Labor and Employment Relations
Pre-Test Questions
Course Introduction
Labor and Employment Relations explores the dynamic interactions between employers, employees, labor unions, and government within the workplace. The course examines key concepts such as collective bargaining, labor law, dispute resolution, and workplace rights, providing historical and contemporary perspectives on the development of labor movements and employment policies. Students will analyze real-world case studies to understand the challenges and opportunities in managing workforce diversity, globalization, and technological change. Emphasis is placed on developing critical skills for addressing issues related to fairness, equity, conflict management, and effective communication in modern labor and employment environments.
Recommended Textbook
Employment Law for Human Resource Practice 5th Edition by David J. Walsh
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Chapter 1: Overview of Employment Law
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Sample Questions
Q1) As the Human Resources manager of your firm,the task of putting into effect the firm's new mandatory arbitration agreement has fallen to you.At a minimum,legally,which of the following actions are required to make the policy enforceable?
A)send email notice to all employees that a mandatory arbitration policy has been adopted
B)post the mandatory arbitration policy on the firm's website, and ask employees to visit the site and review the policy
C)provide employees with a copy of the agreement, and ask them to sign it
D)make certain that the agreement provides, and the employees understand, that they are waiving their rights to sue
E)all of these are legally requird
F)none of these are legally required
G)only c and d are legally required
Answer: G
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Chapter 2: The Employment Relationship
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Sample Questions
Q1) A worker who is not an employee is likely:
A)a partner
B)a volunteer
C)an independent contractor
D)any one of these
Answer: D
Q2) Why is each of the following good legal advice?
a.When using independent contractors, firms must be prepared to relinquish most of their control over how work is done.
Answer: Joint employers - Under these circumstances,the client company may find that it shares in the liability for violations of temporary workers' rights.
Q3) The main reason employers would rather hire independent contractors than employees is:
A)its cheaper
B)the employer has more control over independent contractors
C)the independent contractor has fewer rights under law than an employee
D)all of these
E)a and c only
Answer: E
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Page 4
Chapter 3: Overview of Employment Discrimination
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Sample Questions
Q1) For a disparate treatment case involving pretext,which is the correct order of proof?
A)plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent
B)plaintiff's evidence supporting discriminatory intent, defendant's lawful motive, plaintiff's prima facie case
C)plaintiff's primary evidence, defendant's primary evidence, plaintiff's rebuttal showing discriminatory motive
D)none of these
Answer: A
Q2) 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
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5
Chapter 4: Recruitment, Applications, and Interviews
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Sample Questions
Q1) 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.
Q2) Which of the following is true regarding fraud claims?
A)they can be completely avoided by not saying anything
B)they differ from breach of contract claims primarily in the degree of harm suffered by the plaintiff
C)the false statement was made intentionally or with reckless disregard for the truth
D)if injury occurs, it doesn't matter whether the false statement was made intentionally or unintentionally
Q3) For purposes of determining discrimination in recruitment,the "relevant labor market" is defined as:
A)the protected class composition of the employer's applicant pool
B)the population as a whole
C)the protected class composition of people qualified for the job, and living geographically close enough to be likely candidates
D)none of the above
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Chapter 5: Background Checks, References, and Verifying
Employment Eligibility
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Sample Questions
Q1) A salesman was to attend a meeting in a nearby city,but as he traveled there in his car,traffic was light,and he arrived about an hour early.Deciding not to waste the time,he went to a nearby shopping center to search for a birthday gift for his son.He found a tablet that he knew the boy would like,and headed out to drive to the building where the meeting was to be held.As he backed out of the parking space,however,he hit another car,damaging the car and injuring the driver.Under the doctrine of respondeat superior,is his employer liable for the accident? Why or why not?
A)Yes, the employer is liable for the accident because the salesman was driving to attend a company meeting
B)No, the employer is not liable for the accident because the salesman was on an errand of his own at the shopping center
Q2) Former employers should verify the identities of persons seeking information about former employees,such as by requiring that requests be made on company letterhead.
Q3) Employers should document all efforts to obtain information on job candidates,even when those efforts are not successful.
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Chapter 6: Employment Tests
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Sample Questions
Q1) 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
Q2) Content validation studies:
A)examine whether behaviors and skills tested closely represent behaviors and skills used on the job
B)examine test items to ensure that they measure what they purport to measure and do not include irrelevant or biased questions
C)demonstrate a statistical association between test performance and job performance
D)all of the above
E)none of the above
Q3) Content validity tests should be used to the extent feasible,but not to assess intangible characteristics and not for tasks that could readily be learned on the job.
Q4) Employers should have evidence of validity for all of their tests,but must do so for tests that have discriminatory effects.
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Chapter 7: Hiring and Promotion Decisions
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Sample Questions
Q1) Employers must not establish employment requirements that apply to one protected class group but not others.
Q2) Regarding promotions,which of the following would NOT constitute good information and advice for managers?
