Achieve Success in the HRCI SPHR Exam: A Detailed Senior Professional in Human Resources Guide

Answer option A is correct.Diversity simply means “the differences among people.” Although diversity encompasses protected-class characteristics (D) and can be a measure of non-discriminatory hiring practices (C), it represents the differences of all employee behaviors and classifications. Knowledge management programs (B) refer to the ability of the employer to retain and apply the collective knowledge of their workers to achieve strategic aims.

Chapter: Employee and Labor Relations

Objective: Review Questions

Answer option B is correct.A company cannot threaten employees or make promises to them contingent on the workforce remaining union free. A philosophy statement should be geared toward communicating the company's desire to work directly with the employees in discussions about working conditions or benefits. If a union does attempt to organize, it is important for the employer to work directly with outside council to determine the strategic benefits of discussing the desire to remain union free and the disadvantages/limitations of unions as employee representatives.

Chapter: Employee and Labor Relations

Objective: Review Questions

Answer option A is correct.Harris v. Forklift Systems Inc. was referenced in the case of same-sex harassment brought to the Supreme Court in Oncale v. Sundowner (D). Oncalehelped determine that gender is of little consequence when harassment meets the statutory requirements defined in Harris. Faragher v. City of Boca Raton (B) and Burlington Industries v. Ellerth (C) were also important cases aiding in interpreting the concept of sexual harassment in the workplace.

Chapter: Employee and Labor Relations

Objective: Review Questions

Answer option A is correct.

Chapter: Risk Management

Objective: Risk Management

Answer option D is correct.FICA requires employers to pay Social Security and Medicare for employees and to withhold an equal amount from employee paychecks. There is no federal law requiring employers to provide pension plans (B) and (C). No federal law requires employers to provide health insurance (A).

Chapter: Compensation and Benefits

Objective: Review Questions

Answer option A is correct.

Chapter: Employee and Labor Relations

Objective: Federal Employment Legislation

Answer option C is correct.The employee representative is entitled to receive copies of incident reports with the identifying information omitted. Employers have 7 calendar days to provide the information to an employee representative. Copies of the OSHA form 300 log must be provided by the end of the following business day (B) when requested by employees or their representatives. Options A and B do not apply to OSHA requirements.

Chapter: Risk Management

Objective: Review Questions

Answer option D is correct.Unusual activity related to employee meetings (C), complaints against supervisors, the sudden use of union terms (B), and an increased interest in employee benefits (A) are all signs of potential union activity.

Chapter: Employee and Labor Relations

Objective: Review Questions

Answer option A is correct.Weingarten rights give all union members the right to request that a co-worker or shop steward be present during an interview if the employee believes the interview could lead to disciplinary action. The employer may decide to use other facts available without interviewing the employee. The Weingarten ruling does not entitle employees to have an attorney present (C). Employers are not required to wait for a lengthy period of time until the co-worker returns (D). The interview must be discontinued while waiting for the co-worker (B). As of 2004, employers are required to honor Weingarten requests only for union members.

Chapter: Employee and Labor Relations

Objective: Review Questions

nswer option B is correct.No federal law requires employers to provide a retirement plan to employees. If employers do provide retirement benefits, ERISA (A) regulates how the plans are offered and administered. OBRA (D) capped executive pay, required health plans to honor qualified medical child-support orders, and required that group health plans provide coverage for dependent adopted children of employees. The OWBPA (C) amended the ADEA to prohibit discriminating against older workers in benefit plans and defined requirements for employee waivers of their rights under the act.

Chapter: Compensation and Benefits

Objective: Review Questions

Answer option C is correct.Constructive discharge occurs when the employer forces an employee to resign by creating a work environment that is so unpleasant a reasonable person would resign. The duty of good faith and fair dealing (B) applies to contracts, requiring both parties to act in a fair and honest manner with each other to ensure that benefits of the contract are realized. Promissory estoppel (D) occurs when an employer entices an employee to take an action by promising a reward but then does not follow through on the reward. Fraudulent misrepresentation (A) occurs when an employer makes untrue promises or claims to a candidate.

Chapter: Employee and Labor Relations

Objective: Review Questions

Answer option D is correct.

Chapter: Risk Management

Objective: Risk Management

Answer option B is correct.The closed shop clause is illegal except in the construction industry. The closed shop clause requires that all new hires be members of the union before they are hired.Answer option C is incorrect. The agency shop clause specifies that all employees must either join the union or pay union dues if they choose not to join the union.Answer option A is incorrect. The union shop clause requires that all employees join the union within a grace period specified by the contract.Answer option D is incorrect. There is no such term as common shop clause.

Chapter: Employee and Labor Relations

Objective: Union Organization

Answer option C is correct.USERRA protects the rights of reservists called to active duty in the armed forces and applies to all public and private employers in the United States. It includes pension protection for returning service members related to vesting, accrual, and employer contribution continuity. The Sherman Anti-Trust act is legislation used to control business monopolies, and Executive Order 11246 (D) prohibits employment discrimination. The Equal Employment Opportunity Act (B) provided litigation authority to the EEOC back in 1972.

Chapter: Employee and Labor Relations

Objective: Review Questions

Answer option D is correct.

Chapter: Risk Management

Objective: Risk Assessment