Human Resource Management Exam Solutions
Course Introduction
Human Resource Management examines the foundational principles and practices involved in managing people within organizations. The course explores key functions such as recruitment, selection, training, performance appraisal, compensation, and labor relations. Students will analyze strategies for fostering a productive work environment, promoting employee engagement, ensuring legal compliance, and supporting organizational goals. Emphasis is placed on the evolving role of HR professionals in addressing diversity, ethical issues, and the impact of technology in the workplace, preparing students to contribute effectively to human capital management.
Recommended Textbook
Employment and Labor Law 7th Edition by
Patrick J. Cihon
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22 Chapters
1065 Verified Questions
1065 Flashcards
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Page 2
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Sample Questions
Q1) Who violated the "gentlemen's agreement" with the Roosevelt Administration during WWII?
Answer: John L. Lewis, president of the United Mine Workers had violated the "gentlemen's agreement" with the Roosevelt Administration during WWII.
Q2) Butler was an employee at Auto, an automobile assembling plant. The plant hired a large number of male and female employees but provided deplorable working conditions including unhygienic restrooms and poor ventilation. Despite several complaints and requests, the plant manager did not make any changes. Butler decided to bring this to the attention of the local government authorities through an official complaint. In the above scenario, Butler's role can be described as:
A) willful misconduct.
B) insubordination.
C) whistleblowing.
D) contributory negligence.
Answer: C
Q3) 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.
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Chapter 2: Employment Contracts and Wrongful Discharge
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Q1) Adam was an employee of ABC Corporation and he discovered the management was hiring illegal immigrants in most of its factories. He raised objection against the employer's practices and provided information to the law enforcing agencies regarding the illegal activities. The employer retaliated against Adam by terminating his employment. In this scenario, Adam is protected under:
A) Pennsylvania Human Relation Act which prohibits employee retaliation.
B) Section 203 and Section 806 of the Sarbanes-Oxley Act for illegal strikes.
C) OSHA and Title VII which protect employees who blow the whistle on illegal practice.
D) Section 203 of Title VII for breach of contract.
Answer: C
Q2) What are the protections for corporate whistleblowers under law?
Answer: Sarbanes-Oxley Act provides the protection for the corporate whistleblowers. SOX protects the employees who report for improper misconduct by corporate officials pertaining to fraud and corruption. Apart from SOX, OSHA and Title VII also protects employees who blow the whistle on illegal practices or who cooperate in investigations and testify at hearings from employer retaliation, such as employment termination.
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4
Chapter 3: Commonly Committed Workplace Torts
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Sample Questions
Q1) Defamation through speech is known as:
A) slander.
B) stipulation.
C) speculation.
D) libel.
Answer: A
Q2) Defamation by writing is known as:
A) writ.
B) slander.
C) libel.
D) dicta.
Answer: C
Q3) What is qualified privilege and which kind of privilege is provided to public and private employees?
Answer: Immunity from a suit in the absence of malice is known as qualified privilege. Privilege can be absolute or qualified. Public employers may enjoy an absolute privilege or sovereign immunity from lawsuit. Private employers have a qualified privilege, meaning they are protected from lawsuit if they speak without malice.
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Chapter 4: Employee Privacy Rights in the 21st Century
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Sample Questions
Q1) Justifiably suspecting a person, based on facts or circumstances, of inappropriate or criminal activities is termed:
A) a tort.
B) surveillance.
C) reasonable suspicion.
D) as a misdemeanor.
Q2) Which of the following is not part of a typical pre-employment drug testing policy?
A) Applicants will be required to voluntarily submit to a urinalysis test at a laboratory chosen by the company.
B) Any applicant with positive test results will be denied employment at that time.
C) The company will not entertain applications from candidates with a history of drug or alcohol abuse.
D) All job applicants need to undergo screening for the presence of illegal drugs or alcohol as a condition for employment.
Q3) Which aspect of internal investigation has instigated the highest amount of litigation? Discuss.
Q4) What is HIPAA?
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6
Chapter 5: The Global Perspective: International
Employment Law and American Immigration Policy
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Sample Questions
Q1) The international trade union movement has begun to use the term _______________ as an umbrella designation.
A) labor unions
B) empathizer's unions
C) trade unions
D) global unions
Q2) Under the ordinance passed by the city of Escondido (California), residents, businesses and city officials could:
A) file written complaints with the city if they suspected a landlord of renting to illegal immigrants.
B) file complaints based 'solely or primarily on the basis of national origin, ethnicity, or race.'
C) file written complaints if landlords were suspected of renting to illegal immigrants and the landlords in turn would have to evict the suspects within 6 months.
D) press landlords to provide documentation to the city of their tenants' financial stability.
Q3) 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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Sample Questions
Q1) What were the two amendments added to Title VII in 1991?
