of the Civil Rights Act:
A)protects employees against discrimination based on race, sex, national origin, and disability
B)applies to employers that have 15 or more employees
C)protects employees against discrimination based on sexual orientation
D)protects employees against discrimination based on height, weight and physical appearance
E)all of the above
Answer: B
Q2) Which of the following is among the things that a plaintiff must show in order to establish a prima facie case of disparate treatment in a pretext case?
A)proof that the employer intended to discriminate
B)proof that the employer's stated motive is not credible
C)statistical evidence of discriminatory effects
D)all of the above
E)none of the above
Answer: E
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Chapter 4: Recruitment, Applications, and Interviews
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Sample Questions
Q1) Which of the following practices would be discriminatory?
A)placing an ad for a waitress
B)placing an ad for a waiter
C)placing an ad asking for "a recent college grad"
D)all of these
E)only a and b
Q2) It is a violation of anti-discrimination laws to place a want ad indicating a preference based on:
A)race
B)religion
C)sex
D)national origin
E)all of these
F)none of these
Q3) Why is each of the following good legal advice?
a.Use multiple recruiting mechanisms, rather than rely solely on one way of getting the word out about employment opportunities.
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6
Chapter 5: Background Checks, References, and Verifying
Employment Eligibility
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26 Verified Questions
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Sample Questions
Q1) A project manager applied for a job,and listed his previous employer as a reference.When the prospective employer called,the man who gave a reference for the project manager falsely implied that the project manager was incompetent,even though he had never worked with or supervised the employee,nor checked any employment records.The project manager did not get the new job.If the project manager sues his former employer for defamation,the court will likely rule that:
A)the employer did not defame the former employee because its statements were merely opinions and did not purport to be factual
B)the employer did not defame the former employee because the statements, although harsh, were truthful
C)the employer defamed the former employee because statements made in references are not subject to qualified privilege
D)the employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made
Q2) For all persons hired,employers must view documents establishing identity and eligibility to work in the U.S.and record the documents examined on I-9 forms.
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Page 7
Chapter 6: Employment Tests
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Sample Questions
Q1) You are the HR Manager of your firm,and you pride yourself on being up to date with legal requirements,and on the cutting edge of your field.You've just gotten a mailer about a new test kit which would perform genetic testing by pricking a finger,dripping the blood sample onto a tab,and mailing it in to a lab.You think how this could be applied to your employees and applicants,and what you might be able to save on health insurance costs.What should you do?
A)Order a gross of the genetic testing kits as soon as possible.
B)Call the company attorney to ask how you could test the entire staff without their knowledge
C)Throw the mailer in the trash; it's use in this context would be illegal
D)none of these
Q2) Drug testing laws,both state and federal,require that:
A)employers use due care in conducting tests and handling samples
B)employers refrain from drug testing unless required by law
C)employers routinely drug test all employees
D)none of these
Q3) Non-medical tests used for making employment selection decisions must be scored in some way.Name and discuss the various legal and illegal methods that employers utilize.
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Page 8
Chapter 7: Hiring and Promotion Decisions
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Sample Questions
Q1) You are the manager of your division at a large technology firm,and have been waiting to get approval to hire a new person.You have someone in mind: your long-time friend and college roommate,who you know would be a terrific fit with your team.But you are also aware that the company wants to increase its diversity,especially with regard to women.You worry about this,since your team is all male,and adding a woman would change the dynamics considerably.You've now advertised the new position,as required,and the two best candidates are your friend,and a Latina woman you have never met before.Neither candidate has met your team.Of the following,which would be the best decision?
A)hire your friend; you know he'll fit with the current team
B)hire the woman; the firm will be happy that you've improved diversity
C)have both candidates meet with your team, each one separately, and get their input on the candidates; then decide based on their preference
D)have both candidates meet with your team, each one separately, and get their input on the candidates; then make the decision on your own, objectively
Q2) Employers must not establish employment requirements that apply to one protected class group but not others.
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Chapter 8: Affirmative Action
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Sample Questions
Q1) Written affirmative action plans,submitted to the OFCCP,are required of contractors or Subcontractors:
A)with 10 employees and $10,000 in federal contracts
B)with 25 employees and $25,000 in federal contracts
C)with 50 employees and $50,000 in federal contracts
D)with 100 employees and $100,000 in federal contracts
E)none of the above, all companies doing federal contract work must have written affirmative action plan that is submitted to the OFCCP
Q2) Affirmative action must never be used as a basis for making discipline and termination decisions.
Q3) Consent decrees:
A)sometimes require affirmative action as a part of the settlement in a discrimination case
B)are issued by judges after a jury verdict following a lawsuit
C)require employers to agree to hire specified numbers of women and/or persons of color
D)all of the above
E)none of the above
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Page 10
Chapter 9: Harassment
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Sample Questions
Q1) How does employer liability for harassment by a co-worker or third party compare or differ with the company's liability for harassment by supervisors,managers or other top officials?
