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Quiz Session - Attempts With Random Questions

HRCI SPHR Exam Questions

Page 10 of 60

181.

Sandra is reviewing a termination request submitted to her by a supervisor citing a safety risk. The employee in question recently fainted due to overheating, and although cleared by her physician to return to work, the supervisor is concerned it could happen again. What should Sandra do?

  • Recommend against the termination, as this termination could result in an EEOC suit

  • Recommend against the termination and try to get the employee reassigned 

  • Recommend the termination, as the employee's fainting puts both her and her coworkers at a safety risk

  • Recommend the termination. If the employee is overheating, she needs to find a more suitable work environment. 

Correct answer: Recommend against the termination, as this termination could result in an EEOC suit

The correct answer is to recommend against the termination. A similar situation took place at one of the Potlatch Corporation paper mills and resulted in an EEOC suit. The employee had fainted during her rest break and said that she was hot and had not eaten. The paper mill's management interpreted ADA regulations to allow the termination of employees who created a direct threat to the safety of themselves or coworkers and terminated her on that basis. The company argued during the trial that the employee's fainting caused her to be a danger to herself and other coworkers, but the jury disagreed and found in favor of the employee. 

182.

Under affirmative action plan requirements, the job group analysis does what?

  • Places jobs with similar duties and responsibilities into groups

  • Lists percentages of minorities and women in each job group

  • Reports demographic data on the labor pool

  • Compares protected classes employed in each job group

Correct answer: Places jobs with similar duties and responsibilities into groups

A job group analysis is a required component of EO 11246 for Affirmative Actions Plans. This component places jobs with similar duties and responsibilities into groups.

183.

Which of the following best describes an agency shop?

  • A clause put into effect mandating that all employees either join the union or at least pay union dues

  • A clause put into effect mandating that all employees join the union within 30 days, or 7 days if in the construction industry

  • A clause put into effect mandating that all new hires become members of the union before they are hired

  • A clause put into effect to allow employees to choose if they want to join the union, but does not allow them to drop out of the union once they join

Correct answer: A clause put into effect mandating that all employees either join the union or at least pay union dues

The union security clause requires members of the union to provide financial support to the union so that it will be financially able to carry out its bargaining obligations. The following are part of a union security clause:

  • Union shop clause: Requires that all employees join the union within a grace period that is specified by the contract but is no fewer than 30 days, or, in the construction industry, 7 days.
  • Agency shop clause: Specifies that all employees must either join the union or pay union dues if they choose not to join the union.
  • Closed shop clause: Requires that all new hires be members of the union before they're hired. The closed shop is illegal except in the construction industry.
  • Maintenance of membership clause: Allows employees to choose whether to join the union, but once they join, they must remain members until the expiration of the contract. The employee must notify the union that they wish to discontinue membership within 30 days of the contract expiration.

184.

Which of the following pairs of OSHA form(s) are both forms that must be retained for five years following the end of the calendar year that is covered?

  • OSHA forms 300 and 301

  • OSHA forms 300 and 300B

  • OSHA forms 300A and 302

  • OSHA forms 400 and 500

Correct answer: OSHA forms 300 and 301

The Occupational Health and Safety Administration (OSHA) has established reporting requirements with legally required compliance. Among these include the requirement of businesses employing eleven or more employees to maintain records of all workplace injuries and illnesses and post them on form 300A. Form 300A is commonly known as the Summary of Work-Related Injuries and Illnesses and works in conjunction with forms 300, the log of work-related injuries and illnesses, and 301, the injury and illness incident report.

Both OSHA form 300, Log of Work-Related Injuries and Illnesses, and OSHA form 301, Injury and Illness Incident Report, must be retained for five years following the end of the calendar year they cover. Additionally, OSHA form 300A, Summary of Work-Related Injuries and Illnesses, and a privacy case list must be included in this retention.

185.

The process that involves reducing layers of supervision/management, changing reporting relationships, and downsizing is called:

  • Organizational restructuring

  • Company shutdown

  • Operational demise

  • Company development

Correct answer: Organizational restructuring

Organizational restructuring requires an organizational development (OD) intervention in which HR is often involved. HR's involvement can include layoffs or reassignment of talent, eliminating levels of management, changing departments and reporting structures. The goal of organizational restructuring is to eliminate unnecessary processes or positions while increasing production/output.

