aPHR HR Operations Test Questions & Answers Solved 100%

The process by which the key stakeholders of an organization envision its future and develop a mission, objectives, and procedures to achieve that future is called: A. Goal planning B. Future planning C. Succession planning D. Strategic planning - Answer ☑ D. The definition of strategic planning is indeed the process by which key stakeholders of an organization envision its future and develop a mission, objectives, and procedures to achieve that future. A, B, and C are incorrect. A is incorrect because establishing goals is a result of the larger planning process. B is incorrect because although it is true that the larger planning process may require looking into the future, that is only part of the process. Although succession planning is an action that may result from the larger planning process, C is incorrect because succession planning is not the term describing the overall planning process. The process of analyzing and identifying the need and availability of labor resources so that the organization can meet its objectives is called: A. Human resource planning B. Recruitment requisition C. Objective planning D. Training needs assessment - Answer ☑ A. Human resource planning involves analyzing and identifying the organization's labor pool needs. From there human resources forms its strategy in recruiting and retaining labor skills necessary for the organization to achieve its objectives. B, C, and D are incorrect. B is incorrect because a recruitment requisition is only part of the process. It is a process or form that hiring managers and recruiters use to communicate with one another about an open position need. C is incorrect because while it's true the intention of this process is to reach objectives, this is not the correct term used. D is incorrect because a training needs assessment is used to identify an organization's workforce skill needs. A unique capability or advantage that differentiates the organization from its competitors is called: A. Research and development B. Core competency C. Providing cheaper products D. Hiring talent faster - Answer ☑ B. An organization's core competency is a capability that distinguishes it from its competitors. It is the capability that an organization does exceptionally and uniquely well. ☐ A, C, and D are incorrect. A is incorrect because research and development is a function within an organization that is responsible for creating new products and services and is not necessarily a core competency of an organization. C is not the best answer because creating cheaper products does not necessarily make an organization competitive. Plus, it is not the product itself that creates a core competency but rather what an organization does collectively very well that makes it rise above competition. D is incorrect because while quickly hiring talent is important, it is really the type of talent that may contribute to the organization's core competency and enable it to be competitive. A statement that describes what the future of the organization looks like is known as: A. Purpose statement B. Vision statement C. Financial statement D. Benefit statement - Answer ☑ B. A vision statement describes what the future of an organization looks like in concise terms. A, C, and D are incorrect. A is incorrect because a purpose statement is a sentence that summarizes the topic or goals of a particular document. C is incorrect because a financial statement is a collection of reports that describes an organization's financial activity such as a balance sheet, cash flow statement, or income statement. D is incorrect because a benefit statement, also called a total compensation statement, provides employees with a true picture of what they earn above and beyond their base pay. A description of how an organization will achieve its vision is called: A. Job description B. Purpose statement C. Mission statement D. Summary plan description - Answer ☑ C. A mission statement describes how an organization is going to achieve its vision. ☐ A, B, and D are incorrect. A is incorrect because a job description describes a job's responsibilities and qualifications that are required for success. B is incorrect because a purpose statement is a sentence that summarizes the topic or goals of a particular document. D is incorrect because a summary plan description communicates a health or retirement plan's eligibility requirements, obligations, and specific benefits available for employees and their dependents. A statement that communicates the organization's top priorities and core beliefs to customers and employees is called: A. Code of conduct B. Employee handbook C. Purpose statement D. Values statement - Answer ☑ D. The values statement communicates to customers and employees what the organization's priorities are. An effective values statement is embraced by leadership and provides guidance in key decision-making requirements. A, B, and C are incorrect. They all represent different internal operational documents that may exist in an organization that do not necessarily communicate with the customer as to what are the overall priorities. The statement "We aspire to be the best widget maker in America" is an example of a: A. Vision statement B. Financial