Answers
A supervisor passes over an employee for a promotion due to verbal
communication by other staff members about the employee's work habits,
hygiene, and personal life.What is the supervisor's decision in response to? -
CORRECT ANSWER Slander
What does the U.S. Constitution accomplish? - CORRECT ANSWER It divides power
between the branches of government.
Under which legal system do prior judicial decisions control later cases? -
CORRECT ANSWER Common law
What is the central element of the common law agency test for an independent
contractor? - CORRECT ANSWER Level of control retained by the worker
Which question is part of the IRS 20-Factor Analysis for determining whether a
worker is an employee or an independent contractor? - CORRECT ANSWER How
much training does the employer give?
What does scope of employment mean under the respondeat superior doctrine? -
CORRECT ANSWER Conduct relevant to a job description
What determines employer liability under the respondeat superior doctrine? -
CORRECT ANSWER The scope of employment
,Which term indicates that an employer may terminate an employee at any time,
for any legal reason, without incurring liability? - CORRECT ANSWER Employment-
at-will
Due to financial cuts, a supervisor decides to lay off an average-performing worker
who has been with the company for five years. The worker is concerned that this
action is illegal because there was no reason given for their firing during the
meeting with their supervisor. What gives the employer the legal right to do this? -
CORRECT ANSWER Employment-at-will
An employee works for the United States Department of Defense, a public
employer. Personal information in the employee's personnel files has been
released to the public. Under which law may this employee sue to recover
damages? - CORRECT ANSWER The Privacy Act of 1974
An employee works at a well-known company. After hours and while at home, the
employee writes a public message on a social media network complaining about
the employer's supervisor. The substance of the complaint is that the supervisor
makes employees work too hard. Which risk, if any, does the employee face as a
result of the social media posting? - CORRECT ANSWER The employee faces a risk
of termination because the employee has no expectation of privacy in the public
information that was posted.
When is a search of personal items by an employer lawful under the Privacy Act
and as determined by the Supreme Court without actually deciding the merits of
the matter? - CORRECT ANSWER The search is justified at the start.
, Using the four-fifths rule, a company analyzed its pass rate ratio for an
employment test. Hispanics passed at a rate of 25 percent, and Whites passed at
75 percent. The ratio for protected classes against nonprotected classes was well
below 80 percent. What should the company conclude from these results? -
CORRECT ANSWER There is a disparate impact
An airline is concerned about declining cognitive ability in older pilots and wants
to create a new policy that focuses on recruiting younger pilots and exiting older
pilots out of the company. Which policy should the airline use? - CORRECT
ANSWER Mandatory retirement for pilots at 65 years old
An employee claimed the need for special treatment based on Title VII of the Civil
Rights Act of 1964. What is the first question a human resources professional
should ask to determine if this law applies to the employee? - CORRECT ANSWER
Does the employee meet the eligibility requirements?
An employee complains of religious discrimination in the workplace based on Title
VII.Which step should a human resources professional take to determine if the law
applies to this situation? - CORRECT ANSWER Determine if the employee meets
eligibility requirements
What is the minimum number of employees that an organization must have for
Title VII of the Civil Rights Act to apply? - CORRECT ANSWER 15
An organization uses intelligence tests in its hiring process. Minority applicants
generally score three standard deviations below the majority average, leaving
them largely ineligible for employment by this organization. Which type of
discrimination is reflected in this scenario? - CORRECT ANSWER Disparate impact