Personnel Management
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Course Introduction
Personnel Management is an essential course that explores the strategies and practices involved in effectively managing an organization's human resources. The course covers key topics such as recruitment, selection, training and development, performance appraisal, compensation, and employee relations. Through analysis of real-world case studies and current HR trends, students gain an understanding of the legal and ethical considerations in personnel management, as well as the skills needed to foster a productive and positive workplace environment. Upon completion, students will be equipped with the foundational knowledge to contribute to or manage human resource functions in a variety of organizational settings.
Recommended Textbook
Employment Law for Business 6th Edition by
Dawn Bennett-Alexander
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786 Verified Questions
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Chapter 1: The Regulation of the Employment Relationship
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Q1) Why is it important to classify workers correctly as either employees or independent contractors?
Answer: An employer's responsibility and potential liability for violation of employment regulatory laws is dependent upon the worker's classification as either an employee or an independent contractor.Employers are responsible for paying payroll taxes and employee benefits for those workers legitimately classified as employees.On the other hand,if the worker is merely an independent contractor,the employer pays a contract price,which may significantly reduce the employer's costs.Additionally,an employer incurs no liability for the negligence of independent contractors,while the employer is vicariously liable for the negligence of its employees.Finally,an employer will be subjected to liability for violation of federal employment statutes on if the complaining party is an employee.
Q2) Major Tire Company's plant in Charleston,South Carolina was destroyed when Hurricane Hazel hit the coast.The company officially closed the facility after reviewing the damage and terminated all 500 workers.The company did not give the employees 60 days notice,and it is liable under the WARN Act.
A)True
B)False
Answer: False
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Page 3
Chapter 2: The Employment Law Toolkit: Resources for Understanding
the Lawand Recurring Legal Concepts
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Q1) The Bright Creek Luggage Company has hired you as a consultant to improve the company's hiring processes so it will be less vulnerable to claims of discrimination when hiring.You should make the following recommendations.
A)Bright Creek should scrutinize prepared interview questions and employment applications to determine whether there is a disparate impact in the way that information is elicited.
B)Bright Creek should require all outside recruiters and employment agencies to certify that they are familiar with the requirements of anti-discrimination laws.
C)Bright Creek should provide training on basic legal concepts for equal employment opportunity to all interviewers and persons who make hiring decisions.
D)All of the answers are correct.
Answer: D
Q2) U.S.citizens employed outside the U.S.by foreign employers are protected against workplace discrimination by Title VII.
A)True
B)False
Answer: False
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4
Chapter 3: Title VII of the Civil Rights Act of 1964
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Q1) Employers should not ask about gender on an application unless the information is necessary for a bona fide occupational qualification.
A)True
B)False
Answer: True
Q2) Appraisal procedures should
A)be standardized and uniform for all employees within a job group.
B)should provide formal appeal mechanisms that allow for employee input.
C)should be formally communicated to employees.
D)All of the choices are correct
Answer: D
Q3) Title VII exempts professionally developed employment eligibility tests from claims of disparate impact discrimination as long as the test is not designed to discriminate against a member of a protected class.
A)True
B)False
Answer: True
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5
Chapter 4: Legal Construction of the Employment
Environment Part Two
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Q1) Judicial Affirmative Action is a remedy imposed by the courts when A)workplace discrimination has been found in violation of Title VII and an affirmative action plan is the appropriate remedy.
B)Federal contractors fail to comply with Executive Order 11246.
C)voluntary affirmative action plans result in reverse discrimination. D)voluntary affirmative action plans fail to eliminate workplace discrimination.
Q2) The Fairview County Public Library has 516 employees,including 163 librarians.A study of the library staff reveals that 3 out of 30 supervisors in the library branches are male although men make up 25% of the branch librarians.In order to increase the number of male supervisory librarians,the library decides to implement an affirmative action plan that would consider gender as one component of the decision when promoting librarians.Is this affirmative action plan valid? Explain your answer.
Q3) Why did the Supreme Court,in Johnson v.Transportation Agency,Santa Clara County,California,determine that a public employer could appropriately take gender into account under its voluntary affirmative action plan as one factor of a promotion decision?
Q4) Affirmative action applies to all employers engaged in interstate commerce. A)True B)False
Page 6
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Chapter 5: Affirmative Action
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Q1) U.S.C.1981
A)made it illegal to discriminate against blacks on the basis of race in making and enforcing contracts.
B)made it illegal to deny civil rights on the basis of color by someone acting as if they were acting on behalf of the government.
C)prohibits joint activity to deny someone their rights based on race.
D)All of the choices are correct.
Q2) Now that the Civil Rights Act of 1964 has been in effect for over 40 years
A)there is no longer any need to monitor race discrimination in the workplace.
B)claims based on race discrimination are rarely filed with the EEOC.
C)all barriers to equal employment opportunity for blacks in the workplace have been eliminated.
D)None of the choices is correct.
