Test Questions & Answers Ch1 Impact Of Regulation On Human

Test Bank

Chapter 1

Impact of Regulation on Human Resource Practices

True/False

1. If an employer is unaware of a first level supervisor’s discriminatory actions, the organization is “off the hook” for any liability.

2. In organized work environments, the terms, conditions, and privileges of employment are specified under a contractual arrangement called a collective bargaining agreement

3. Employment law provides little or no protection to employees who do not work in organized workplaces.

4. Labor law applies only to unionized workplaces.

5. States and, in some cases, municipalities have created laws and ordinances that regulate employment practices, but the greatest source of workplace regulation is the federal government.

6. HR compliance emphasizes employee rights and employer responsibilities in areas such as health, safety, security, and equal employment opportunity (EEO).

7. The first large-scale attempt by the federal government to restrict management’s actions in the workplace was the Railway Labor Act of 1926.

8. The Labor Disputes Act of 1932 and the Norris-LaGuardia Act are two separate Acts related to the labor movement.

9. Prior to the Civil Rights Act of 1991, all Title VII suits were heard before both a federal judge and a jury of peers.

10. Judicial activism is the concept that judges must go beyond their power of merely interpreting the law to actually making law.

11. Federal courts have led the evolution and transformation of EEO laws more than the other two governmental branches.

12. The “culture of fear” is the fear of being fired for unintentional discrimination.

13. Organizations which behave irresponsibly eventually cause laws to be enacted that affect all organizations, even the responsible ones.

14. The Equal Employment Opportunity Commission was initially created by Congress to enforce Title VII.

15. The Occupational Safety and Health Administration is a division of the Department of Labor.

16. The National Labor Relations Board is a division of the Department of Labor.

17. The Office of Federal Contract Compliance Programs is not a division of the Department of Labor.

18. A basic function of the Federal Courts of Appeals is to review district court cases for errors of law.

19. The text recommends that HR managers provide training and information to nonsupervisory employees to assist in the reduction of compliance costs.

20. To identify and evaluate loss exposure is one of the five basic steps of classic risk management theory.

Multiple Choice

1. In organized work environments, the terms, conditions, and privileges of employment are specified under a contractual arrangement called:

A. Employment contract

B. Collective bargaining agreement

C. Employee handbook

D. Form I-9

2. All of the following are true about labor relations except:

A. Addresses employment issues arising from the organized workplace

B. Relate to unionized workplaces

C. Relates to workplaces that have a collective bargaining agreement

D. Employment law is a synonymous term

3. The HR activity which deals with the legal relationship between managers and employees in a regulated, but nonunionized, work environment is called:

A. HR compliance.

B. Collective bargaining

C. Labor relations

D. Employment law

4. It was not until the _________ that the first major wave of federal regulation began.

A. 1900s and 1910s

B. 1920s and 1930s

C. 1940s and 1950s

D. 1960s and 1970s

5. The first period of federal regulation began with the:

A. Labor-Management Relations Act.

B. Railway Labor Act.

C. Norris-LaGuardia Act.

D. National Labor Relations Act.

6. The second period of federal regulation:

A. Began at the dawn of the 20th century

B. Stopped when John F. Kennedy took office

C. Continues today

D. Began with the Railway Labor Act

7. The most important part of the Civil Rights Act of 1964 for managers is:

A. Title VI

B. Title VIII

C. Title V

D. Title VII

8. All of the following are protected classes except:

A. Race

B. Religion

C. Sexual orientation

D. Sex

9. The most noteworthy decision illustrating judicial activism was:

A. Griggs v Duke Power Co.

B. Steelworkers v Weber

C. NLRB v Jones & Laughlin Steel Corp.

D. Plessy v Ferguson

10. ________ is the extent to which an organization’s objectives, actions, and activities are viewed as being consistent with society’s expectations.