Q2) A male customer of a sports bar has taken a particular liking to one of the waitresses,and always asks to be seated at her station,so that she will wait on him.He has spoken to the manager of the bar,and generously tipped him to insure that he will get her station.But the waitress does not want to wait on the customer,because he grabs and pinches her rear,tries to tuck money down her top,and frequently pulls her down onto his lap.She asks the bar manager not to let him sit at her station any more,but the manager tells her it's good money (he does tip her well),and she should be nice to him.If she files suit for harassment,what will the court most likely rule?
A)for the employer, because the customer does not have the power to affect her employment status, so that his conduct cannot result in a tangible employment action against her
B)for the employer, because the customer has not committed harassment
C)for the employee, because the customer has committed harassment
D)for the employee, because the customer has committed harassment, the employer knew about it, and did nothing
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Chapter 10: Reasonably Accommodating Disability and Religion
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Sample Questions
Q1) The basic criteria for identifying the essential functions of a position are:
A)the position exists to perform this function
B)no other employees are available to perform this function
C)the function is highly specialized
D)all of these are correct
E)all but b are correct
Q2) In order to be a "qualified individual with a disability," a disabled person must:
A)meet the same, job-related education, skill, and background requirements as other job candidates or employees
B)not pose a direct threat others but may pose a threat to his or her own health
C)be able to satisfactorily perform all of the functions of a job
D)all of the above
E)none the above
Q3) Under the ADA,it is important that job descriptions:
A)clearly identify the essential functions of jobs
B)clearly specify how job tasks are to be carried out
C)list reasonable accommodations that are available to an employee in this job
D)all of the above
E)none of the above
Page 12
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Chapter 11: Work-life Conflicts and Other Diversity Issues
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Sample Questions
Q1) The EEOC's guidelines hold that broad English-only rules applied at all times are:
A)presumptively discriminatory
B)presumptively non-discriminatory
C)valid, if an employer can show a business necessity for a broad-cased, all-time ban on other languages
D)invalid, because the employer can never show a business necessity for a broad-based, all-time ban on other languages
Q2) Under the FMLA,employers have the right to:
A)require that employees provide documentation of any serious health condition prior to being granted leave
B)cancel the leave of "key employees"
C)delay the start of leave for employees who fail to provide 30 days notice when the need for leave is foreseeable
D)all of the above
E)none of the above
Q3) "No fault" attendance policies must be either discontinued or exceptions must be made for employees on FMLA leave.
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Chapter 12: Wages, Hours, and Pay Equity
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Sample Questions
Q1) Which of the following is generally compensable time under the FLSA?
A)meetings during work hours concerning employee grievances
B)meal periods of any length
C)periods spent waiting to start work
D)time spent traveling to and from work in a private car
E)all of the above
Q2) If employees come in to start work early,or stay beyond scheduled hours,or come in to work on days off,
A)the extra time put in on the job could be used to re-classify those employees from non-exempt to exempt
B)the extra time put in on the job could qualify those employees for overtime pay
C)under the FLSA, they have volunteered their services for that extra time
D)none of these
Q3) What could the employer in number 2 above have done differently to avoid incurring liability for compensable time and perhaps overtime?
Q4) Employers should be prepared to account for disparities in the pay of men and women performing similar jobs in the same workplace.
Q5) Employers should maintain accurate and up-to-date job descriptions
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Chapter 13: Benefits
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Sample Questions
Q1) Defined contribution pension plans:
A)are insured by the Pension Benefit Guaranty Corporation (PBGC)
B)are prone to under-diversification of investments
C)are not subject to ERISA vesting requirements
D)guarantee specific pension benefits to the employee when the plan is entered into
Q2) A pension plan must have mandatory vesting.
Q3) Regarding employment benefits,the general rule is that:
A)employers are legally required to provide employment benefits in the form of basic health care, vacation pay, and pension or profit sharing plans
B)employers are legally required to provide basic health care, but no other benefits, although they may do so voluntarily
C)only employers with 50 or more employees are legally required to provide basic health care, but no other benefits, although they may do so voluntarily
D)none of these
Q4) Health insurance plans must cover medical expenses related to childbirth and not impose deductibles or co-payments for such treatment that exceed those required for other medical treatments.
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Chapter 14: Unions & Collective Bargaining
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26 Verified Questions
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Sample Questions
Q1) In Mastec Advanced Technologies,26 service technicians were fired after appearing on a television news show to complain about their employer's instructions about how to persuade customers to install phone connections for their satellite television service,and the charge-backs to employees' pay if they did not procure such connections.Phone connections were not necessary for the service to work,but the company earned more money if phone connections were installed.Regarding the terminations,the court ruled:
A)for the employer, since it is not a protected concerted activity for an employee to make disparaging remarks to 3rd parties, since it shows disloyalty
B)for the employer, because its business policies were within its discretion
C)for the employees, because they did not speak disparagingly about their employer
D)for the employees, because they spoke truthfully about an ongoing labor dispute
E)c and d
Q2) Employers should not establish informal practices of conferring benefits and privileges not specified in labor agreements.