statement C. Mission statement D. Values statement - Answer ☑ A. The statement "We aspire to be the best widget maker in America" is an example of a vision statement. A vision statement describes the ideal future state of an organization. B, C, and D are incorrect. B is incorrect because a financial statement describes an organization's financial activity, C is incorrect because a mission statement describes how an organization intends to accomplish the vision, and D is incorrect because a values statement describes the priorities of an organization. A SWOT analysis used for planning identifies an organization's: A. Statements, workplace, operations, and technology B. Safety, workforce, organization, and terms C. Strengths, weaknesses, opportunities, and threats D. Salary, wages, objectives, and taxes - Answer ☑ C. The SWOT analysis evaluates the internal strengths, internal weaknesses, external opportunities, and external threats of an organization. The SWOT is designed to enable leaders to evaluate internally and externally what can help or hinder the organization's success in meeting its vision and mission. A, B, and D are incorrect. None of these options represents the SWOT analysis of strengths, weaknesses, opportunities, and threats of an organization. In Michael Porter's five forces analysis, five forces shape the competitive landscape for any industry. What are they? A. Budget, workforce, wages, benefits, and leadership B. Political/legal, economic, social, technology, and competition C. Supply chain, finance, marketing, operations, and human resources D. Quality products, best price, fastest service, customer service, and sales - Answer ☑ B. Michael Porter's five forces analysis evaluates these five forces: political/legal, economic, social, technology, and competition. These forces are seen as primary influencers on an organization's ability to compete in the marketplace. A, C, and D are incorrect. None of these options represents Michael Porter's five forces analysis. Ensuring that each employee within an organization can see the direction for the business and knows how their job fits in the overall picture is known as: A. Goal alignment B. Mission statement C. Performance evaluation D. Rewards and recognition - Answer ☑ A. Goal alignment is how an organization works to ensure its employees see the overall direction and how they fit into the big picture of the organization's vision and mission. Human resources can often take the lead in goal alignment and influences employee engagement and connection to the overall direction of an organization. B, C, and D are incorrect. None is the best answer in terms of ensuring how employees are connected to the overall mission and vision of an organization. Organizational culture reflects a shared understanding among all who work within the company. What are the common components of organizational culture? A. Vision, mission, and values B. Structure, systems, and people C. Values, beliefs, and norms D. Finance, marketing, and operations - Answer ☑ C. Organizational culture is a shared understanding of values, beliefs, and norms. These are usually unwritten common understandings for all who work in any organization. Organizational culture is not something easily captured in a written document. Instead, organizational culture consists of shared values, beliefs, and norms that are widely embraced by employees and leadership. A, B, and D are incorrect. A is incorrect because vision, mission, and values are examples of statements that describe the objectives and priorities of an organization. B is incorrect because structure, systems, and people are internal components that make up an organization, and D is incorrect because finance, marketing, and operations are examples of functions within an organization. While it's not a written policy, while working in a particular organization, it is widely known that there are high expectations of employees to participate in community events such as parades and fundraisers. This is an example of what kind of cultural element? A. Values B. Objectives C. Norms D. Beliefs - Answer ☑ C. Norms are unwritten expectations or informal guidelines of how one should behave in a group or organization. Norms are derived from values. Community participation, customer story sharing, and the unspoken expectation that everyone must work late in evenings to be successful are all examples of norms. A, B, and D are incorrect. A is not the best answer because norms are derived from values. Norms are external actions taken, while values are more of an abstract list of adjectives by which all agree to conduct business (i.e., integrity, respect, customer focused). B is incorrect because objectives are goals that are part of the overall strategic plan of an organization. D is incorrect because beliefs may shape norms and values. However, norms are actual external actions taken as a result of a belief system. In XYZ organization the leadership team thinks that the expression of humor in the workplace will improve productivity. This is an example of what kind of cultural element? A. Norms B. Beliefs C. Directives D. Values - Answer ☑ B. The leadership feeling like humor improves productivity is an example of a belief. Beliefs are assumptions and convictions