Published - Fri, 03 Mar 2023
SPHR Questions - Part 88
1. An organization has an employment position available in their fitness center. The position is to be the female locker attendant. As part of the employment posting, the HR has made it a requirement that the person eligible for the job must be a female. Management believes that this requirement may be in violation to the CivilRights Act, Title VII. Is this a violation of the Civil Rights Act, Title VII?
A) No, this is common sense for a female locker room attendant.
B) No, this is an example of a Title VII exception.
C) Yes, no posting for employment can include a preference for males or females.
D) Yes, no hiring or firing can be made solely on the sex of the applicant or employment.
2. As an HR Professional you need to be familiar with the Age Discrimination in Employment Act 1967. What is the maximum age this act applies to people?
A) 65
B) There is no age limit in the act
C) 75
D) 70
3. Which of the following Acts provides protection to workers in the event of mass layoffs or plant closings?
A) WARN
B) BLBA
C) FECA
D) OSHA
4. The Americans with Disabilities Act of 1990 identifies an individual with a disability, as a person who has one or more of the following characteristics except for which one?
A) Is regarded as having such impairment that substantially limits one or more major life activities
B) Has a physical or mental impairment that substantially limits one or more major life activities
C) Has a record of such impairment that substantially limits one or more major life activities
D) Is believed by employers that an individual having a physical or mental impairment substantially limits one or more major employment activities
5. As an HR Professional you must be familiar with several different lawsuits and their affect on human resource practices today. What did the legal case, the UnitedSteelworkers of America versus Weber regard?
A) The United States Supreme Court held that the Civil Rights Act of 1964 did bar employers from favoring women and minorities.
B) The United States Supreme Court held that the Civil Rights Act of 1964 did not bar employers from favoring women and minorities.
C) The United States Supreme Court held that the Civil Rights Act of 1964 did bar employers from using racial criteria as a method to determine workplace advancement.
D) The United States Supreme Court held that the Civil Rights Act of 1964 did bar employers from favoring minorities, but could do gender based favor.
A) No, this is common sense for a female locker room attendant.
B) No, this is an example of a Title VII exception.
C) Yes, no posting for employment can include a preference for males or females.
D) Yes, no hiring or firing can be made solely on the sex of the applicant or employment.
2. As an HR Professional you need to be familiar with the Age Discrimination in Employment Act 1967. What is the maximum age this act applies to people?
A) 65
B) There is no age limit in the act
C) 75
D) 70
3. Which of the following Acts provides protection to workers in the event of mass layoffs or plant closings?
A) WARN
B) BLBA
C) FECA
D) OSHA
4. The Americans with Disabilities Act of 1990 identifies an individual with a disability, as a person who has one or more of the following characteristics except for which one?
A) Is regarded as having such impairment that substantially limits one or more major life activities
B) Has a physical or mental impairment that substantially limits one or more major life activities
C) Has a record of such impairment that substantially limits one or more major life activities
D) Is believed by employers that an individual having a physical or mental impairment substantially limits one or more major employment activities
5. As an HR Professional you must be familiar with several different lawsuits and their affect on human resource practices today. What did the legal case, the UnitedSteelworkers of America versus Weber regard?
A) The United States Supreme Court held that the Civil Rights Act of 1964 did bar employers from favoring women and minorities.
B) The United States Supreme Court held that the Civil Rights Act of 1964 did not bar employers from favoring women and minorities.
C) The United States Supreme Court held that the Civil Rights Act of 1964 did bar employers from using racial criteria as a method to determine workplace advancement.
D) The United States Supreme Court held that the Civil Rights Act of 1964 did bar employers from favoring minorities, but could do gender based favor.