Q2) How is seniority defined under Title VII?
Q3) Can the use of the seniority system for employment decisions be protected under Title VII? Provide an illustration for your answer.
Q4) A mathematical formula developed by the EEOC to demonstrate disparate impact of a facially neutral employment practice on selection criteria is:
A) the four-fifths rule.
B) disparate treatment.
C) disparate impact.
D) content validity.
Q5) In Walters v. Metropolitan Educational Enterprises, Inc., the Supreme Court held that the __________ was used to determine the number of employees for coverage of Title VII.
A) "payroll method"
B) "statistical method"
C) content validity
D) construct validity
Q6) Explain the four-fifths rule.
Q7) Define construct validity.
8
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Chapter 7: Gender and Family Issues: Title VII and Other Legislation
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Sample Questions
Q1) Explain the coverage of the Equal Pay Act.
Q2) In Price Waterhouse v. Ann B. Hopkins, Ann Hopkins, a senior manager in an office of Price Waterhouse, was proposed for partnership. When the partners in her office refused to repropose her partnership, she sued the firm. The Supreme Court held that employment decisions may constitute sex discrimination in violation of Title VII, if the decision is based on:
A) age discrimination.
B) sex stereotypes.
C) grounds of pregnancy.
D) sexual harassment.
Q3) What is gender discrimination?
Q4) Under the Family and Medical Leave Act, the employer may deny leave to employees, who are designated as:
A) "employees on probation".
B) mandatory employees.
C) "key employees".
D) temporary employees.
Q5) Define the Bennett Amendment.
Q7) What are the important aspects of the Family and Medical Leave Act? Page 9
Q6) What is the provision relating to pregnant women working in hazardous condition?
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Page 10
Chapter 8: Discrimination Based on Religion and National
Origin Procedures Under Title VII
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Sample Questions
Q1) Mohammed worked in a garment manufacturing firm. He was a new immigrant from Afghanistan and due to the terrorist activities in his country he faced several discrimination issues at his place of work. He was subjected to humiliation and verbal abuse, and subsequently he was physically assaulted by his co-workers a few blocks from the company premises. He filed a suit under Title VII alleging racial discrimination by co-workers and his employers. To establish a prima-facie case he should present the court with:
A) enough evidence to raise a presumption of discrimination.
B) written notice from the federal government allowing him to sue his employers.
C) written notice from the state government allowing him to sue his employers and co-workers.
D) direct evidence to raise the mixed-motive analysis under Section 702(m).
Q2) Title VII includes religion within the BFOQ exception enumerated in:
A) Section 703(d) (2).
B) Section 703(d) (1).
C) Section 702(d) (2).
D) Section 703(e) (1).
Q3) What are disparate treatment claims?
Q4) Explain the policy regarding English-Only Rules.
Q5) Discuss the enforcement of Title VII.
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Chapter 9: Discrimination Based on Age
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Q1) In Gross v. FBL Financial Services, Inc., the Supreme Court held that the language of the Age Discrimination in Employment Act (ADEA) does not allow for:
A) waivers.
B) prima facie cases.
C) "mixed motive" cases.
D) bona fide occupational qualification.
Q2) 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.
Q3) 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.
Q4) What is bona fide seniority or benefit plan? What is its significance?
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Chapter 10: Discrimination Based on Disability
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Sample Questions
Q1) The provisions of the __________________ prohibit discrimination against otherwise qualified individuals with a disability.
A) Civil Rights Act of 1984
B) Fair Labors Standards Act
C) Rehabilitation Act of 1973
D) Executive Order 11246
Q2) In Board of Trustees of the University of Alabama v. Garrett, the U.S. Supreme Court, in a 5-4 decision, ruled that the Eleventh Amendment to the U.S. Constitution gave the states immunity from individual suits for damages under the:
A) Occupational Safety and Health Act.
B) National Labor Relation Act.
C) U. S. Constitution.
D) Americans with Disabilities Act.
Q3) Explain the term "qualified individual with a disability."
Q4) What is the procedure to claim remedies under the ADA?
Q5) Define "undue hardship".
Q6) Does the ADA consider drug tests to be medical tests?
Q7) Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?
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Q8) What is the constitutional validity of drug testing by public sector employment?
Chapter 11: Other Eeo and Employment Legislation: Federal and State Laws
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Sample Questions
Q1) Briefly explain the Uniformed Services Employment and Reemployment Rights Act.
Q2) Executive Order No. 11246 states that, as amended, firms doing business with the federal government must agree not to discriminate in employment on the basis of race, color, religion, national origin, or gender. This forms the basis of the federal government:
A) contract compliance program
B) affirmative action program
C) social welfare program
D) labor management program
Q3) Employers from discriminating against employees because of their legal off-duty recreational or political activities are prohibited under _____ of the New York State Labor Law.
