Human Resource Management
Textbook Exam Questions
Course Introduction
Human Resource Management focuses on the strategies, policies, and practices used to effectively manage people within organizations. This course examines core areas such as recruitment and selection, training and development, performance management, compensation, employee relations, and legal issues. Students will explore how human resource professionals contribute to organizational success by aligning HR practices with business strategy, fostering a positive workplace culture, and ensuring compliance with labor laws. Through case studies and practical exercises, learners will gain the skills needed to address contemporary HR challenges and support the development of a productive, motivated workforce.
Recommended Textbook
Employment and Labor Law 8th Edition by
Patrick J. Cihon
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Page 2
Chapter 1: First The Forest, Then The Trees: An Overview Of Employment And Labor Law
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Q1) 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.
Q2) A litigant's choice of solutions for a perceived wrong can be employed as a(n):
A) choice of cause.
B) writ of certiorari.
C) election of remedies.
D) arbitration.
Answer: C
Q3) In Gilmer v.Interstate/Johnson Lane Corporation case,Gilmer filed a charge with EEOC and brought suit in the District Court,alleging that he had been discharged in the violation of:
A) The Social Security Act (1935).
B) National Labor Relations Act (1935).
C) Civil Rights Act (1964).
D) Age Discrimination in Employment Act of (1967).
Answer: D
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Page 3
Chapter 2: Employment Contracts And Wrongful Discharge
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Q1) Robert is a respected member of the Santa Clara community and works with a local architectural firm.He was selected by the court to perform jury duty on a case.The case went on for several days and caused Robert to miss work for the entire duration.Upon his return,he discovered that his team member had replaced him and his services were abruptly terminated.In this scenario Robert can challenge his termination under:
A) the public policy exception.
B) Title VII.
C) the National Labor Relation Act.
D) the U.S.Constitution.
Answer: A
Q2) Identify two Acts that protect whistleblowers from employer retaliation. Answer: Occupational Safety and Health Act (OSHA) and Title VII provide protection to whistleblowing employees.
Q3) What is SOX?
Answer: SOX is the Sarbanes-Oxley Act.It protects employees who report improper conduct by corporate officials concerning securities fraud and corruption.
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Chapter 3: Commonly Committed Workplace Torts
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Q1) What is a tort and how it is applicable in employer-employee relationships?
Answer: The word tort means a civil wrong not based upon a preexisting contractual relationship.By and large,tort law is the law of personal injury.Its application to employer-employee relationship is affected by workers' compensation insurance,which immunizes the employer from some tort liabilities.
Q2) Why have some courts been reluctant to adopt the tort of intentional infliction of emotional distress?
Answer: Courts have been concerned that in the absence of physical injury,plaintiffs can readily fake emotional distress and win undeserved verdicts,and,hence,have been reluctant to adopt this tort.
Q3) The imputation of crime,disease,and those affecting the plaintiff in his business,trade,profession,office or calling are commonly recognized forms of:
A) per se defamation.
B) strict liability.
C) absolute liability.
D) negligence.
Answer: A
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Chapter 4: Employee Privacy Rights In The 21st Century
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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) One of the express purposes of HIPAA's privacy provisions is to:
A) prevent employers from using PHI for personnel decisions.
B) prevent employers from creating a "firewall" between employees who administer health insurance plans and all other employees.
C) protect employees and applicants who may suffer from physical and mental disabilities.
D) remove many thousands of private employers from HIPAA and its implementing regulations.
Q3) In Cockram v.Genesco,an employee sued for:
A) defamation and false light invasion of privacy.
B) slander.
C) unreasonable suspicion.
D) genetic testing.
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Page 6
Chapter 5: The Global Perspective: International
Employment Law And American Immigration Policy
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Q1) Which one of these states is not included in the early entrants of the controversial legal arena?
A) California
B) Texas
C) Alabama
D) Missouri
Q2) In Chamber of Commerce of U.S.v.Whiting,what act was examined?
A) Alien Tort Claims Act
B) Legal Arizona Workers Act
C) Torture Victim Protection Act
D) Immigration Reform and Control Act
Q3) What is the role of the convention of Service Abroad of Judicial and Extrajudicial Documents in civil or commercial matters?
Q4) Which branch is the largest investigative branch of the Department of Homeland Security (DHS)?
A) U.S.Social Security Administration
B) U.S.Immigration and Customs Enforcement
C) U.S.Department of Justice
D) U.S.Department of State
Q5) What does the Alien Tort Claims Act provide?
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Chapter 6: Title Vii Of The Civil Rights Act And Race Discrimination
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Q1) In Connecticut v.Teal,on December 2,1978,a written test was conducted in the Department of Income Maintenance of the state of Connecticut for the permanent status as supervisors.This test was administered to 329 candidates.Which of the following statements does not accurately represent the case?
