Published - Fri, 03 Mar 2023
SPHR Questions - Part 35
1. Which of the following Supreme Court cases found that an employer can be held liable for the sexual harassment of its employees?
A) Meritor Savings Bank v. Vinson
B) Burlington Industries v. Ellerth
C) Payne v. The Western & Atlantic Railroad Company
D) Harris v. Forklift Systems
2. Shelly is a graphic designer in your company and she has been called to military duty. While she is on duty you learn that Shelly has been moonlighting graphic design for other companies. Because she has been moonlighting while on military leave from your employment, are you required to reinstate her upon her pending return from military duty?
A) Yes, the Uniformed Services Employment and Reemployment Rights Act of 1994 allows military personnel to moonlight during off-duty hours.
B) No, moonlighting constitutes other employment so the original employer is not obligated to reinstate her.
C) No, moonlighting is a breach of the Uniformed Services Employment and Reemployment Rights Act of 1994, as military personnel are to be on employment leave and not generate an income other than what their military duty provides. The employer is therefore exempt from the reinstatement obligations.
D) Yes, moonlighting is another form of employment, but you are required to reinstate her if her income from moonlighting is less than what she would have
3. OSHA defines occupational safety and health hazards and how employers are to respond to certain scenarios that could happen in the workplace. One such standard is The General Duty Standard, Section 5. What does this standard mandate for employers?
A) Requires employers to provide emergency action plans to inform employees of appropriate procedures to follow during a fire or evacuation
B) Requires employers to provide jobs and a workplace environment that are free from recognized safety and health hazards
C) Requires employers to provide a safe, operational, level of noise and noise prevention in the workplace
D) Requires employers to provide a fire prevention plan to handle and store dangerous chemicals from the threat of fire or combustion
4. Marcy is an hourly-paid employee in the JKJ Company. Her supervisor Tom has asked Marcy to not begin working on a presentation until he leaves a meeting.The meeting happens to last six hours and Marcy doesn't have other work to do while Tom is in the meeting. Marcy decides to read a book while she waits.According to the Fair Labor Standards Act should Marcy be paid for reading the book? Choose the best answer:
A) No, this is an example of engaged to wait.
B) Yes, she must be paid.
C) Yes, this is an example of engaged to wait.
D) No, this is an example of employment lag time.
5. As an HR Professional for your company, you have been asked to participate in strategic planning. During the strategic planning conversation, Frank is discussing the Four P's of Marketing. What are the Four P's of Marketing?
A) Product, Price, Placement, and Promotion
B) People, Product, Payment, and Promotion
C) People, Price, Placement, and Promotion
D) People, Payment, Placement, and Projections
A) Meritor Savings Bank v. Vinson
B) Burlington Industries v. Ellerth
C) Payne v. The Western & Atlantic Railroad Company
D) Harris v. Forklift Systems
2. Shelly is a graphic designer in your company and she has been called to military duty. While she is on duty you learn that Shelly has been moonlighting graphic design for other companies. Because she has been moonlighting while on military leave from your employment, are you required to reinstate her upon her pending return from military duty?
A) Yes, the Uniformed Services Employment and Reemployment Rights Act of 1994 allows military personnel to moonlight during off-duty hours.
B) No, moonlighting constitutes other employment so the original employer is not obligated to reinstate her.
C) No, moonlighting is a breach of the Uniformed Services Employment and Reemployment Rights Act of 1994, as military personnel are to be on employment leave and not generate an income other than what their military duty provides. The employer is therefore exempt from the reinstatement obligations.
D) Yes, moonlighting is another form of employment, but you are required to reinstate her if her income from moonlighting is less than what she would have
3. OSHA defines occupational safety and health hazards and how employers are to respond to certain scenarios that could happen in the workplace. One such standard is The General Duty Standard, Section 5. What does this standard mandate for employers?
A) Requires employers to provide emergency action plans to inform employees of appropriate procedures to follow during a fire or evacuation
B) Requires employers to provide jobs and a workplace environment that are free from recognized safety and health hazards
C) Requires employers to provide a safe, operational, level of noise and noise prevention in the workplace
D) Requires employers to provide a fire prevention plan to handle and store dangerous chemicals from the threat of fire or combustion
4. Marcy is an hourly-paid employee in the JKJ Company. Her supervisor Tom has asked Marcy to not begin working on a presentation until he leaves a meeting.The meeting happens to last six hours and Marcy doesn't have other work to do while Tom is in the meeting. Marcy decides to read a book while she waits.According to the Fair Labor Standards Act should Marcy be paid for reading the book? Choose the best answer:
A) No, this is an example of engaged to wait.
B) Yes, she must be paid.
C) Yes, this is an example of engaged to wait.
D) No, this is an example of employment lag time.
5. As an HR Professional for your company, you have been asked to participate in strategic planning. During the strategic planning conversation, Frank is discussing the Four P's of Marketing. What are the Four P's of Marketing?