A) Section 201-a
B) Section 201-d
C) Section 205-d
D) Section 203-b
Q4) What was the basic intention behind creation of the Civil Rights Acts of 1866 and 1870?
Q5) Give a brief outline of the Civil Rights Act of 1866 and 1870.
Q6) 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) Section 3 of the Norris-La Guardia Act declares that _____ are contrary to public policy of the United States.
A) ex parte proceedings
B) union boycotts
C) yellow-dog contracts
D) collective bargaining efforts
Q2) Briefly describe the National Labor Board.
Q3) In National Labor Relations Board v. Kentucky River Community Care, Inc. the lower court's judgment was:
A) remanded.
B) dismissed.
C) reversed.
D) upheld.
Q4) For labor issues, the National Labor Relations Board itself is the:
A) judicial branch.
B) administrative branch.
C) legislative branch.
D) arbitral tribunal.
Q5) What is a labor injunction?
Q6) Define managerial employees. Page 15
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Page 16
Chapter 13: The Unionization Process
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Q1) In Conair Corp. v. NLRB, the U.S. Court of Appeals for the D.C. Circuit held that it was inappropriate for the Board to issue a bargaining order where the union never established evidence of:
A) an employment agreement.
B) an arbitration agreement.
C) majority support.
D) minority approval.
Q2) An employer is entitled to file a petition only after one or more individuals or unions present that employer with a claim for recognition as the bargaining representative according to:
A) Section 9(c) (1) (B).
B) Section 9(c) (1) (A).
C) Section 9(c) (2) (A).
D) section 10(a) (1) (B).
Q3) Explain the rationale behind the rules that bar holding of bargaining representative election.
Q4) What is bargaining unit?
Q5) What is the significance of Section 9 (e) (1) of the NLRA pertaining to election?
Q6) Explain the two exceptions of contract bar rule.
Page 17
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Chapter 14: Unfair Labor Practices by Employers and Unions
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Q1) Strikes in which the union selectively strikes in just one firm in the industry are known as:
A) economic strikes.
B) whipsaw strikes.
C) unfair labor practice strikes.
D) local union strikes.
Q2) In NLRB v. City Disposal Systems, the Court of Appeals concluded that the Brown's refusal was not a(n) _____ according to Section 7 of the NLRA.
A) concerted activity
B) protected activity
C) unfair labor practice
D) unlawful activity
Q3) In the matter of verifying the union's claim to have the majority, the NLRB requires that the employer have a _____ about a union's claim of majority support in order to conduct a poll of employees regarding their support of a union.
A) discretionary trust
B) good consideration
C) good faith reasonable doubt
D) due care
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Page 18
Chapter 15: Collective Bargaining
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Q1) Define mass layoffs.
Q2) What are permissive bargaining subjects?
Q3) In _____, the Supreme Court held that an employer that pleads inability to pay in response to union ? demands in order to support his claim must provide some financial information.
A) NLRB v. Plymouth Stamping Division, Eltec Corp.
B) NLRB v. Truitt Mfg
C) Nurse Services of Western Massachusetts, Inc. v. NLRB
D) H. K. Porter Co. v. NLRB
Q4) Briefly describe the duty to bargain.
Q5) Which of the following is not true of the Truitt requirement to furnish information?
A) It applies to employers with 100 or more employees.
B) It is not a "truth-in-bargaining" requirement.
C) It relates only to claims of financial inability to meet union proposals.
D) It is aimed to help the union validate the employer's claims.
Q6) What was the purpose of the Worker Adjustment and Retraining Act (WARN)?
Q7) When can an employer act unilaterally?
Q8) What are the procedural requirements under Section 8(d) of the National Labor Relations Act?
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Chapter 16: Picketing and Strikes
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Q1) A dispute arises between an employer and the union in National Steel Manufacturing. The employer filed a petition in the Court of Appeals to issue injunction order over the disputes. The Court of Appeals issued an injunction. The union filed an appeal in U. S. Supreme Court against the order of Court of Appeal. The Supreme Court vacated the injunction order, stating that federal court does not have the power to issue injunction order under the:
A) National Labors Relation Act.
B) Occupational Safety and Health Act.
C) Norris-Guardia Act.
D) Sarbanes-Oxley Act.
Q2) What are hot cargo clauses?
Q3) Pressure tactics include all of the following, except:
A) picketing.
B) bargaining.
C) strikes.
D) patrolling.
Q4) What is a strike?
Q5) Discuss the NLRA provisions regarding picketing or refusal to work against any health-care institution.
Q6) What is the right of an employer under Section 8(b)(7)(C) related to picketing?
Page 20
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Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) What happens to the financial obligations of a corporation when it files a petition for the protection of the bankruptcy laws?
