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SPHR Questions - Part 5
1. As a Senior HR Professional you should be familiar with employment laws and their effect on your company. What did the lawsuit Payne v. The Western &Atlantic Railroad Company establish?
A) Employment at will
B) Employers could be liable for sexual harassment of its employees
C) Employers could be liable for the actions of its employees
D) A company couldn't coerce an employee to commit a crime to retain employment
2. What term is assigned to the barriers that women and minorities may face when trying to advance to senior levels of an organization?
A) Societal barrier
B) Internal structure barrier
C) Governmental barrier
D) Glass ceiling
3. Your organization has employed a temporary worker for a position in your company. During employment the individual has been called to military duty. Under theUniformed Services Employment and Reemployment Rights Act of 1994 are you obligated to reinstate the individual upon his return from duty?
A) No, because temporary employees do not have reinstatement rights.
B) No, because once an employee leaves, you are not obligated to reinstate them.
C) Yes, if they have been working as a temporary employee for more than 90 days.
D) Yes, the Uniformed Services Employment and Reemployment Rights Act of 1994 requires it.
4. Mark is a contractor for the CleanSweep Chimney Company. When the CleanSweep Chimney Company has work that they can't manage they'll send Mark to the customer site to quote on the work based on their standardized fees and complete the work on their behalf. The company will pay Mark for his time. Mark, however, often tells the home owners what the CleanSweep Chimney Company will charge, but he can personally do the job for less than the CleanSweepChimney Company. What is this an example of?
A) Bait and switch
B) Breach of duty of loyalty
C) Breach of duty of diligence
D) Breach of duty of obedience
5. What is the most effective method to use when an employer wants to obtain insight into employee goals and job satisfaction and provide career counseling to those in the work group?
A) An employee survey
B) A skip-level interview
C) An employee focus group
D) A brown-bag lunch
A) Employment at will
B) Employers could be liable for sexual harassment of its employees
C) Employers could be liable for the actions of its employees
D) A company couldn't coerce an employee to commit a crime to retain employment
2. What term is assigned to the barriers that women and minorities may face when trying to advance to senior levels of an organization?
A) Societal barrier
B) Internal structure barrier
C) Governmental barrier
D) Glass ceiling
3. Your organization has employed a temporary worker for a position in your company. During employment the individual has been called to military duty. Under theUniformed Services Employment and Reemployment Rights Act of 1994 are you obligated to reinstate the individual upon his return from duty?
A) No, because temporary employees do not have reinstatement rights.
B) No, because once an employee leaves, you are not obligated to reinstate them.
C) Yes, if they have been working as a temporary employee for more than 90 days.
D) Yes, the Uniformed Services Employment and Reemployment Rights Act of 1994 requires it.
4. Mark is a contractor for the CleanSweep Chimney Company. When the CleanSweep Chimney Company has work that they can't manage they'll send Mark to the customer site to quote on the work based on their standardized fees and complete the work on their behalf. The company will pay Mark for his time. Mark, however, often tells the home owners what the CleanSweep Chimney Company will charge, but he can personally do the job for less than the CleanSweepChimney Company. What is this an example of?
A) Bait and switch
B) Breach of duty of loyalty
C) Breach of duty of diligence
D) Breach of duty of obedience
5. What is the most effective method to use when an employer wants to obtain insight into employee goals and job satisfaction and provide career counseling to those in the work group?