A. Precedent

B. Actionable discrimination

C. Corporate legitimacy

D. HR compliance

11. All of the following are sources of employment law except:

A. Legislative

B. Executive

C. Judicial

D. Tort law

12. Congress receives the authority to enact statutory law from:

A. The Preamble of the Constitution.

B. The Declaration of Independence.

C. Article I of the Constitution.

D. The President of the United States.

13. Which answer pairs the source of employment law with the type of law created by that source?

A. Legislative Branch–statutes

B. Executive Branch–cases or case law

C. Judicial Branch–regulations

D. Executive Branch–statutes

14. The Civil Rights Act of 1964 created the _______ to enforce its provisions

A. National Labor Relations Board

B. Equal Employment Opportunity Commission

C. Occupational Safety and Health Administration

D. Office of Federal Contract Compliance Programs

15. The EEOC is responsible for overseeing:

A. Federal EEO laws

B. Child labor restrictions under the Fair Labor Standards Act

C. Standards for workplace safety

D. Federal contractors’ progress toward achieving affirmative action goals

16. The regulatory agency that investigates complaints of unsafe conditions or serious workplace accidents is the:

A. Equal Employment Opportunity Commission.

B. National Labor Relations Board

C. Office of Federal Contract Compliance Programs

D. Occupational Safety and Health Administration

17. Which regulatory body is responsible for monitoring restrictions in the use of polygraphs in employment decisions under the Polygraph Protection Act?

A. The Occupational Safety and Health Administration

B. The Office of Federal Contract Compliance Programs

C. The Wage and Hour Division

D. The Office of Labor Management Standards

18. The judiciary produces:

A. Regulations

B. Statutes

C. Case law

D. None of the above

19. Federal District Courts

A. Can affirm a lower court’s decision

B. Require a writ of certiorari.

C. Are the same as appeals courts.

D. Exercise original jurisdiction.

A. That the court’s decision has been overturned or voided.

B. That the court’s decision has been upheld.

C. That no decision was reached.

D. That court needs more information before ruling on the case.

21. In order for a writ of certiorari to be granted, at least ___ of the nine justices of the Supreme Court must agree to hear the case in question.

A. Three

B. Four

C. Five

D. Six

22. Which court is at the top of the federal judicial hierarchy?

A. Court of Appeals

B. Common Law Court

C. Supreme Court of the United States

D. District Court

23. A law that results from a process known as judicial review is:

A. Common law

B. Uniform law

C. Statuary law

D. Regulatory law

24. When the court must view the issue in terms of what Congress was trying to accomplish at the time the statute was enacted, this is called:

A. Precedent

B. Congressional intent

C. Actionable discrimination

D. Judicial restraint

25. Precedent is based on the legal principle of stare decisis, which means to:

A. Adhere to decided cases.

B. Misrepresent the facts.

C. Throw out legal rulings.

D. Create adversity.

26. When the court refrains from law making and restricts its activities to the settlement of legal conflicts, this is called:

A. Precedent

B. Judicial restraint

C. Judicial activism

D. HR compliance

27. During the second wave of federal regulation of the workplace, the federal court system has exercised ________ role in government policy making.

A. A limited

B. No

C. A decreasing

D. An increasing

28. Many government and legal documents are referenced under what is called the:

A. Uniform System of Citation.

B. Statutes at Large

C. Uniform Guidelines

D .Code of Federal Regulations

29. What does the following citation mean: 29 C.F.R. § 1607?

A. 29th volume, Code for Federal Regulations, page 1607

B. 29th Section, Code for Federal Regulations, volume 1607

C. 29th volume, Code for Federal Regulations, Section 1607

D. 29th Section, Code for Federal Regulations, paragraph 1607

30. All of the following are steps to basic risk management theory except:

A. Provide training

B. Keep a file of employment records

C. Disseminate policies and procedures

D. Implement organization policies and procedures

Essay

1. Describe the structure of the Federal Court System. What is the basic process for a case that begins in a district court and ends in the Supreme Court?

2. What are the regulatory differences between union and nonunion work environments?

3. Explain the sources of laws and government regulations in the workplace.

The legislative, executive and judicial branches of government all produce laws or regulations that affect the workplace. Legislative bodies create statutes. Congress is given the right to enact statutory law from Article I of the Constitution. The executive branch of the government is charged with the responsibility of enforcing the laws enacted by the legislative branch. This is primarily done through regulatory agencies. Some of these agencies are created by Congress and brought into existence to enforce enacted legislation. However, some regulatory agencies are created by the President of the United States. In the federal government, the executive branch draws its power from Article II of the Constitution. The judiciary produces case law. Through their power of judicial review, activist courts have created many more conscientious theories of discrimination than the other two branches of government.

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