that are believed to be true. A, C, and D are incorrect. A is incorrect because norms represent unwritten expectations of an organization. C is incorrect because directives are stated expectations, and D is incorrect because values are a list of adjectives used to describe the desired culture of an organization. What statement can be used to guide an organization's decisions and provides purpose for employees? A. Values statement B. Financial statement C. Goal statement D. Norms statement - Answer ☑ A. A values statement is typically used to guide decision-making within an organization. An example of a values statement is as follows: Zappos Family Core Values 1. Deliver WOW Through Service 2. Embrace and Drive Change 3. Create Fun and a Little Weirdness 4. Be Adventurous, Creative, and Open-Minded 5. Pursue Growth and Learning 6. Build Open and Honest Relationships with Communication 7. Build a Positive Team and Family Spirit 8. Do More with Less 9. Be Passionate and Determined 10. Be Humble B, C, and D are incorrect. While each of these may provide operational information, none necessarily provides guidance with respect to overall purpose like a values statement does. Which of the following techniques is an example of how human resources can effectively shape organizational culture? A. Measuring how many applications have been processed within a certain timeframe B. Improving on how fast human resource staff members return phone calls and e-mails C. Reducing the number of meetings human resources and leadership attend during the week D. Establishing a compensation program that rewards employees for certain behaviors - Answer ☑ D. People will exhibit behaviors that are rewarded and recognized. Establishing a compensation program that encourages certain behaviors is an effective way to shape organizational culture. One common mistake is when an organization wants to change its culture but leaves the old compensation incentives in place that may run contrary to a new direction. A, B, and C are incorrect. A is incorrect because tracking internal human resource activities such as applications does nothing to shape organizational culture. B is incorrect because while returning phone calls is a good customer service tactic, it is not an effective method in shaping organizational culture. C is a superficial tactic that may not necessarily shape organizational culture. Organizational culture can manifest itself in a physical form that often serves as a reminder of something important or a trigger for a special meaning. This element of culture is called: A. Rituals B. Artifacts C. Legends D. Beliefs - Answer ☑ B. Artifacts are a physical reminder or symbol of the organization's culture and what is important. Pictures, degrees, or certifications on walls, books, and gadgets are examples of artifacts. A, C, and D are incorrect. A is incorrect because rituals are celebrations or events held to signify something important in the organization. C is incorrect because a legend is an organizational hero that is exhibited in the form of storytelling that is passed on from one employee to another, and D is incorrect because beliefs are a set of understandings or assumptions. Employees frequently share a story of how the founder rescued the organization from the brink of closure because of an unscrupulous competitor by creating an innovative product and taking it to market quickly. Each time the story is shared, it reminds the employees of the importance of being innovative, quick thinking, and resilient. This is an example of what cultural element? A. Rituals B. Artifacts C. Legends D. Beliefs - Answer ☑ C. A legend is an example of a cultural element that is exhibited in the form of storytelling that typically involves a villain and a hero ultimately saving the organization. Think of Facebook's CEO Mark Zuckerberg, for example. The story is that through his quick wit while a student at Harvard he was able to outwit colleagues and launch what we now know today as Facebook. In his organization he is known the cultural element, a legend. This is a story that is most likely shared from one employee to another. A, B, and D are incorrect. A is incorrect because rituals are events or celebrations held to signify something of importance to the organization. B is incorrect because artifacts are a physical element used to signify something of importance, and D is incorrect because beliefs are a set of unwritten assumptions. A new-hire orientation and annual awards banquet is an example of what cultural element? A. Rituals B. Artifacts C. Legends D. Beliefs - Answer ☑ A. Rituals are regular events or ceremonies that organizations engage in to celebrate, encourage, or educate certain desired behaviors. New-hire orientations, awards banquets, holiday parties, and annual training events are all examples of rituals. B, C, and D are incorrect. B is incorrect because artifacts are physical elements that signify something of importance. C is incorrect because legends are an organizational hero that is spoken of in the form of storytelling, and D is incorrect because beliefs are assumptions that are applied in the organization. A person from inside or outside an organization who assists an organization to transform itself is known as a(n): A. Human