A) Product, Price, Placement, and Promotion
B) People, Product, Payment, and Promotion
C) People, Price, Placement, and Promotion
D) People, Payment, Placement, and Projections
1. Right Answer: B
Explanation: Answer option B is correct.It was held in Burlington Industries v. Ellerth case that employers are liable for the actions of their employees. In the case, Kimberly Ellerth worked for BurlingtonIndustries and was harassed by a colleague, not her immediate supervisor, Ted Slowick. The US Supreme Court found that Burlington Industries was responsible for Ted Slowick's actions as he was their employee.Answer option A is incorrect. Meritor Savings Bank v. Vinson is a sexual harassment case that determined a hostile environment claim of sexual harassment to be actionable under Title VII.Answer option D is incorrect. Harris v. Forklift Systems is a sexual harassment case that addressed a hostile environment and its relation to a person's level of psychological well-being.Answer option C is incorrect. Payne v. The Western & Atlantic Railroad Company, established the principle of employment at will.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation
2. Right Answer: A
Explanation: Answer option A is correct.The Uniformed Services Employment and Reemployment Rights Act of 1994 does allow military personnel to moonlight during off-duty hours without affecting their reinstatement rights.Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the rights of reservists called to active duty in the armed forces. The Act provides reemployment and benefits rights and is administered through the Veterans Employment and Training Service (VETS) of the Department of Labor.USERRA applies to all public and private employers in the United States, including the federal government.Answer options B, C, and D are incorrect. These are not valid statements about the Uniformed Services Employment and Reemployment Rights Act of 1994.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation
3. Right Answer: B
Explanation: Answer option B is correct.The General Duty Standard, Section 5 is the general purpose of OSHA: to provide employees with a safe working environment with safety standards.Answer option A is incorrect. This statement describes the OSHA requirements of Emergency Action Plans, section 1910.38.Answer option D is incorrect. This statement describes the OSHA requirements of Fire Prevention Plans, section 1910.39.Answer option C is incorrect. This statement describes the OSHA requirements of Occupational Noise Exposure, 1910.95.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 5: Human Resource Development. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Risk Management -Objective: Risk Assessment
4. Right Answer: C
Explanation: Answer option C is correct.Even though Marcy doesn't have other work to complete she is still to be paid for her time. This is an example of engaged to wait - as the company has purchased her time on an hourly basis and the current assignment is to wait for Tom.Answer option A is incorrect. Engaged to wait means that Marcy will still be paid for her time.Answer option D is incorrect. Lag time is the time to wait between activities in project management and isn't relative in this issue.Answer option B is incorrect. While this answer is correct you must always pick the best answer, which is the example of engaged to wait.Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Compensation and BenefitsObjective: Total Rewards Defined
5. Right Answer: A
Explanation: Answer option A is correct.The Four P's of Marketing are product, price, placement, and promotion.Answer options C, D, and B are incorrect. These are not valid answers, as the Four P's of Marketing are product, price, placement, and promotion.Reference: Professional in Human Resources Certification Study Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter Four: Workforce Planning and Employment.Chapter: Business Management and StrategyObjective: Organizations
Explanation: Answer option B is correct.It was held in Burlington Industries v. Ellerth case that employers are liable for the actions of their employees. In the case, Kimberly Ellerth worked for BurlingtonIndustries and was harassed by a colleague, not her immediate supervisor, Ted Slowick. The US Supreme Court found that Burlington Industries was responsible for Ted Slowick's actions as he was their employee.Answer option A is incorrect. Meritor Savings Bank v. Vinson is a sexual harassment case that determined a hostile environment claim of sexual harassment to be actionable under Title VII.Answer option D is incorrect. Harris v. Forklift Systems is a sexual harassment case that addressed a hostile environment and its relation to a person's level of psychological well-being.Answer option C is incorrect. Payne v. The Western & Atlantic Railroad Company, established the principle of employment at will.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation
2. Right Answer: A
Explanation: Answer option A is correct.The Uniformed Services Employment and Reemployment Rights Act of 1994 does allow military personnel to moonlight during off-duty hours without affecting their reinstatement rights.Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the rights of reservists called to active duty in the armed forces. The Act provides reemployment and benefits rights and is administered through the Veterans Employment and Training Service (VETS) of the Department of Labor.USERRA applies to all public and private employers in the United States, including the federal government.Answer options B, C, and D are incorrect. These are not valid statements about the Uniformed Services Employment and Reemployment Rights Act of 1994.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation
3. Right Answer: B
Explanation: Answer option B is correct.The General Duty Standard, Section 5 is the general purpose of OSHA: to provide employees with a safe working environment with safety standards.Answer option A is incorrect. This statement describes the OSHA requirements of Emergency Action Plans, section 1910.38.Answer option D is incorrect. This statement describes the OSHA requirements of Fire Prevention Plans, section 1910.39.Answer option C is incorrect. This statement describes the OSHA requirements of Occupational Noise Exposure, 1910.95.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 5: Human Resource Development. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Risk Management -Objective: Risk Assessment
4. Right Answer: C
Explanation: Answer option C is correct.Even though Marcy doesn't have other work to complete she is still to be paid for her time. This is an example of engaged to wait - as the company has purchased her time on an hourly basis and the current assignment is to wait for Tom.Answer option A is incorrect. Engaged to wait means that Marcy will still be paid for her time.Answer option D is incorrect. Lag time is the time to wait between activities in project management and isn't relative in this issue.Answer option B is incorrect. While this answer is correct you must always pick the best answer, which is the example of engaged to wait.Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Compensation and BenefitsObjective: Total Rewards Defined
5. Right Answer: A
Explanation: Answer option A is correct.The Four P's of Marketing are product, price, placement, and promotion.Answer options C, D, and B are incorrect. These are not valid answers, as the Four P's of Marketing are product, price, placement, and promotion.Reference: Professional in Human Resources Certification Study Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter Four: Workforce Planning and Employment.Chapter: Business Management and StrategyObjective: Organizations
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