HRM 3110 Employment and Labor Law (D352)
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Free HRM 3110 Employment and Labor Law (D352) Questions
Form of sexual harassment where jokes, teasing of a sexual nature, and other sexual taunting create an unwelcome environment
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Quid pro quo
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Disparate treatment
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Reasonable person standard
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Hostile work environment
Explanation
Correct Answer D: Hostile work environment
Explanation
A hostile work environment occurs when unwelcome conduct of a sexual nature, such as jokes, teasing, or taunting, creates an intimidating or offensive workplace atmosphere. This form of harassment violates workplace discrimination laws.
Why other options are wrong
A. Quid pro quo: This type of sexual harassment occurs when job benefits are conditioned on sexual favors.
B. Disparate treatment: This refers to intentional discrimination based on protected characteristics, not sexual harassment.
C. Reasonable person standard: This is a legal measure used to determine whether conduct is considered negligent, not specific to harassment.
Those matters that vitally affect the terms and conditions of employment of the employees in the bargaining unit; the parties must bargain in good faith over such subjects
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Bargaining unit
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Totality of conduct
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Mandatory bargaining subjects
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Permissive bargaining subjects
Explanation
Correct Answer C: Mandatory bargaining subjects
Explanation
Mandatory bargaining subjects are topics that directly impact employment conditions, such as wages, hours, and benefits, and must be negotiated in good faith between employers and unions.
Why other options are wrong
A. Bargaining unit: This refers to the group of employees represented by a union, not the subjects of negotiation.
B. Totality of conduct: This is a legal standard used to evaluate employer behavior in labor negotiations, not specific bargaining subjects.
D. Permissive bargaining subjects: These are optional topics that may be negotiated but are not required, unlike mandatory subjects.
If Karen and Anika decide not to hire any males in their business, this decision would
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Be in violation of an Equal Employment Opportunity law.
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Be at their discretion since it is their private business.
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Be in violation of a health and safety law.
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Be in violation of a labor relation law.
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Be a wise move since their business attracts more females than males
Explanation
Correct Answer A: Be in violation of an Equal Employment Opportunity law.
Explanation:
Discriminating against individuals based on sex, such as refusing to hire males, would violate the Equal Employment Opportunity laws (such as Title VII of the Civil Rights Act of 1964), which prohibit discrimination in hiring, firing, and other employment practices on the basis of sex, among other protected characteristics.
Why other options are wrong:
B) Be at their discretion since it is their private business: Discrimination based on sex is prohibited regardless of the business being private or public.
C) Be in violation of a health and safety law: This scenario is about hiring discrimination, not health and safety.
D) Be in violation of a labor relation law: While labor laws cover unionization and collective bargaining, this situation is about employment discrimination.
E) Be a wise move since their business attracts more females than males: Even if the business has a predominance of female customers or employees, discrimination based on sex is still illegal.
Work stoppages at union contract operations that have not been sanctioned by the union
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Unfair labor practices strike
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Impasse
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Wildcat strike
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Economic strike
Explanation
Correct Answer C: Wildcat strike
Explanation
A wildcat strike occurs when employees stop working without the official approval or sanction of their union. These strikes are often spontaneous and violate the union contract, potentially exposing employees to disciplinary action.
Why other options are wrong
A. Unfair labor practices strike: This is a strike protesting illegal actions by the employer, such as interfering with union rights.
B. Impasse: This refers to a deadlock in negotiations, not an actual strike.
D. Economic strike: This occurs when employees strike to obtain better wages or benefits, usually with union approval.
When different groups of people have different scores designated as "passing" grades on a test for employment
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Race Norming
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Mixed Motive
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Retaliation
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Reverse Discrimination
Explanation
Correct Answer A. Race Norming
Explanation
Race norming is the practice of adjusting test scores based on race or ethnicity to ensure that different demographic groups meet designated passing grades. This practice was banned by the Civil Rights Act of 1991.
Why other options are wrong
B. Mixed Motive:
A mixed-motive case involves an employment decision influenced by both legitimate and discriminatory factors, but it does not relate to test score adjustments.
C. Retaliation:
Retaliation occurs when an employer punishes an employee for engaging in a legally protected activity, such as reporting discrimination.