resource B. Executive leader C. Contingency worker D. Change agent - Answer ☑ D. A change agent is a person who helps facilitate transformation within an organization. A change agent can be anyone external or internal that serves as a "champion of change." Often human resource staff are called upon to be change agents. A, B, and C are incorrect. While these all may have some role in the workplace, they may not necessarily serve as a facilitator of change. A person's ability to be aware of and control one's own emotions and ultimately successfully handle interpersonal relationships is known as: A. Anger management B. Emotional intelligence C. Human resource development D. Training and development - Answer ☑ B. A person's ability to be aware of and control one's own emotions and ultimately successfully handle interpersonal relationships is known as having emotional intelligence. Emotional intelligence is a fundamental component of human behavior not connected to a person's intellect. A, C, and D are incorrect. A is incorrect because anger management is the process of controlling one's inclination to easily become angry. While anger is an emotion, emotional intelligence encompasses all emotions. C is incorrect because human resource development refers to training and developing people in the workplace. This is not a relevant term for what we were looking for in emotional intelligence, and D is incorrect for the same reason in human resource development. These terms are used interchangeably and do not specifically define emotional intelligence. The Fair Labor Standards Act (FLSA) of 1938 established: A. The equitable treatment of all workers B. Fair wages for all workers C. Overtime and minimum wage requirements D. A standard of conduct for supervisors - Answer ☑ C. The Fair Labor Standards Act (FLSA) of 1938 is the cornerstone wage and labor legislation. The FLSA established the 40-hour workweek, minimum wage, overtime guidelines and record-keeping, and child labor standards for both the private sector and governments. A, B, and D are incorrect. A and B are incorrect because the equitable treatment of all workers and fair wages for all workers are addressed in other legislation such as Title VII of the Civil Rights Act of 1964. D is incorrect because standards of conduct for supervisors are addressed both by employment legislation and by internal company policy; therefore, standards of conduct may vary from organization to organization. The Taft-Hartley Act protects employees from the unfair labor practices of A. Unions B. Employers C. Federal and state governments D. Private employers - Answer ☑ A. The Labor Management Relations Act, or Taft-Hartley Act, provided that employees had the right to refrain from participating in union activities. The act also ensured that employees could not be forced to become part of a union as a condition of employment. B, C, and D are incorrect. These choices are all related to the employer whether private or government. A construction worker union refuses to do business with any company that buys supplies from a particular concrete company. This decision was made to support the workers at the concrete company who have reported multiple violations of the Fair Labor Standards Act (FLSA) with regard to overtime pay. As the HR director at Next Generation Home Builders, what advice would you provide to senior management? A. This hot-cargo contract clause is an unfair labor practice as defined by the National Labor Relations Act (NLRA). B. ThisfeatherbeddingcontractclauseisanunfairlaborpracticeasdefinedbytheLabor Management Relations Act (LMRA). C. This yellow-dog contract clause is an unfair labor practice as defined by the Norris- LaGuardia Act. D. This iron-clad contract clause is an unfair labor practice as defined by the Labor Management Relations Act (LMRA). - Answer ☑ A. This is an example of a hot-cargo contract. A hot-cargo contract is a contract that the employer enters into with the union at the request of the union. The employer agrees that its employees will not handle the products or materials of another employer or that the employer itself will not deal with the other employer with whom the bargaining union considers unfair to organized labor. This is an unfair labor practice (ULP) on the part of the employer as defined by the National Labor Relations Act (NLRA). B, C, and D are incorrect. B is incorrect because featherbedding is a ULP on the part of the union where the union is requiring an employer to pay for services not rendered. For example, if an employer determines that, because of advances in technology, a position is no longer needed, then the union cannot force the employer to continue to employ someone in that position. C and D are incorrect because a yellow-dog or iron- clad contract is a contract where an employer requires an employer, as a condition of employment, to join a union. This was outlawed by the Norris-LaGuardia Act. Which of the following established that employers can be held vicariously liable for the actions of their employees in sexual harassment cases? A. Burlington Industries v. Ellerth B. Meritor Savings Bank v. Vinson C. Harris v. Forklift Systems D. Oncale v. Sundowner Offshore Services, Inc. - Answer ☑ A. Burlington Industries v. Ellerth