A) Approximately 79 percent identified themselves as white and 14.5 percent identified themselves as African Americans.
B) Out of the 48 identified black candidates who participated in the selection process, 22.9 percent were promoted.
C) The trial court held that the "bottom-line" promotion percentages in the case was not a defense and that Connecticut's use of the exam was a violation of Title VII.
D) The U.S.Court of Appeals for the Second Circuit reversed the trial court decision.
Q2) In EEOC v.Dial Corp.,after the Work Tolerance Screen (WTS) was adopted:
A) the percentage of new female hires declined.
B) the percentage of new female hires significantly increased.
C) the percentage of new hires from minority groups declined.
D) the percentage of new male hires significantly declined.
Q3) Define construct validity.
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Page 8
Chapter 7: Gender And Family Issues: Title Vii And Other Legislation
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Q1) The provision that men and women performing substantially equal work should be paid equally is part of the:
A) the Equal Pay Act.
B) the Family and Medical Leave Act.
C) the Pregnancy Discrimination Act.
D) "Gender-Plus" Discrimination.
Q2) ____________ 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
Q3) What is Bona Fide Occupational Qualification?
Q4) Explain the leave provision under FMLA.
Q5) What is gender discrimination?
Q6) Define the Bennett Amendment.
Q7) Explain the coverage of the Equal Pay Act.
Q8) What is the provision relating to pregnant women working in hazardous condition? Page 9
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Page 10
Chapter 8: Discrimination Based On Religion And National
Origin & Procedures Under
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Q1) Explain the policy regarding English-Only Rules.
Q2) One way to establish proof of a disproportionate impact is by using the:
A) Four-Fifth Rules from the NLRB guidelines.
B) Four-Fifth Rules from the IRCA Guidelines.
C) Four-Fifths Rule from the EEOC Guidelines.
D) Lilly Ledbetter Fair Pay Act Guidelines.
Q3) All of the following individuals are subject to Title VII through the Presidential and Executive Office Accountability Act except employees of the:
A) House of Representatives.
B) executive office of the president.
C) executive residence at the White House
D) official residence of the vice president
Q4) Mixed-motive discrimination claims fall under section:
A) 703(n) of Title VII.
B) 703(c) of Title VII.
C) 703(m) of Title VII.
D) 703(a) of Title VII.
Q5) What provisions are provided under section 703(e) (2) of Title VII of the Civil Rights Act of 1964?
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Chapter 9: Discrimination Based on Age
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Q1) In Kimel v.Florida Board of Regent,the Supreme Court held that the Eleventh Amendment of the U.S.Constitution provides:
A) state governments with immunity from suits by private individuals under the Age Discrimination in Employment Act.
B) individuals immunity from suits by private employers.
C) federal governments with immunity from suits by state government.
D) all seniority systems and benefit plans "shall require the involuntary retirement of individuals.".
Q2) 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.
Q3) Provide examples of violations of the Age Discrimination in Employment Act.
Q4) How is the Age Discrimination in Employment Act enforced and administered?
Q5) What are the procedures to file complaint for alleged violation under Age Discrimination in Employment Act?
Q6) When is arbitration for ADEA claims enforced?
Page 12
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Chapter 10: Discrimination Based On Disability
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Q1) Duke was an employee at General Vehicles Company.He had a problem with alcohol and often remained absent from work.The company decided to terminate him from employment after confirming their suspicions,but without providing a warning or any suggestion to undergo rehabilitation.In this case,the company violated ADA and Rehabilitation Act,which failed to:
A) a proper medical test.
B) make reasonable accommodation.
C) establish the connection between alcoholism and productivity.
D) make any further investigation.
Q2) How do state laws handle discrimination with respect to disabilities?
Q3) Which of the following conditions are included in the definition of disability under the Americans with Disabilities Act (ADA)?
A) Employees who use illegal drugs
B) Infectious or contagious diseases
C) Temporary or short-term nonchronic conditions
D) Alcoholics who use alcohol
Q4) Explain the food handler defense under the ADA.
Q5) What is the American with Disabilities Act?
Q6) Define "undue hardship".
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Chapter 11: Other Eeo And Employment Legislation: Federal And
State Laws
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Q1) The laws that allow employees to bring firearms onto their employer's property were challenged by a number of employers on the grounds that requiring employers to allow guns on their property would violate the employers' general duty under the _____ to provide a safe workplace.
A) Section 201-d of the New York State Labor Law
B) Federal Mine Health and Safety Act
C) Civil Rights Act
D) federal Occupational Safety and Health Act (OSHA)
Q2) 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
Q3) Briefly explain the Uniformed Services Employment and Reemployment Rights Act.