D. Reverse Discrimination:
Reverse discrimination refers to bias against majority groups, typically due to affirmative action policies, but it does not specifically involve altering test scores.
An employee whose primary duty is the performance of work requiring advanced knowledge in a field of science or learning that is customarily acquired by a prolonged course of specialized intellectual instruction
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Reasonable Person Standard
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General Duty Clause under OSHA
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Worker's Compensation
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Professional Employee under FLSA
Explanation
Correct Answer D. Professional Employee under FLSA
Explanation
A professional employee under the Fair Labor Standards Act (FLSA) is one whose primary duties involve advanced knowledge in a specialized field, typically gained through extensive education.
Why other options are wrong
A. Reasonable Person Standard: This is a legal standard used in negligence cases to determine if someone acted as a reasonable person would, but it does not define an employee classification.
B. General Duty Clause under OSHA: This clause requires employers to provide a safe work environment but does not define types of employees.
C. Worker's Compensation: This is a system that provides benefits to employees injured on the job, not a classification of employees.
A physical or mental impairment that substantially limits one or more major life activities
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Worker's Compensation
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Disability defined by ADA
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WPA
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Key Employee defined by FMLA
Explanation
Correct Answer B: Disability defined by ADA
Explanation
Under the Americans with Disabilities Act (ADA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, or working.
Why other options are wrong
A. Worker's Compensation: This provides benefits to employees injured on the job but does not define disability in terms of legal protections.
C. WPA: The Whistleblower Protection Act (WPA) protects employees from retaliation for reporting wrongdoing but is unrelated to disability definitions.
D. Key Employee defined by FMLA: The Family and Medical Leave Act (FMLA) defines a key employee as a high-ranking employee whose leave could cause significant business disruption, which does not relate to disabilities.
The practice or policy of favoring individuals belonging to groups known to have been discriminated against previously
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Disparate Treatment
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Retaliation
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Reverse Discrimination
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Mediation
Explanation
Correct Answer C: Reverse Discrimination
Explanation
Reverse discrimination refers to policies or practices that give preferential treatment to historically disadvantaged groups, sometimes leading to claims of unfair treatment against majority group members.
Why other options are wrong
A. Disparate Treatment: This occurs when individuals are treated differently based on a protected characteristic, but it does not specifically favor historically disadvantaged groups.
B. Retaliation: This involves punishing an employee for engaging in legally protected activities, such as filing a complaint or whistleblowing.
D. Mediation: Mediation is a conflict-resolution process involving a neutral third party and does not relate to favoring certain groups.
The extent to which variables measure what they are supposed to measure
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Constructive discharge
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Disparate impact
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Construct validity
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Business necessity
Explanation
Correct Answer C: Construct validity
Explanation
Construct validity refers to how well a test or measurement tool accurately assesses the theoretical concept it is intended to measure. It ensures that the test results truly
reflect the construct being examined.
Why other options are wrong
A. Constructive discharge: This refers to an employee feeling forced to resign due to intolerable working conditions, unrelated to measurement validity.
B. Disparate impact: This occurs when an employment practice disproportionately affects a protected group, which is a legal issue rather than a measurement concern.
D. Business necessity: This legal defense justifies an employer’s practice that may have a discriminatory effect if it is essential for the business, not a measurement validity concept.
Act that protects privacy of background information and ensures that information supplied is accurate.
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Equal Credit Opportunity Act
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Fair Credit Billing Act
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Home Mortgage Disclosure Act
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Fair Credit Reporting Act
Explanation
Correct Answer D: Fair Credit Reporting Act
Explanation
The Fair Credit Reporting Act (FCRA) regulates how consumer credit information is collected, used, and shared. It ensures that background checks, credit reports, and other consumer information are accurate and used fairly, particularly in employment decisions.
Why other options are wrong
A. Equal Credit Opportunity Act: This law prevents credit discrimination based on race, sex, or other protected characteristics but does not regulate background information privacy.
B. Fair Credit Billing Act: This law focuses on resolving billing errors in credit card transactions, not background checks.
C. Home Mortgage Disclosure Act: This law requires lenders to disclose information about their mortgage lending practices to prevent discriminatory lending but does not regulate personal background information.
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