186.

Compensation may be impacted by different external factors. Economic factors are a type of external factor that should be considered. Economic factors may include:

Select all that apply. There are 3 correct answers.

  • Inflation

  • Cost of living

  • Supply and demand

  • Available financial resources

  • Competition 

  • Organizational culture

Economic factors can be a key contributor to fluctuations in labor markets, therefore impacting compensation. Economic factors can include economic components at the local, national, and global level such as economic growth or economic decline globally, inflation, unemployment, interest rates, etc. For example, as we experience increased unemployment, the supply of skilled labor increases, oftentimes resulting in decreased compensation. As unemployment decreases, the opposite often occurs. 

The other answers are not directly attributed to economic factors.

187.

Which form of salary survey is the most expensive?

  • Commissioned surveys

  • Industry surveys

  • Employee surveys

  • Government surveys

Correct answer: Commissioned surveys

Salary surveys are an important part of budgeting for total rewards because they give insight into current market trends on compensation and benefits.

Commissioned surveys occur when a company is commissioned by the organization. It can be very expensive and time-consuming to outsource this task, but it may also be necessary in order to obtain the specific data that the organization needs to compare salary and benefits data.

188.

Which programs are only open to employers with a proven track record of highly effective safety programs?

  • Voluntary Protection Program (VPP)

  • OSHA Alliance Program

  • OSHA Strategic Partnership Program (OSPP)

  • Safety and Health Achievement Recognition Program (SHARP)

Correct answer: Voluntary Protection Program (VPP)

There are many resources that OSHA provides to employers and employees to obtain information about workplace health and safety issues. The primary resource is the OSHA website, which provides extensive information. Additionally, there are a variety of programs offered to employers to aid in compliance:

The Voluntary Protection Programs (VPP) recognize employers and workers in the private industry and federal agencies who have implemented effective safety and health management systems and maintain injury and illness rates below national Bureau of Labor Statistics averages for their respective industries.

OSHA’s Alliance Program enables the agency to develop voluntary, collaborative working relationships with organizations that are committed to workplace safety and health.

The OSHA Strategic Partnership Program (OSPP) provides opportunities for OSHA to partner with employers, workers, professional or trade associations, labor organizations, and other interested stakeholders. OSHA Strategic Partnerships are unique agreements designed to encourage, assist, and recognize partner efforts to eliminate serious hazards and enhance workplace safety and health practices.

The Safety and Health Achievement Recognition Program (SHARP) recognizes small business employers who have used OSHA's On-Site Consultation Program services and operate exemplary safety and health programs.

189.

Newspaper and radio advertisements and billboard signs are examples of external recruitment activities based on traditional methods. These have now been replaced by modern methods, such as:

  • Social media, online job boards, and virtual job fairs

  • Resumes, job fairs, and direct referrals

  • Staffing agencies and 'help wanted' window signs

  • Paper applications and television advertisements

Correct answer: Social media, online job boards, and virtual job fairs

Of the choices given, these are the most common modern methods of recruitment today. Some traditional methods are still in use, getting varying degrees of success based on the job markets.

190.

Peter loves the work he does and always gets positive feedback about his work ethic and performance. However, the environment he works in is not one that he is comfortable with because he sees the loose dress code and laid back management style as rude and disrespectful of traditional workplace standards. Despite enjoying the work, Peter decides to quit his job. This is an example of what?

  • Poor culture fit

  • Constructive discharge

  • Hostile work environment

  • Defamation

Correct answer: Poor culture fit

Peter is with an organization that he doesn't "fit" with. The other answer options are all incorrect because, although not ideal for Peter, the organization is doing nothing wrong by adopting a more lenient workplace culture. See the definitions below for more information about hostile work environment, constructive discharge, and defamation.

A hostile work environment is defined as behavior in the workplace that is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Constructive discharge is defined as behavior by the employer, that creates a hostile work environment, with the goal of forcing an employee to resign. 