A)assessing who is eligible for a promotion may begin with the jobs to which people are assigned when they are hired
B)training and development programs should be developed, and made available to all C)since not all are qualified to be promoted, it is not advisable to post or announce possible promotion opportunities; rather one should advise only the people who may be qualified
D)one should consider applications for promotion from all who are interested, even if they do not appear to qualify.
Q3) Employers should,with the help of legal counsel,put employment offers in writing.
Q4) Employers should give substantial weight to subjective assessments only if they are specific and clearly grounded in statements or actions of job candidates.
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Chapter 8: Affirmative Action
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Sample Questions
Q1) There is a perception among some that affirmative action results in quotas and reverse discrimination.Discuss the justification for affirmative action and whether affirmative action indeed results in quotas and reverse discrimination.
Q2) A medical center had no contract with the federal government,but it did have a contract with a health maintenance organization,which,in turn,had contracted with the federal government to provide medical care to federal government employees.The medical center's contract with the HMO said nothing about affirmative action responsibilities.Does the OFCCP have the right to audit the medical center?
A)Yes
B)No
Q3) Court-imposed affirmative action is:
A)common
B)uncommon
C)non-existent; all affirmative action is voluntary
D)none of these
Q4) Affirmative action must never be used as a basis for making discipline and termination decisions.
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10
Chapter 9: Harassment
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Sample Questions
Q1) Care should be exercised in using transfers or reassignments to deal with harassment.
Q2) Which of the following should be included in an employer's policy prohibiting harassment?
A)assurance that employees reporting harassment will be protected from retaliation
B)assurance of strict confidentiality in handling harassment complaints
C)a clear and accessible procedure for reporting harassment
D)a and c
E)all of the above
Q3) Which of the following is a necessary element of a sexual harassment claim?
A)the harasser intended to inflict emotional distress and embarrassment on the victim
B)the sex of the harasser differed from the sex of the victim
C)the harassment was unwelcome
D)the harasser made a sexual advance or requested a sexual favor
E)all of the above
Q4) 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?
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11
Chapter 10: Reasonably Accommodating Disability and Religion
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Sample Questions
Q1) You've been attending the same Presbyterian Church for the last 11 years,and the Pastor has asked you to serve as Church Secretary and manage the office.One of your tasks will be to put together the bulletin for services each Sunday,but you'd also like to create a website for the church.When you tell the Pastor,he thinks it's a wonderful idea,and sets aside some money to pay for the creation of the church's website.After a diligent search for qualified candidates,you've come up with two.The only trouble is that the best candidate is not Presbyterian,but Anglican.Can you hire her?
A)no; because this is a Presbyterian Church, you must hire a Presbyterian
B)yes; Title VII contains an exemption for religious bodies who hire for secular positions
C)yes; Title VII is not relevant. Although most churches prefer to hire members of their own flock even for secular positions, there is no requirement to do so.
D)none of these
Q2) Which of the following laws applies to federal employees?
A)The Disability Act
B)The Protection of Major Life Activities Act
C)The Americans with Disabilities Act
D)The Rehabilitation Act
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Page 12
Chapter 11: Work-life Conflicts and Other Diversity Issues
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Q1) Regarding the Pregnancy Discrimination Act,which of the following statements is NOT true?
A)the PDA requires that employers grant leave for childbirth
B)the PDA has a significant influence on leave policies, especially because the FMLA applies only to employers with 50 or more employees
C)the PDA requires that employers treat people with pregnancy-related conditions the same as people with other medical conditions who are similar in their ability or inability to work
D)neither a nor b are true
Q2) Employers must not attempt to discourage eligible employees from taking FMLA leave or attempt to delay the taking of leave.
Q3) Employers should generally refrain from adopting English-only rules.If they are used,employees should be clearly informed that they are in effect,the rules should be no broader than necessary to accomplish necessary business purposes,and enforcement should not be rigid.
Q4) "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) Under the duties test,in order to be classified as exempt,an employee:
A)must perform the duties of an executive, administrator, or professional
B)must work in an office setting
C)must have a job title that includes the word executive, administrator, or professional in the title
D)all of the above
Q2) "Tipped employees" can be paid less than the minimum wage provided:
A)they agree to a reduced minimum wage salary, however, if they don't agree they must be paid the full minimum wage and any tips are forfeited to the employer or the other employees
B)they retain on an individual basis all tips that are earned; pooling of tips is not permitted
C)their total pay in wages and tips equals at least the minimum wage
D)the employee customarily and regularly receives at least $30 per week in tips
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 refrain from establishing and enforcing pay secrecy policies.
Q5) Employers should maintain accurate and up-to-date job descriptions
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Chapter 13: Benefits
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Q1) Which of the following is true of the Employee Retirement Income Security Act (ERISA)?
A)it requires employers to provide pensions for most of their employees
B)it is superseded by state laws that relate to employee benefit plans
C)it does not apply to benefit plans administered by public employers
D)it requires that once a plan is in place, it can not be changed or modified without the employees consent
E)all of the above
Q2) 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.