established that an employer can be held responsible for the unlawful acts of its employees. This is a legal concept known as vicarious liability. B, C, and D are incorrect. B and C are incorrect because the issue in both Meritor Savings Bank v. Vinson and Harris v. Forklift Systems is the existence of a hostile work environment of sexual harassment. D is incorrect because Oncale v. Sundownder Offshore Services, Inc. established the standard for same-sex sexual harassment. Jasmine, an African-American woman, resigns her position as account manager citing that she was harassed by the team leader who supervises her on a daily basis. The team leader has no authority to take tangible employment actions in regard to Jasmine. The sales director claims no knowledge of the events leading up to Jasmine's resignation. As the HR director, how would you advise senior management regarding the company's liability in this case? A. There is no liability because Jasmine did not report the incidents that led up to her decision to resign. B. The company is vicariously liable because the team leader meets the definition of a supervisor as established by the Ellerth and Faragher cases on sexual harassment. C. The company is not liable for the team leader's actions because the Supreme Court in Vance v. Ball State University narrowly defined supervisor as the person who may take tangible employment actions such as demotion or termination of employment. D. The company is liable because the team leader meets the definition of supervisor as established by the Equal Employment Opportunity Commission (EEOC). - Answer ☑ C. The Supreme Court decision in Vance v. Ball State University established that a person is a supervisor for the purposes of vicarious liability in cases of unlawful harassment under Title VII only if that person can take tangible employment actions against the accuser. The Supreme Court rejected the guidance of the Equal Employment Opportunity Commission (EEOC) that a supervisor may be an individual who has authority to direct an employee's daily work activities. However, the employee still maintains the right to sue the company for being negligent in preventing the harassment. A, B, and D are incorrect. A is incorrect because the assumption that Jasmine did not report the incidents is irrelevant. Also, the scenario does not indicate that she did not report, only that the sales director claims no knowledge of a report. Jasmine could have reported directly to HR or some other supervisory authority. B is incorrect because the Ellerth and Faragher cases, taken together, established that whether an employer is vicariously liable depends on what happened to the plaintiff and on whether the harassment resulted in tangible employment actions being taken. D is incorrect because the EEOC guidance is only guidance, but Title VII did not define "supervisor" for the purposes of unlawful harassment. A reservist was called to active duty for five years. Upon return to the United States mainland, he was informed that the position he left had been upgraded and filled by a permanent employee. Does the employer have any responsibilities to the reservist related to reinstatement of employment? A. The reservist has been gone more than 180 days; therefore, the employer has no duty to reinstate him in the same position. B. The reservist has 90 days following the completion of service to apply to the employer for reinstatement. C. The employer must reinstate the reservist promptly but may terminate his employment for cause within 60 days. D. The employer must reinstate the reservist promptly but may terminate his employment for cause after 180 days. - Answer ☑ B. Following the reservist's application for reemployment, the employer must reinstate him promptly. A, C, and D are incorrect. The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 requires employers of reservists who have been on active duty for 181 or more days to reemploy them promptly after completing their service. Scott, a 57-year-old white male, is interviewing for Director of Urban Affairs at the National Association for the Advancement of Colored People (NAACP). If Scott is not selected for the position, which of the following laws may be applicable? A. Norris-LaGuardia Act B. TitleVII C. Landrum Griffith Act D. ADEA - Answer ☑ D. The Age Discrimination in Employment Act (ADEA) of 1967 provides protections in employment situations for employees 40 years or older. The act states that an employer cannot fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's age. A, B, and C are incorrect. A is incorrect because the Norris-LaGuardia Act is the legislation that banned yellow-dog contracts, which are pledges by workers to the potential employer not to join a union. B is incorrect because Title VII of the Civil Rights Act of 1964 provides protection for individuals who are discriminated against in employment situations on the basis of race, color, national origin, sex, and religion. Title VII applies to employers with at least 15 employees. C is incorrect because the Landrum-Griffith Act, or Labor Management Disclosure Act, is the legislation that regulates the relationship between unions and employers. An employee of a doctor's office often takes a work laptop home. Information about