Q3) The Civil Rights Act of 1991 overturned the Supreme Court's ruling in Patterson v.McLean Credit Union that limited the application of 42 U.S.C.1981 to the making of a contract,not the performance of the contract.
A)True
B)False
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Chapter 6: Race and Color Discrimination
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Q1) Phillip is a senior citizen from the neighborhood who is allowed to visit the Serenity Senior Center even though he is neither a paying resident nor an employee.Every week,Phillip yells derogatory comments about Asians to Lastri,an Indonesian employee.He pretends to loose his balance and falls against her.He tells the residents that she is not qualified for her job and needs to be more careful around senior citizens.Lastri complains to her supervisory who tells her to ignore Phillip because he is just a strange old man.Lastri files a complaint of national origin discrimination.
A)Serenity has no obligation to Lastri regarding Phillip because he is neither a customer nor an employee.
B)Serenity is liable to Lastri for Phillip's harassment because it took no action to stop it.
C)Serenity is not liable to Lastri because Phillip is a strange old man.
D)Serenity is not liable to Lastri because Phillip's behavior is neither severe nor pervasive.
Q2) Distinguish between national origin and citizenship.
Q3) Citizenship and national origin are synonymous.
A)True
B)False
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Page 8
Chapter 7: National Origin Discrimination
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Sample Questions
Q1) Corinna is a sales representative for The Word Was Good,a distributor of religious books.Corinna lives with her boyfriend.She is pregnant.Her sales manager tells her that she cannot keep her job because having an unwed pregnant sales representative,and,later on,an unwed mother,is bad for The Word's image.Corrina feels that her employer's action is discriminatory.
A)Corrina cannot bring a case under Title VII because it is a business necessity for sales representatives of The Word Was Good to present a wholesome image.
B)Corrina can bring a case of gender plus discrimination under Title VII.
C)Corrina can bring a case of disparate impact gender discrimination under Title VII because the concept of wholesomeness has an adverse impact on women.
D)Corrina cannot bring a case under Title VII because it is a BFOQ for sales representatives of The Word Was Good to present a wholesome image.
Q2) Whenever the duties of the job require close contact between the employee and the customer,an employer can assert the Bona Fide Occupational Qualification (BFOQ)defense to allegations of gender discrimination.
A)True
B)False
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Page 9
Chapter 8: Gender Discrimination
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Q1) In order for the pattern of activity necessary to prove a claim of sexual harassment be demonstrated,the plaintiff:
A)must show premeditation.
B)need not show that the complained of activity occurred over a protracted period of time,if it was sufficiently frequent or intensely offensive.
C)must show that more than one harasser was involved.
D)must demonstrate,by clear and convincing evidence,that he or she was never complicit with any sexually oriented behavior involving the defendant.
Q2) Distinguish "quid pro quo sexual harassment" from "hostile environment sexual harassment."
Q3) Sandra dated Henry,her supervisor,for 3 months.She told him that she didn't want to see him anymore and couldn't they just be friends.Henry became obsessed with Sandra,calling her at her desk,emailing her at work and dropping by her house.Sandra cannot file a claim with EEOC for sexual harassment because she had been in a voluntary consensual relationship with him.
A)True
B)False
Q4) What are the elements of a prima facie case of hostile environment harassment?
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Page 10
Chapter 9: Sexual Harassment
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Sample Questions
Q1) What is the court's rationale in Oncale v.Sundowner Offshore Services,Inc.for extending Title VII protection to same gender sexual harassment?
Q2) Charles had a sex change operation and became Charlene,a female.Prior to the operation,he was the nightshift security supervisor at an industrial park.When he reported to work after the operation,he was reassigned to a security guard position on the day shift because the company deemed conditions at the industrial park to be too dangerous for a woman to work the night shift.Charlene filed a claim with the EEOC.
A)Charlene can claim affinity orientation discrimination under Title VII because she could still satisfactorily perform her old job after her operation.
B)Charlene can claim gender discrimination under Title VII because she could still satisfactorily perform her old job after her operation.
C)Charlene can claim gender discrimination under Title VII if the company's real reason for changing her job was disapproval of her operation.
D)None of the choices is correct.
Q3) What protections,if any,does Title VII afford gay and lesbian individuals?
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Chapter 10: Sexual Orientation and Gender Identity
Discrimination
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Q1) The elements of a prima facie case of religious discrimination for disparate treatment and for failure to accommodate are different.What are the requirements for each?
Q2) A gospel megachurch is seeking a meteorologist for its evening television news program on cable TV.Melody Goode applies.She has a degree in meteorology from the state university where the network has its news studio and she has 11 years of experience as a TV meteorologist.She interviews for the job and is hired.Two days before she is scheduled to begin work at the network,she is told that she will not get the job because she does not belong to the church presents the news program.Melody brings a claim of discrimination.Her claim will be decided based on whether
A)the sole reason she did not get the job was her religion.
B)religion is a BFOQ reasonably necessary to the normal operation of the gospel megachurch because propagation of the gospel religion is an integral part of the television news program.