Q4) What reasons allow employers not to reinstate employees after their military service?
Q6) Give a brief outline of the Civil Rights Act of 1866 and 1870. Page 14
Q5) What is the role of federal Employee Polygraph Protection Act of 1988?
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Page 15
Chapter 12: The Rise Of Organized Labor And Its Regulatory Framework
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Q1) Briefly explain Norris-La Guardia Act.
Q2) The Railway Labor Act was amended by the:
A) National Industrial Recovery Act.
B) Congress.
C) National Labor Relations Board.
D) Taft-Hartley Act.
Q3) The number of regional offices of the NLRB is:
A) thirty-four.
B) thirty-two.
C) eighty eight.
D) eighty four.
Q4) Which case illustrates the broad scope of the definition of labor dispute under the Norris-La Guardia Act?
A) National Labor Relations Board v.Kentucky River Community Care, Inc.
B) Pulte Homes, Inc.v.Laborers' International Union of North America
C) Duplex Printing Press Company v.Deering
D) Loewe v.Lawlor
Q5) Explain antitrust laws.
Page 16
Q6) Who proposed the National Labor Relations Act (NLRA) in the Senate and in which year?
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Page 17
Chapter 13: The Unionization Process
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Q1) The National Labor Relations Board (NLRB) recently adopted a new rule regarding situations where the employer has voluntarily recognized a union,that is,where no recognition election has been held.In Dana Corp.,the Board held that employees and rival unions have _____ to challenge the voluntary recognition of a union.
A) seven days
B) two weeks
C) forty-five days
D) three months
Q2) Explain the rationale behind the rules that bar holding of bargaining representative election.
Q3) 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).
Q4) Which rule bars holding an election in the bargaining unit?
Q5) Define voluntary recognition.
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Chapter 14: Unfair Labor Practices By Employers And Unions
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Q1) Under the NLRB,unfair labor practice strikes are:
A) personal activity.
B) protected activity.
C) criminal act.
D) not acceptable.
Q2) 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.
Q3) 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.
Q4) When should an employer conduct a poll?
Q5) Which act defines unfair labor practices?
Page 19
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Chapter 15: Collective Bargaining
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Q1) Under _____,when a union is certified as the winner of a representation election,the employer is ? required to bargain with it.
A) Section 9(a)
B) Section 8(a)(1)
C) Section 8(b)(3)
D) Section 8(a)(5)
Q2) What are mandatory bargaining subjects?
Q3) Briefly describe permissive bargaining subjects.
Q4) As long as the parties bargain with an intention to find a basis of agreement,the breakdown or ? deadlock of negotiations is not a violation of the:
A) terms of agreement.
B) duty to bargain in good faith.
C) NLRA.
D) employment contract.
Q5) If the employer pleads inability to pay,the union _____ .
A) can demand a lockout.
B) must make a good faith demand for financial information.
C) is entitled to petition the NLRB against the employer.
D) can legally conduct an economic strike.
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Chapter 16: Picketing And Strikes
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Q1) What is common situs picketing?
Q2) In NLRB v.Business Machine & Office Appliance Mechanics Conference Board,IUE,Local 459 [Royal Typewriter Co.],there was a labor dispute between the Royal Typewriter Company and the Business Machine and Office Appliance Mechanics Conference Board,the certified bargaining agent of Royal's typewriter mechanics and other service personnel.In this case,it was held that Section 8(b)(4) of the NLRA:
A) held employers liable for damages.
B) prohibited National Labor Relation Board the jurisdiction to hear the matter.
C) does not protect the employers.
D) does not protect employees.
Q3) What does Section 8(b)(4) of the National Labor Relations Act deal with?
Q4) What is a strike?
Q5) What are the national emergency provisions under the Taft-Hartley Act of 1947?
Q6) The case of Brady v.National Football League involved which act?
A) Landrum-Griffin Act
B) Sherman Act
C) Clayton Act
D) Norris-La Guardia Act
Q7) Briefly discuss state regulation(s) on picketing.
Q8) Discuss the jurisdictional disputes of Section 8(b)(4)(D).
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Chapter 17: The Enforcement And Administration Of The Collective Agreement
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Q1) Describe the limitation to allowing damage suits for breach of no-strike clauses.
Q2) 11 U.S.C Section 1114 creates a procedure for modification or rejection of retiree benefit obligations.Explain this statement by stating the provisions covered under Section 1114.
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) In NLRB v.Bildisco & Bildisco,the Supreme Court held that an employer who files for reorganization under Chapter 11 of the Bankruptcy Act does not violate Section 8(a)5 by unilaterally changing the terms of the collective agreement:
A) after appointing an arbitrator for the issue.