Q3) Employers must not create or control "company unions."
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16
Chapter 15: Occupational Safety and Health
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Sample Questions
Q1) Regarding Workers' Compensation,which of the following statements is correct:
A)generally, workers' compensation is an injured employee's exclusive remedy
B)pursuant to workers' compensation, the employer gives up its right to defend against liability for employee injuries with the Fellow Servant Rule
C)pursuant to workers' compensation, the employer gives up its right to defend against liability for employee injuries with assumption of the risk
D)none of the above is correct
E)all of the above are correct
Q2) Firms using workers from contract companies should ensure that those companies have provided workers' compensation for those workers
Q3) The best thing an employer can do to avoid OSHA violations is:
A)take steps to prevent workplace injuries
B)create a comprehensive workplace safety program
C)be proactive in assessing workplace hazards
D)all of these
Q4) Light duty assignments should be available and considered for employees who have been injured on the job and who are not yet capable of performing their regular jobs
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Page 17
Chapter 16: Performance Appraisals, Training and Development
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Sample Questions
Q1) In question # 3 above,evidence is introduced that the statute of limitations for filing an EEOC claim is 300 days in the state where the case was filed.Since the performance appraisals which were allegedly tainted by race were issued more than 300 days before the case was filed,the employer moves to dismiss the case,arguing that the statute of limitations has passed,the case has been filed too late.Based on this evidence,what should you decide?
A)the case should be dismissed because the statute of limitations has passed, and the case was filed too late
B)the case should be dismissed because the tainted evaluations triggered the employee's right to file a cause of action, and the case should have been filed within 300 days of the first tainted performance appraisal
C)the Motion to Dismiss should be denied because the employee's right to file a cause of action accrued when she was terminated, and not when a tainted performance evaluation was created
D)the Motion to Dismiss should be denied because the case of a termination based on tainted performance evaluations may be filed at any time
Q2) Time spent in training,even outside normal work hours,will usually have to be compensated
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Chapter 17: Privacy on the Job: Information, Monitoring and Investigations
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Sample Questions
Q1) Which of the following is an element of an intrusion upon seclusion privacy tort claim?
A)one party intentionally pries into the private affairs of another
B)the broad disclosure of private information to others
C)the use of private information by others for their own benefit
D)all of the above
E)none of the above
Q2) Jordan has just graduated and has started a new job as an investment banker.After her conditional offer of employment,she took a company required medical exam and then when she applied for company life insurance coverage,she was required to take a second medical exam.Although she is currently an avid cyclist and very healthy,in the past she had experienced certain problems.In her freshman year,she suffered through a problem pregnancy and a resultant still birth.As a result,she underwent an involuntary hysterectomy to save her life.She was devastated that at 19 years old she would never be able to have a child and suffered from depression.She underwent intensive psychological counseling for six months and is currently very well adjusted and other than some regret,she has accepted her fate.Both her demeanor and appearance are both normal and fit.She is however,a very private person and is concerned that her personal information could become public.What would you tell her about the laws that protect her?
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Chapter 18: Terminating Individual Employees
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Sample Questions
Q1) The Montana Wrongful Discharge from Employment Act (WDEA):
A)requires the arbitration of all wrongful discharge claims
B)prohibits discharges that are not for good cause
C)requires that employers provide due process before discharging employees
D)all of the above
E)none of the above
Q2) After a troublesome time with a new manager,an employee who had always had highly positive reviews returned from vacation to find that her desk had been cleared out,all of her belongings were in boxes,and her office was being used for storage.While she was on vacation,her new supervisor had called,asking where certain documents were located.When he found the employee's answer unsatisfactory,the supervisor said,"Well,this is the last straw." What is the best assessment of this situation?
A)the employee has suffered discrimination
B)the employee has suffered a constructive discharge
C)the employee has quit
D)none of these
Q3) Unionized employers must communicate any significant changes in rules to employees and their union before enforcing those new rules.
Q4) Discipline should be administered in a consistent fashion
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Chapter 19: Downsizing, Unemployment Insurance, and
Other Post-termination Issues
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Sample Questions
Q1) Non-competition agreements:
A)are almost always enforced by the courts
B)will be enforced unless former employees can show that the agreements are overly broad
C)will not be enforced unless the former employer can show that they are no more restrictive than necessary
D)are less commonly used now than in the past
E)none of the above
Q2) An employer who closes the business rather than deal with the union his employees have formed:
A)does not violate the National Labor Relations Act
B)violates the National Labor Relations Act if it can be proven that the motive was hostility toward unionization
C)must bargain in good faith with the union before deciding to go out of business
D)is required under the WARN Act to give the employees 60 days notice
Q3) Employers should be careful when executing waivers of legal claims in exchange for early retirement offers.
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Page 21