Defamation is defined as a false statement or action about other that damages an individual’s reputation. In an employment context, defamation could occur when an employer provides a false reference about a former employee which damages an individual's reputation in the community, and prevents them from being able to obtain other employment. 

191.

Which of the following best describes recency interview bias?

  • Interviewer remembers the candidate they just interviewed more than previously interviewed candidates

  • Candidates are all rated about the same

  • Interviewer has knowledge of how the candidate scored on an assessment test

  • Interviewer is easier on a candidate than warranted

Correct answer: Interviewer remembers the candidate they just interviewed more than previously interviewed candidates

With recency interview bias an interviewer remembers the candidate they just interviewed more than previously interviewed candidates. This is an issue because even though the first few candidates may have been more qualified than the most recent candidate, the recruiter cannot recall the qualified candidates as well.

192.

Which performance appraisal method uses anchoring statements and a scale to allow for detailed job-specific feedback?

  • Behaviorally anchored rating scale (BARS)

  • Comparison method

  • Narrative method

  • Rating method

Correct answer: Behaviorally anchored rating scale (BARS)

The Behaviorally anchored rating scale (BARS) uses anchoring statements and a scale to allow for detailed job-specific feedback. BARS uses the job description to create buckets that represent the most important requirements of the job. Anchor statements are then created representing performance behavior levels on a scale. This allows the assessment to be both qualitative and quantitative. 

The comparison method is used to compare the performance of two employees in similar job roles. It paired comparison, uses ranking, and forced ranking. Rating methods include rating scales and checklists. The narrative method is qualitative and requires managers to describe their team members' performance, using such tools as critical incident reviews, essay reviews, and field reviews.

193.

Under the common law doctrine of most U.S. states, this employment arrangement allows employers and employees to terminate their relationship with each other for any reason with a written notice. This is referred to as:

  • Employment at Will

  • Termination Clause

  • Non-Compete Agreement

  • Express Contract

Correct answer: Employment at Will

Most states recognize Employment at Will (EAW), which refers to an employment agreement stating that employment is for an indefinite period of time and may be terminated, either by the employer or the employee, for any lawful reason. Certain exceptions to the employment at will doctrine include public policy exceptions, implied contract exceptions, and the implied covenant of good faith and fair dealing in the employment relationship. Exceptions to the EAW doctrine may vary by state.

194.

Employee skill sets, brand recognition, and innovativeness are all examples of what capabilities in a SWOT analysis?

  • Strengths and weaknesses

  • External opportunities

  • Employer value

  • External threats

Correct answer: Strengths and weaknesses

A SWOT Analysis is a strategic planning tool that examines internal and external strengths, weaknesses, threats, and opportunities, which the organization can leverage to make a move in a certain direction. The SWOT analysis forces leaders to look first at the organizational strengths and weaknesses before assessing opportunities and threats from others.

195.

What criteria must a jobholder meet in order to qualify for an administrative exemption, in accordance with the Fair Labor Standards Act (FLSA)?

Select all that apply. There are 2 correct answers.

  • The job holder must exercise discretion and independent judgment with respect to matters of significance

  • The job holder must primarily perform office or non-manual work

  • The job holder must mainly perform manual work

  • The job holder must possess the authority to hire or fire employees

  • The job holder must possess advanced knowledge in an administrative field of study

The Fair Labor Standards Act of 1938 (FLSA) is a federal law that establishes regulations related to compensation and payment to full-time and part-time employees in the private sector and in federal, state, and local governments. The areas regulated include the minimum wage, max hours and overtime, travel time, salary deductions, child labor, and others. 

Some employees may be exempt from the overtime and the minimum wage provisions of the act. Provided the employee meets the salary basis test (payment of at least $684 per week), there are several exemptions based on the duties performed by the employee. The types of exemptions available include an executive exemption, administrative exemption, professional exemption, highly compensated employee exemption, computer employee exemption, and outside sales exemption.

As it relates to the administrative exemption, the criteria required to qualify for this exemption are outlined below:

  • The employee must be compensated on a salary basis at a rate not less than $684 per week;
  • The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and
  • The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

196.