Q2) Compare and contrast rights arbitration and interest arbitration.
Q3) In John Wiley & Sons, Inc. v. Livingston, the Supreme Court held that the successor employer must arbitrate a grievance arising under the collective agreement where there was a _____ of identity in the business enterprise.
A) subrogation
B) substantial continuity
C) misrepresentation
D) withholding
Q4) The dispute regarding payment of wages between the West Coastal Company and its union was referred to a neutral arbitrator. The arbitration created a new agreement stating the terms and conditions of payment of wages. This is an example of a(n) _____ arbitration.
A) persuasive
B) interest
C) mandatory
D) rights
Q5) Define grievance process.
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Chapter 18: The Rights of Union Members
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Q1) What is the duty of fair representation on part of the union?
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) In Syres v. Oil Workers Local 23, the Supreme Court held that the duty of fair representation also extended to unions granted bargaining agent status under _____ of the National Labor Relation Act.
A) Section 9(a)
B) Section 8()(5)
C) Section 11(1)(c)
D) Section 7(a)
Q5) How is the duty of fair representation enforced?
Q6) Which legislation controls the operation and administration of employee welfare and pension plans?
Page 22
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Chapter 19: Public Sector Labor Relations
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Q1) The Federal Labor Relations Act may also seek injunctions, restraining orders, or contempt citations in the federal courts against the:
A) federal employers.
B) independent contractors.
C) striking unions.
D) state employers.
Q2) The Federal Labor Relations Authority has broad authority for fashioning remedial orders for:
A) fair representations.
B) unfair labor practices.
C) strikes.
D) whistle blowing.
Q3) In National Treasury Employees Union v. Michael Chertoff, Secretary, United States Department of Homeland Security, the District Court held that the Department exceeded its authority in attempting to conscript the _____ into the HR system.
A) Federal Labor Relations Authority
B) Employment Relations Commission
C) National Labor Relations Board
D) Public Service Commission
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Page 23
Chapter 20: Occupational Safety and Health
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Q1) The Hot Zone Thermometer Company manufactures outdoor thermometers in a small factory in the Bronx. The company employs illegal immigrant's to do the assembly work which involves injecting liquid mercury into the glass tubes, sealing the tubes, and affixing them to the wooden frames of the twelve inch device. The management knew the risks involved, but declined to provide protective equipment, such as rubber gloves and masks, or even proper safety training for the workers. In this case, despite their illegal status, the employees are protected under the:
A) federal labor laws.
B) local medical laws.
C) OSHA.
D) Immigration and Nationality Act.
Q2) Sheila, a physically-challenged employee at National Steel Manufacturing Company, informs her supervisor about the lack of ventilation in the assembly unit, but the supervisor takes no action on her suggestion. In this scenario, it may be concluded that National Steel Manufacturing Company has violated the:
A) Civil Rights Act.
B) Occupational Safety and Health Act.
C) Americans with Disability Act.
D) Equal Employment Opportunity Act.
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Page 24
Chapter 21: The Employee's Safety Nets: Unemployment
and Workers' Compensation, Social Security, and Retirement Plans
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Q1) Welfare plans usually provide participating employees and their beneficiaries with all of the following except:
A) unemployment benefits.
B) medical coverage.
C) pension benefits.
D) death benefits.
Q2) Which of the following is not a category under the Social Security system?
A) Retirement insurance benefits
B) Medicare
C) Unemployment benefits
D) Disability
Q3) Explain the three major categories of the Social Security system.
Q4) Which are the two enactments that predated the National Labor Relations Act and Workers' Compensation laws?
Q5) Define willful misconduct.
Q6) The Jones Act is applicable to:
A) sailors.
B) retirees.
C) medical professionals.
Page 25
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Page 26
Chapter 22: The Fair Labor Standards Act
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Q1) Suzy Smart works part-time in the Handi Mart convenience store. The manager at Handi Mart requires that each clerk arrive fifteen minutes prior to the start of the shift so that the clerk going off duty can review the sales figures and cash status with the replacement before leaving, but her extra fifteen minutes of working time was never recorded. Under which act can Suzy and her co-workers sue the store and the manager?
A) The Fair Labor Standards Act
B) The Walsh-Healy Act
C) The Occupational Safety and Health Act
D) The Equal Pay Act
Q2) Can employees file a suit to recover back wages and overtime pay? If so, what are the limitations for FLSA violations?
Q3) Which of the following Acts is not aimed at restricting or regulating child labor?
A) The National Industrial Recovery Act
B) The Walsh-Healy Act
C) The Fair Labor Standards Act
D) Age Discrimination and Employment Act
Q4) What was impact of the first federal law against child labor?
Q5) How did the NIRA come into effect?
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