Q3) Benefit plan administrators must base their decisions about eligibility for benefits on plan documents,have reasons for their decisions,and use all of the current,relevant information available to them.
Q4) Employers should be careful in advising employees about their benefits and refer them back to SPD's and other plan documents.
Q5) A pension plan must have mandatory vesting.
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Page 15
Chapter 14: Unions & Collective Bargaining
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Q1) If individual employees wish to present their own grievances,their union must be notified and given the opportunity to be present at any meetings about the grievances.
Q2) Which of the following is an unfair labor practice?
A)picketing for more than 15 days
B)secondary boycotts
C)a serious disagreement between labor and management
D)none of these
E)all of these
Q3) Employers should not establish informal practices of conferring benefits and privileges not specified in labor agreements.
Q4) Which of the following is an unfair labor practice (ULP)under the National Labor Relations Act?
A)discriminating against an employee based on her race
B)violating the terms of a labor agreement
C)retaliating against an employee who has filed charges with the NLRB
D)after an agreement has expired and while the new one is being negotiated, locking out employees willing to continue working
Q5) Employers must not create or control "company unions."
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Chapter 15: Occupational Safety and Health
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Sample Questions
Q1) Ergonomic hazards _______________:
A)are partially addressed by OSHA's ergonomics standard
B)have been addressed under the general duty clause
C)are not currently regulated due to inadequate knowledge of their causes
D)are not currently regulated because ergonomics is not a recognized and authoritative field
E)none of the above
Q2) Employees who walk off the job due to dangerous conditions may be protected under OSHA (the Act)if:
A)there has been an inspection and OSHA has validated the claim that dangerous conditions exist
B)the employer has been informed of the hazard and does not correct it
C)there is a specific OSHA standard that applies to the hazard
D)all of the above
E)none of the above
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
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Chapter 16: Performance Appraisals, Training and Development
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Sample Questions
Q1) The most common performance criteria used includes all of these EXCEPT: A)punctuality
B)quality of work
C)willingness to work two jobs
D)leadership
E)all of these are commonly used
Q2) Regarding the language to be used in performance appraisals:
A)the language, if negative, should be as forceful as possible to convey the negative evaluation
B)should be measured and professional, whether conveying a positive or negative appraisal
C)should use common terms, and pleasant language, so as to avoid claims of defamation
D)none of these
Q3) Global performance ratings should be avoided,unless they are derived by combining ratings on more specific criteria
Q4) Employers that have contracts with the federal government must create and maintain drug awareness programs for their employees
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Chapter 17: Privacy on the Job: Information, Monitoring and Investigations
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Q1) The Privacy Act requires:
A)that covered employers adopt written workplace privacy policies
B)that employees be informed if they are subject to monitoring or surveillance in the workplace
C)that medical records must be kept confidential and separate from personnel files
D)all of the above
E)none of the above
Q2) Employers should adopt workplace privacy policies
Q3) Which of the following torts has as a required element of proof,an intent to harm.
A)intrusion upon seclusion
B)public disclosure of private facts
C)placement in a false light
D)intentional infliction of emotional distress
Q4) Information about employee misconduct derived from investigations should be treated as confidential and shared only with those who have a legitimate need to know
Q5) Interrogations of employees suspected of wrongdoing should be kept as brief as possible
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Chapter 18: Terminating Individual Employees
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Q1) Among the factors considered by the courts in determining whether a quit was actually a constructive discharge are all of these EXCEPT:
A)demotions
B)reductions in job responsibilities
C)reassignment to greater responsibility
D)badgering
E)reassignment to work under a younger supervisor
Q2) Regarding the termination of individual employees,it is NOT correct to say that:
A)the rights of the employee will depend upon whether she works in the private sector or the public sector
B)employers can effective avoid the legal consequences of termination by effectively (but not officially) discharging employees
C)the rights of the employee will depend upon whether he works in a facility that is unionized
D)the employer must follow the procedure for termination set down in the employee handbook
Q3) Resignations should be documented in written resignation agreements that stipulate the voluntary nature of the resignation
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20
Chapter 19: Downsizing, Unemployment Insurance, and
Other Post-termination Issues
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Sample Questions
Q1) The firm for which you have worked for 6 years has filed for Chapter 11 bankruptcy.What this means to you is:
A)you will receive your wages going forward without fail, as you are now a secured creditor
B)you are likely to receive your wages going forward, as they have a high priority in bankruptcy cases like this one
C)your union contract as to wages and benefits is null and void
D)all of these
Q2) Regarding early retirement incentives,all of the following are true EXCEPT:
A)early retirement incentives are discriminatory if based on age
B)early retirement incentives may be offered to employees above a certain age, for example, age 55, but not, for example, also to those between 40 and 45
C)early retirement incentives are a legal way to reduce the workforce
D)early retirement incentive may be used to reduce the number of highly-paid employees
Q3) Before outsourcing or relocating work to another plant,unionized employers must negotiate with their employees' unions
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