patients is stored on the laptop for the employee's easy reference. While the employee is in a local grocery store, someone breaks into his car and steals the laptop. Which federal law should the employer be concerned about? A. Federal Data Protection Act B. Sarbanes-Oxley Act of 2002 C. Health Insurance Portability and Accountability Act D. Title 21 Code of Federal Regulations (21 CFR Part 11) - Answer ☑ C. The Health Insurance Portability and Accountability Act is a privacy rule that regulates the security and confidentiality of patient information. The issue in this case is whether the employer did all it could to protect patient medical information. A, B, and D are incorrect. A is incorrect because the Federal Data Protection Act does protect consumer information but does not apply specifically to private medical information. B is incorrect because the Sarbanes-Oxley Act of 2002 does not apply to private medical information. D is incorrect because the Title 21 Code of Federal Regulations (21 CFR Part 11) does not apply to private patient medical information. What would be the first step for an HR director when an employee requests an accommodation under the Americans with Disabilities Act? A. Assess reasonableness of accommodations B. Choose job accommodations C. Identify job accommodations D. Identify the essential job functions and barriers to performance - Answer ☑ D. Identifying essential job functions and then identifying barriers to performance is the first step to determine whether a company can accommodate the disability. A, B, and C are incorrect. These are all later steps in the interactive process under the ADA. The Consolidated Omnibus Budget Reconciliation Act (COBRA), which provides the continuation of health coverage for a limited time after the loss of a job, is an amendment to which of the following? A. Health Insurance Portability and Accountability Act B. Uniformed Services Employment and Reemployment Rights Act (USERRA) C. Patient Protection and Affordable Care Act (ACA) D. Employee Retirement Income Security Act (ERISA) - Answer ☑ D. COBRA is an amendment to ERISA. ERISA was passed in 1974 and set minimum standards for pension and health plans of private employers. A, B, and C are incorrect. A is incorrect because HIPAA is another amendment to ERISA. B is incorrect because USERRA is a law that protects the reemployment rights of armed service personnel when they return from a period of service. It has nothing to do with health insurance. C is incorrect because it is a separate law passed during the most recent administration. It works in conjunction with other healthcare-related statutes but is not an amendment to any prior statute such as ERISA. A financial services firm hires a trader who spent the last four years in state prison for committing a battery against a co-worker. The financial services firm is in Wyoming, but the trader did his jail time in state prison in Arizona. In an effort to reduce costs, HR did a background check, but it was only for the state of Wyoming. How would you safeguard the company from any legal exposure regarding this situation? A. The company should adopt a policy of conducting complete background and reference checks, including a check of both state and FBI records, going forward. B. The company should get all candidates' written consent before performing a background check going forward. C. The company is guilty of negligent hiring and may be in violation of the Privacy Act of 1974 and should report the situation to the Department of Labor. D. Place the employee on leave for not disclosing this information during the interview process, investigate, and determine if the employee should remain employed. - Answer ☑ A. The company is guilty of negligent hiring and should conduct complete background and reference checks, including a check of both state and FBI records going forward. Negligent hiring occurs when a company knew, or should have known, that a candidate is prone to be a danger to employees, customers, vendors, and anyone else the employee comes in contact with. If a thorough background check was done, including a search of the FBI database, it could have easily been uncovered that this employee was convicted and found guilty of battery. B, C, and D are incorrect. B is incorrect because, as it relates to HR, the FCRA requires that employers not use information obtained about an applicant's background in an adverse manner until certain criteria are met and that employers obtain consent prior to conducting any background check. C and D are incorrect because while it is negligent hiring, the Privacy Act of 1974 regulates how information collected is stored, requires that the candidate know what is being collected, and prevents information collected from being used for any purpose other than that which was intended. This does not apply in this case. Jayson, a 20-year-old college student, gets hurt in a car accident in the company's vehicle. He is unconscious. The person in the vehicle with him is the HR manager and accompanies him to the hospital where some members of Jayson's family are already waiting. The HR manager discloses to the doctor and Jayson's cousin that Jayson is HIV positive. Has the HR manager violated the Health Insurance Portability and