1. Right Answer: B
Explanation: Answer option B is correct.There are some exceptions to Title VII, such as a female locker room attendant. This is an example of the bona fide occupational qualification.Answer option D is incorrect. This is an example of an occupational qualification and is an exception to Title VII.Answer option C is incorrect. In this instance, the female locker attendant is an exception to Title VII and is acceptable.Answer option A is incorrect. While this may be common sense, the best choice is that this is an exception of Title VII.Reference: Professional in Human Resources Certification Study Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter Four: Workforce Planning. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Workforce Planning and EmploymentObjective: Federal Employment Legislation
2. Right Answer: B
Explanation: Answer option B is correct.The Age Discrimination in Employment Act 1967 has no age limit on the employees or job applicants.Answer options A, D, and C are incorrect. The Age Discrimination in Employment Act 1967 has no age limit on the employees or job applicants.Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149, Section III, The US HR Body of Knowledge.Chapter: Workforce Planning and EmploymentObjective: Federal Employment Legislation
3. Right Answer: A
Explanation: Answer option A is correct.The WARN Act was passed by Congress to provide protection to workers in the event of mass layoffs or plant closings. According to the act, 60 days advance notice is given to either the individual worker or their union representatives. The purpose of providing time to workers is to obtain new employment or training before the loss of their jobs. This act is administered by the department of labor, and enforced through the federal court.Answer option B is incorrect. The Black Lung Benefits Act (BLBA) is a law that provides benefits to coal miners who have been disabled by pneumoconiosis as a result of their work in the mines. Benefits are also paid to surviving dependents if the miner dies from the disease.Answer option D is incorrect. OSHA stands for Occupational Safety and Health Administration. OSHA is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970. Its mission is to prevent work-related injuries, illnesses, and occupational fatality by issuing and enforcing standards for workplace safety and health. The agency is headed by a Deputy Assistant Secretary of Labor. OSHA issues guidelines and regulations for the safe use of a computer.Answer option C is incorrect. Federal Employees Compensation Act (FECA) is a law that provides rules for compensation benefits to federal employees for work- related injuries or illnesses. FECA contains legal provision for giving compensation to their surviving dependents if a work-related injury or illness results in the employee's death.Chapter: Workforce Planning and EmploymentObjective: Organization Exit/Off-Boarding Processes
4. Right Answer: D
Explanation: Answer option D is correct.The basis of an individual with a disability is not left to the interpretation of the employer so this choice is incorrect.Answer options B, C, and A are incorrect. These are valid statements based on the definitions provided in the Americans with Disabilities Act of 1990.Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149, Section III, The US HR Body of Knowledge.Chapter: Workforce Planning and EmploymentObjective: Federal Employment Legislation
5. Right Answer: B
Explanation: Answer option B is correct.This case centers on Brian Weber being excluded from a job training program that, if completed, would have increased his pay. His employer, Kaiser Aluminum &Chemical Corp., allowed blacks and whites into the program on one-to-one basis. Weber sued on the grounds of 'reverse discrimination.' He initially won, but then the US Supreme Court overturned the decision.Answer options A, D, and C are incorrect. These are not correct definitions of the United Steelworkers of America versus Weber.Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149, Section III, The US HR Body of Knowledge.Chapter: Workforce Planning and EmploymentObjective: Staffing Programs
Explanation: Answer option B is correct.There are some exceptions to Title VII, such as a female locker room attendant. This is an example of the bona fide occupational qualification.Answer option D is incorrect. This is an example of an occupational qualification and is an exception to Title VII.Answer option C is incorrect. In this instance, the female locker attendant is an exception to Title VII and is acceptable.Answer option A is incorrect. While this may be common sense, the best choice is that this is an exception of Title VII.Reference: Professional in Human Resources Certification Study Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter Four: Workforce Planning. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Workforce Planning and EmploymentObjective: Federal Employment Legislation
2. Right Answer: B
Explanation: Answer option B is correct.The Age Discrimination in Employment Act 1967 has no age limit on the employees or job applicants.Answer options A, D, and C are incorrect. The Age Discrimination in Employment Act 1967 has no age limit on the employees or job applicants.Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149, Section III, The US HR Body of Knowledge.Chapter: Workforce Planning and EmploymentObjective: Federal Employment Legislation
3. Right Answer: A
Explanation: Answer option A is correct.The WARN Act was passed by Congress to provide protection to workers in the event of mass layoffs or plant closings. According to the act, 60 days advance notice is given to either the individual worker or their union representatives. The purpose of providing time to workers is to obtain new employment or training before the loss of their jobs. This act is administered by the department of labor, and enforced through the federal court.Answer option B is incorrect. The Black Lung Benefits Act (BLBA) is a law that provides benefits to coal miners who have been disabled by pneumoconiosis as a result of their work in the mines. Benefits are also paid to surviving dependents if the miner dies from the disease.Answer option D is incorrect. OSHA stands for Occupational Safety and Health Administration. OSHA is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970. Its mission is to prevent work-related injuries, illnesses, and occupational fatality by issuing and enforcing standards for workplace safety and health. The agency is headed by a Deputy Assistant Secretary of Labor. OSHA issues guidelines and regulations for the safe use of a computer.Answer option C is incorrect. Federal Employees Compensation Act (FECA) is a law that provides rules for compensation benefits to federal employees for work- related injuries or illnesses. FECA contains legal provision for giving compensation to their surviving dependents if a work-related injury or illness results in the employee's death.Chapter: Workforce Planning and EmploymentObjective: Organization Exit/Off-Boarding Processes
4. Right Answer: D
Explanation: Answer option D is correct.The basis of an individual with a disability is not left to the interpretation of the employer so this choice is incorrect.Answer options B, C, and A are incorrect. These are valid statements based on the definitions provided in the Americans with Disabilities Act of 1990.Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149, Section III, The US HR Body of Knowledge.Chapter: Workforce Planning and EmploymentObjective: Federal Employment Legislation
5. Right Answer: B
Explanation: Answer option B is correct.This case centers on Brian Weber being excluded from a job training program that, if completed, would have increased his pay. His employer, Kaiser Aluminum &Chemical Corp., allowed blacks and whites into the program on one-to-one basis. Weber sued on the grounds of 'reverse discrimination.' He initially won, but then the US Supreme Court overturned the decision.Answer options A, D, and C are incorrect. These are not correct definitions of the United Steelworkers of America versus Weber.Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149, Section III, The US HR Body of Knowledge.Chapter: Workforce Planning and EmploymentObjective: Staffing Programs
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