C)operation of a radio or television station is a religious activity.
D)whether a weather forecast is a religious activity.
Q3) How is Title VII's prohibition against religious discrimination substantively different from its prohibitions against discrimination on the basis of other traits?
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Chapter 11: Religious Discrimination
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Q1) Leslie is a 47 year old woman.She works at the Bulova Gentlemen's Club as a head waitress.When she applies for a position as a topless dancer at the club,she is told that she is too old.Several waitresses,all in their twenties,are selected.Leslie brings a claim under the ADEA.Bulova asserts a BFOQ of "attractiveness" that requires its topless dancers to be "beautiful,nubile and erotic."
A)Leslie can prevail on a claim because she is attractive and physically fit and other clubs have hired women over the age of 40 to dance topless.
B)Bulova will prevail because the essence of its business permits it to assert the BFOQ.
C)Bulova will prevail because only a handful of women over age 47 are able to perform the job's requirements adequately.
D)Leslie can prevail because her mother was a strip-tease artist until she was 57 years old.
Q2) Some circuit courts have recognized a cause of action under the ADEA based on hostile work environment discrimination.
A)True
B)False
Q3) State,and discuss,at least three myths related to age discrimination.
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Page 13
Chapter 12: Age Discrimination
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Q1) Michael Morgan injured his back at work which resulted in a permanent partial disability.Specifically,Michael was unable to stand or stand for long periods of time.He desired to return to work,however,he was not able to perform the duties of his old job.Michael waived the medical restrictions and returned to work anyway.He compensated for the disability by using sick days and vacation days which amounted to at least 1 to 2 days per week.After 3 months of working this schedule,he was terminated.According to the court in Pickens v.Soo Line Railroad Co.,
A)Michael has a claim for discriminatory discharge under the ADA because he could perform the "essential functions" of the job when he able to work.
B)Michael has a claim for discriminatory discharge under the ADA because he is "otherwise qualified" for the job.
C)Michael does not have a claim for discriminatory discharge because his waiver of medical restrictions for employment eliminated his disability for purposes of the ADA.
D)Michael does not have a claim for discriminatory discharge because he cannot perform the "essential functions" of the job because regular attendance is a necessary element of the job.
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Chapter 13: Disability Discrimination
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Q1) Tanya has told a number of coworkers about her intimate liaisons with clients of the firm.Her supervisor has heard some of these stories secondhand.In Tanya's next performance review,her supervisor notes these in the review as potential dangers to the company.Tanya believes that the performance review,which will be viewed by higher-ups in the company,makes her appear to be a woman of loose morals.Her employer is probably safe from liability arising out of the tort of publication in a false light.
A)True
B)False
Q2) Margo works for a religious bookstore.Seventeen years ago,in a distant state and as an unmarried juvenile,Margo had an abortion.Coworker "A" discovers this fact from a chance meeting with one of Margo's former high school classmates.Coworker "A" purposely reveals it to other coworkers,who find the fact that she had extramarital sex and an abortion to be deeply offensive.Thereafter,Margo is ostracized at work.Does Margo have any legal recourse against the coworker who made this revelation? Explain.
Q3) As noted in Griswold v.Connecticut,a citizen's right to privacy is explicitly guaranteed in the U.S.Constitution.
A)True
B)False
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Page 15
Chapter 14: The Employees Right to Privacy and Management of Personal Information
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Q1) Federal judges cannot restrain any strike,regardless of the strike's objectives. A)True
B)False
Q2) Management can be charged with engaging in an unfair labor practice before the union has been established in its facility.
A)True
B)False
Q3) What were the four main weapons that employers could use against workers before the advent of modern labor law in the mid-20<sup>th</sup> Century? Explain your answer.[This question can be offered as up to four separate questions.]
Q4) A management security clause gives the employer the right to
A)include mid-term negotiations in the collective bargaining agreement.
B)the right to require employees to sign an agreement stating that they do not belong to a union and won't join one.
C)run the business and make appropriate business decisions as long as management complies with applicable laws.
D)require the union to represent all employees fairly and without discrimination based on union membership.
Page 16
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Chapter 15: Labor Law
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Q1) Calvin was working as a mechanic to repair some processing equipment at the United Megaworks Company.He fell off a ladder,broke his arm and was knocked unconscious.Following medical treatment,he returned to the company which transferred him to an inspector position due to his broken arm.Does United need to make a report to OSHA.Explain.
Q2) What are the general obligations of an entity that is covered by the Health Insurance Portability and Accountability Act (HIPAA)
Q3) The "greater hazard" defense is allowed by OSHA if the employer can show I A variance from the secretary of labor is unavailable
II Alternative means of protection are unavailable
III The employees refuse adhere to OSHA's restrictions
IV The hazards of compliance with the standard are greater than the hazards of noncompliance.
A)I and II.
B)II and III.
C)I,II and III.
D)I,II and IV.
Q4) What are the "fiduciary standards" established by ERISA?
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