B) after reelecting the bargaining unit.
C) after filing the bankruptcy petition.
D) before signing a takeover agreement.
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Chapter 18: The Rights Of Union Members
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Q1) In _____,the Supreme Court held that to recover damages against both the employer and the union,the employee must prove both that the employer's actions violated the collective agreement and that the union's handling of the grievance breached the duty of fair representation.
A) Bowen v.U.S.Postal Service
B) Chauffeurs, Teamsters and Helpers, Local No.391 v.Terry
C) Marquez v.Screen Actors Guild
D) Lehnert v.Ferris Faculty Ass'n
Q2) Where the employee has established a breach of the collective agreement by the employer and a breach of the duty of fair representation by the union,the employer and the union must:
A) derecognize the bargaining representative.
B) reelect the bargaining unit.
C) refer the issue to an external party.
D) share liability.
Q3) What is an agency shop?
Q4) Which legislation controls the operation and administration of employee welfare and pension plans?
Q5) Who creates the union's duty of fair representation?
Q6) Briefly describe the union members' bill of rights.
Page 23
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Chapter 19: Public Sector Labor Relations
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Q1) The Lloyd-La Follette Act of 1912 gave _____ the right to join unions.
A) postal workers
B) paramedicals
C) paralegals
D) rail road workers.
Q2) In National Treasury Employees Union v.Michael Chertoff,Secretary,United States Department of Homeland Security,the Supreme Court of Wisconsin recognized that both the Federal and State Constitutions protect freedom of speech and the right to petition the government,but noted that these rights:
A) may be abridged in case it will bring about the substantive evils that the legislature has a right to prevent.
B)may not be abridged in case it will bring about the substantive evils that the legislature has a right to prevent.
C) may be abridged in its discretion even if legislature has the right to prevent.
D) may be abridged in case the Supreme Court permits; even if legislature has the right to prevent.
Q3) Briefly explain the role of the Federal Service Labor-Management Relations Act.
Q4) Describe the Federal Labor Relations Authority (FLRA).
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Page 24
Chapter 20: Occupational Safety And Health
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Q1) What are the two main goals of the Occupational Safety and Health Act?
Q2) In line with Lessig's observation,the EEOC released certain guidelines concerning the creation of emergency plans that comply with the:
A) Tucker Act.
B) Occupational Hazard Act.
C) American with Disabilities Act.
D) Civil Right Act.
Q3) In _____,the court held that the Occupational Safety and Health Administration was precluded from exerting its jurisdiction over offshore oil platforms because of the coverage by the Coast Guard and the Geological Survey.
A) Ben v.Sam.
B) Marshall v.Nichols
C) Marshall v.Barlow's Inc
D) Wood v.Department of Labor
Q4) Under which law or laws are illegal immigrant workers in the United States protected?
Q5) How many agencies are created under the Occupational Safety and Health Act for administration and enforcing the Act?
Q6) Name the two kinds of variances under OSHA.
Page 25
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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) In Meyer v.Burger King Corporation,the Washington Supreme Court declined to limit the child's remedy to the provisions of the:
A) Fair Labor Standards Act.
B) Workers' Compensation Act.
C) National Labor Relations Act.
D) Equal Employment Opportunity Act.
Q2) What constitutes disability under the Social Security system?
Q3) In Label Systems Corp.v.Aghamohammadi,the defendants were terminated from employment alleging willful and felonious misconduct.The plaintiff filed a three-count complaint against the defendants and the defendants counterclaimed against the plaintiff by filing a third-party complaint.The jury in this case found that the plaintiffs were liable for vexatious litigation.The trial court denied several post-trial motions filed by both parties,awarded Label Systems $19,460.17 in punitive damages,and rendered judgment in accordance with the jury's verdict.The Supreme Court concluded that the trial court did not abuse its discretion by denying the plaintiffs':
A) default judgment.
B) punitive damages.
C) motion to dismiss.
D) motion for remittitur.
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Chapter 22: The fair labor standards act
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Q1) How is the Fair Labor Standard Act (FLSA) enforced?
Q2) In Solis v.Laurelbrook Sanitarium and School,Inc.,the issue at hand was the:
A) overtime provision of the FLSA.
B) minimum wage provision of the FLSA.
C) child labor provision of the FLSA.
D) All of the above.
Q3) Describe the coverage of the FLSA.
Q4) 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
Q5) Employers and employees not covered by the Fair Labor Standards Act are generally subject to:
A) terms and conditions of the bargaining agreement.
B) federal administrative rules and regulations.
C) terms of the labor contract.
D) state laws of United States.
Q6) What is willful violation?
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