A collective bargaining agreement is:

  • A written legal document between an employer and a union representing the employees

  • An organizational strategic plan

  • An employee's authorization to work

  • A contract that forces employees from a job

Correct answer: A written legal document between an employer and a union representing the employees

A collective bargaining agreement (CBA) is a written legal document between an employer and a union representing the employees. The CBA is the result of the negotiation process between the parties regarding mandatory and voluntary/permissive subjects which may include:

  • Wages, hours, terms, and conditions of employment
  • Grievance procedures
  • Training
  • Safety
  • Strikes and lockouts
  • Contract administration
  • Dues check-off
  • Zipper clause

197.

Midway through his workday, Josh begins to feel feverish and develops severe chills. He tries to fight through the day but ultimately his supervisor determines he is too ill to perform his job duties and sends him home. After visiting his physician, Josh learns that he contracted malaria from an insect bite while on his honeymoon. Does the employer need to record this illness on OSHA reporting forms?

  • No, because Josh was exposed outside of the work environment

  • No, because malaria isn't a communicable disease

  • Yes, all potential outbreaks need to be reported to OSHA and also to the CDC

  • Yes, because Josh's symptoms first surfaced at work

Correct answer: No, because Josh was exposed outside of the work environment

OSHA regulations require work-related injury and illnesses to be reported using forms 300, 300A, and 301. There are several circumstances in which an employee can be injured or become ill in their workplace when it would not be considered work-related. In Josh’s situation, OSHA standard 1904.5(b)(2)(ii) applies. This exemption states that an employer is not required to record injuries and illnesses if the injury or illness involves signs or symptoms that surface at work but result solely from a non-work-related event or exposure that occurs outside the work environment.

198.

Labor unions may support external recruitment by opening hiring halls during peak employment seasons. These are generally online career centers that explain employment opportunities and worker requirements. They are required to:

  • Maintain non-discriminatory referral practices

  • Hire all the candidates who apply

  • Screen candidates and check backgrounds

  • Offer more jobs to minorities

Correct answer: Maintain non-discriminatory referral practices

The labor union may send over candidates who have expressed interest in working for the company, however, they still must adhere to labor laws including non-discriminatory recruitment practices.

199.

Which labor relations act was put in place to provide a cooling-off period of up to 90 days if the president deems the strike would present a national emergency?

  • The Railway Labor Act

  • The Clayton Act

  • The Wagner Act

  • The Norris-LaGuardia Act

Correct answer: The Railway Labor Act

The Railway Labor Act of 1926, was enacted to govern labor activities in the railroad and airline industry. The purpose of the act is to avoid interruptions of interstate commerce due to strikes and to protect workers rights. The act called for prompt resolution of labor disputes and allowed for a cooling-off period of up to 90 days if the president deemed a strike to be a national emergency.

The Clayton Act was passed in 1914 and defines unethical business practices, such as price-fixing, monopolies, and upholds various rights of labor unions. The Act limited the use of injunctions to break strikes and exempted unions from the Sherman Antitrust Act. 

The Norris-LaGuardia Act was passed in 1932 and removed certain legal and judicial barriers against the activities of labor unions. The act declared that the members of labor unions should have “full freedom of association” undisturbed by employers. The act also barred the federal courts from issuing injunctions to prevent strikes, picketing, or boycotts by labor groups and prohibited “yellow-dog” contracts. 

The Wagner Act, also known as the National Labor Relations Act (NLRA), was passed as part of Roosevelt's New Deal in 1935. The NLRA was passed to provide protections for employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy. Additionally, the NLRA identified five employer unfair labor practices (ULPs) and created the National Labor Relations Board (NLRB) to enforce the act's provisions.

200.

Action strategies that are developed to improve the way organizations achieve desired business results are known as:

  • Organizational development interventions

  • Organizational culture

  • Organizational change

  • Organizational development

Correct answer: Organizational development interventions

Action strategies that are developed to improve the way organizations achieve desired business results are known as organizational development interventions. They may be directed toward structures, processes, technology, individuals, groups, or entire organizations.

Organizational culture is the organization's ability to share their values and beliefs and the behavior associated with them. Organizational development is a systematic method of examining an organization's technology, processes, structure, and human resources, and developing action strategies to improve the way it achieves desired business results.

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