A) An employee survey
B) A skip-level interview
C) An employee focus group
D) A brown-bag lunch
1. Right Answer: A
Explanation: Answer option A is correct.The lawsuit Payne v. The Western & Atlantic Railroad Company in 1884 established the principle of employment at will.Answer option B is incorrect. Employers can be found liable for sexual harassment of its employees. This is an example of respondeat superior.Answer option C is incorrect. Employers can be found liable for the actions of its employees. This is an example of respondeat superior.Answer option D is incorrect. Companies cannot coerce employees to commit a crime. This is the outcome of the Petermann v. International Brotherhood ofTeamsters.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation
2. Right Answer: D
Explanation: Answer option D is correct.The term 'glass ceiling' describes the invisible, but evident barriers that can prevent women and minorities from achieving the senior levels of an organization.Robert Dole introduced the legislation that was amended into Title II of the Civil Rights Act of 1991.Answer option A is incorrect. The societal barrier is one of the three barriers of the glass ceiling concept. It addresses limited educational opportunities and biases related to gender, race, and ethnicity.Answer option B is incorrect. Internal structure barrier is one of the three barriers of the glass ceiling concept. It addresses corporate practices, management control, and recruiting programs.Answer option C is incorrect. Governmental barrier is one of the three barriers of the glass ceiling concept. It addresses the inconsistent enforcement of equal opportunity.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation
3. Right Answer: A
Explanation: Answer option A is correct.Temporary employees do not have reinstatement rights under the Uniformed Services Employment and Reemployment Rights Act of 1994.Answer option B is incorrect. Temporary employees do not have reinstatement rights, but non-temporary employees do have reinstatement rights.Answer option C is incorrect. The 90-day notice is not a valid measurement for reinstatement of temporary personnel.Answer option D is incorrect. This isn't a valid statement as the act doesn't require an employer to reinstate temporary workers.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation
4. Right Answer: B
Explanation: Answer option B is correct.When Mark influences the home owner's decision to benefit himself he's breaching the common law of duty of loyalty.Answer option A is incorrect. Bait and switch is sales ploy that offers a price on one product, but then the salesperson offers a higher price on the similar item. For example, an advertisement offers a television for $500, but when you visit the store they're out of that model. The salesperson shows you a similar model that sells for $599.Answer option C is incorrect. The common law term duty of diligence describes an employee's responsibility to act with reasonable care and skill for the employer.This is part of the employee-employer payment contract.Answer option D is incorrect. Duty of obedience describes an employee's obligation to follow the employer's authority and reasonable and legal policies, procedures, and rules.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation
5. Right Answer: B
Explanation: Answer option B is correct.A skip-level interview provides an opportunity for a manager's manager to obtain insight into the goals and satisfaction of employees in the work group. An employee survey (A) is best used to gather information about various issues that can be collated and summarized. A focus group (B) can be used to involve employees in the decision-making process. A brown-bag lunch (D) is an effective way for senior managers to meet with small groups of employees to answer questions about the company goals and mission and to obtain feedback about operations. See Chapter 7 for more information.Chapter: Employee and Labor RelationsObjective: Employee Relations
Explanation: Answer option A is correct.The lawsuit Payne v. The Western & Atlantic Railroad Company in 1884 established the principle of employment at will.Answer option B is incorrect. Employers can be found liable for sexual harassment of its employees. This is an example of respondeat superior.Answer option C is incorrect. Employers can be found liable for the actions of its employees. This is an example of respondeat superior.Answer option D is incorrect. Companies cannot coerce employees to commit a crime. This is the outcome of the Petermann v. International Brotherhood ofTeamsters.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation
2. Right Answer: D
Explanation: Answer option D is correct.The term 'glass ceiling' describes the invisible, but evident barriers that can prevent women and minorities from achieving the senior levels of an organization.Robert Dole introduced the legislation that was amended into Title II of the Civil Rights Act of 1991.Answer option A is incorrect. The societal barrier is one of the three barriers of the glass ceiling concept. It addresses limited educational opportunities and biases related to gender, race, and ethnicity.Answer option B is incorrect. Internal structure barrier is one of the three barriers of the glass ceiling concept. It addresses corporate practices, management control, and recruiting programs.Answer option C is incorrect. Governmental barrier is one of the three barriers of the glass ceiling concept. It addresses the inconsistent enforcement of equal opportunity.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation
3. Right Answer: A
Explanation: Answer option A is correct.Temporary employees do not have reinstatement rights under the Uniformed Services Employment and Reemployment Rights Act of 1994.Answer option B is incorrect. Temporary employees do not have reinstatement rights, but non-temporary employees do have reinstatement rights.Answer option C is incorrect. The 90-day notice is not a valid measurement for reinstatement of temporary personnel.Answer option D is incorrect. This isn't a valid statement as the act doesn't require an employer to reinstate temporary workers.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation
4. Right Answer: B
Explanation: Answer option B is correct.When Mark influences the home owner's decision to benefit himself he's breaching the common law of duty of loyalty.Answer option A is incorrect. Bait and switch is sales ploy that offers a price on one product, but then the salesperson offers a higher price on the similar item. For example, an advertisement offers a television for $500, but when you visit the store they're out of that model. The salesperson shows you a similar model that sells for $599.Answer option C is incorrect. The common law term duty of diligence describes an employee's responsibility to act with reasonable care and skill for the employer.This is part of the employee-employer payment contract.Answer option D is incorrect. Duty of obedience describes an employee's obligation to follow the employer's authority and reasonable and legal policies, procedures, and rules.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation
5. Right Answer: B
Explanation: Answer option B is correct.A skip-level interview provides an opportunity for a manager's manager to obtain insight into the goals and satisfaction of employees in the work group. An employee survey (A) is best used to gather information about various issues that can be collated and summarized. A focus group (B) can be used to involve employees in the decision-making process. A brown-bag lunch (D) is an effective way for senior managers to meet with small groups of employees to answer questions about the company goals and mission and to obtain feedback about operations. See Chapter 7 for more information.Chapter: Employee and Labor RelationsObjective: Employee Relations
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