Accountability Act (HIPAA)? A. No, because the HR manager disclosed the information in order to save Jayson's life. B. Yes, because the HR manager divulged confidential medical information to Jayson's family member without his written consent. C. No,becauseJayson'scousinjusthappenedtobenearthedoctorwhentheHRmanager was updating the doctor. The HR manager is covered by the bystander clause. D. Yes, because the HR manager should never disclose confidential medical information to anyone without Jayson's consent. - Answer ☑ B. The Health Insurance Portability and Accountability Act (HIPAA) prohibits employers from disclosing confidential medical information to third parties and family members without the consent of the employee. A, C, and D are incorrect. There are few exceptions to HIPAA. If a person is injured and unable to give permission, a medical professional can share information with the people who are accompanying the injured if it seems as though this will be in the injured's best interest. However, the employer should not intentionally share information simply because it was deemed that the information could save a person's life. The Electronic Communications and Privacy Act of 1986 establishes: A. That an employer can monitor all employee communications B. That an employer can monitor employee e-mail without written consent C. That an employer can monitor employee electronic communications if the employer can show a legitimate business purpose D. That an employer can monitor oral communications only when transmitted via phone - Answer ☑ C. If an employer can provide a legitimate business reason for monitoring an employee's electronic communications, the employer can do so with or without the employee's consent. A, B, and D are incorrect. An employer is prohibited from monitoring any electronic employee communication without the consent of the employee or a legitimate business purpose per the provisions of the ECPA. There has been a recent uptick in theft at Brisbane Women's Clothing store. The CEO wants to install a surveillance system. As the HR manager, what should you be most concerned with when advising the CEO on the new system implementation? A. Is the monitoring system visible to employees? B. Are employees aware that there is a new policy? C. Are managers trained on how to operate the new system? D. Is the monitoring policy narrowly tailored? - Answer ☑ D. Any surveillance system that a company is considering should be installed only if there is a legitimate business purpose, and the policy that accompanies the installation should be narrowly written to ensure employees' privacy rights are not violated. In addition, as in the NLRB ruling against Whole Foods in 2015, the policy cannot interfere with any union-organizing activity that both union and nonunion employees may legally participate in. A, B, and C are incorrect. HR's most important role in this scenario is to ensure that the policy has met the necessary legal standard. HR is best served if it is working with risk management and legal in crafting a policy that affects employee privacy expectations. The Stored Communications Act (SCA) establishes: A. That an employer can't intentionally access an employee's e-mails unless they are sent through the employer's server B. That an employee has a reasonable expectation of privacy even when accessing personal e-mail from work C. That an employer has the right to use any information transmitted via the employer's server if the employer has a legitimate business reason D. That an employee may store information on the employer's server as long as they are employed by said employer - Answer ☑ A. Under the federal Stored Communications Act (SCA), without authorization from an employee, an employer can't intentionally access a facility through which an electronic communication service is provided. This means an employer can review e-mails that an employee sends on the employer's server but can't access e-mails with a password that the employee saved on a company device. B, C, and D are incorrect. Employees do not have a right to privacy when accessing e-mail using an organization's server. However, the employer doesn't have the right to use any information stored on an employee's device whether there is a legitimate business reason. Whether an employee is allowed to store information on a company's server is a matter of company policy, not the law. Latoya resigned from her position as vice president of marketing at Kwesi Engineering. She failed to delete her personal e-mail account from the company iPad prior to returning it on her last day. For the next six months, Latoya's personal e-mail was accessible on the company phone and were read by her former manager. By reading the e-mails, did the manager violate any laws? A. Yes, this is a violation of the ECPA. B. No, Latoya has no expectation of privacy. C. No, Latoya gave implicit consent under the provisions of the SCA. D. Yes, under the provisions of the SCA, Latoya's negligence does not constitute authorization. - Answer ☑ D. Latoya's carelessness in not deleting her personal e-mail account is not the same as giving the employer authorization to access her e-mail. In the legal case Lazette v. Kulmatycki 2013, the courts found the same in a similar case.