HRCI HRCI Certifications PHR Questions & Answers

• Question 41:

  As a HR Professional you must be familiar with several different lawsuits and their affect on human resource practices today. What did the Regents of the University of California versus Bakke lawsuit primarily accomplish?

  A. Universities could not use race as the reason to exclude an applicant to a college admissions program, but the university could use race as one of the reasons to include a person as an applicant to a college admissions program.

  B. Universities could not hire a person based solely on their race.

  C. Universities could not use race as a reason to not hire a person, but could use race as a reason to hire a person.

  D. Universities could not use race as a reason to include or to exclude a person from a college admissions program.

  Correct Answer: A

  The Regents of the University of California versus Bakke lawsuit, barred race as the sole criteria for excluding an applicant from consideration to an admissions program, but did allow race to be one of the factors for admission to the program. Answer options B, C, and D are incorrect. These are not valid definitions of University of California versus Bakke lawsuit.

• Question 42:

  HR Professionals must recognize types of unlawful discrimination to be in compliance with US law. One type of discrimination is disparate treatment. Which one of the following is the best definition of disparate treatment?

  A. When an employer treats all applicants the same regardless of their race, color, sex, religion, national origin, age, disability, or military or veteran status.

  B. When an employer creates a quid pro quo status based on an employee's rebuttal of unwelcome sexual advances.

  C. When an employer treats a candidate differently based on the person's race, color, sex, religion, national origin, age, disability, or military or veteran status

  D. When an employee treats other employees differently based on their past work efforts.

  Correct Answer: C

  Disparate treatment is when an employer treats an employee or applicant differently based on the person's race, color, sex, religion, national origin, age, disability, or military or veteran status.

  Disparate treatment is an unlawful discrimination.

  Answer option B is incorrect. This statement defines a type of sexual harassment. Answer option A is incorrect. Employers should treat all applicants the same regardless of race, color, sex, religion, national origin, age, disability, or military or

  veteran status. Answer option D is incorrect. This is not an example of harassment, but a workplace environment.

• Question 43:

  The Taft-Hartley Act, also known as the Labor Management Relations Act, addressed unions and engaged in certain types of secondary boycotts. What is a secondary boycott?

  A. It is an effort to convince others to stop doing business with a particular organization that is the subject of a primary boycott.

  B. It is an effort to create more than one boycott on an organization, on two or more revenue streams.

  C. It is two or more boycotts by two or more union-backed organizations against one company.

  D. It is additional boycotts against companies that do business with a company which the union is boycotting.

  Correct Answer: A

  A second boycott is an effort to convince others to stop doing business with a particular organization that is the subject of a primary boycott. Answer options B, D, and C are incorrect. These are not valid definitions of a secondary boycott.

• Question 44:

  OSHA may inspect a workplace at any time. The purpose of these inspections is to maintain safety for all workers. OSHA has established five priorities for workplace inspections. Which one of the following statements is the correct order of most important OSHA priorities to least important OSHA priorities?

  A. Imminent danger, planned inspections in high-hazard industries, employee complaints, catastrophes and fatal accidents, follow-up inspections

  B. Imminent danger, catastrophes and fatal accidents, planned inspections in high-hazard industries, employee complaints, and follow-up inspections

  C. Imminent danger, catastrophes and fatal accidents, planned inspections in high-hazard industries, follow-up inspections, and employee complaints

  D. Imminent danger, catastrophes and fatal accidents, employee complaints, planned inspections in high-hazard industries, follow-up inspections

  Correct Answer: D

  The five OSHA priorities in order are as follows: Imminent danger, catastrophes and fatal accidents, employee complaints, planned inspections

  in high-hazard industries, and follow-up inspections.

  Answer options B, A, and C are incorrect. These are not the correct order of OSHA priorities.

• Question 45:

  As an HR Professional you should be familiar with the terminology, practices, and rules governing union-based strikes. What term is assigned to a group of employees who are not directly affected by a group of striking employees, but they choose not to cross a picket line of strike?

  A. Common situs picketing

  B. Scabs

  C. Sympathy strike

  D. Wildcat strikes

  Correct Answer: C

  A sympathy strike occurs when non-striking workers don't cross the picket line of striking workers. Answer option B is incorrect. The term scab is a derogative term by which picketers often call workers who cross the picket line. Answer option A is incorrect. The common situs picketing happens when members of a picketing labor union picket a workplace in which multiple employers work. This could include employers who the picketers don't have a disagreement with. Answer option D is incorrect. A wildcat strike is when a collective bargaining agreement restricts strikes, but workers strike anyway.

• Question 46:

  What is the time limit for filing a charge of discrimination with the EEOC?

  A. 90 days

  B. 60 days

  C. 180 days

  D. 30 days

  Correct Answer: C

  The individual filing the claim has 180 days from the date of the alleged violation. In some instances the 180-day limitation may be extended to 300 days if the charge is covered by a state or local anti-discrimination law. Answer option D is incorrect. The limit is 180 days, not 30 days. Answer option B is incorrect. The limit is 180 days, not 60 days. Answer option A is incorrect. The limit is 180 days, not 90 days.

• Question 47:

  Your organization has decided to close one of the manufacturing plants, where it employs 250 employees. The closing is not a reflection of the employee's performance, but due to poor sales of the equipment the plant produces. What is the employer required to do for the employees in light of the plant closing?

  A. Offer a written notice of the plant closing at least 60 days prior to the closing date.

  B. Offer the employees an opportunity to resign from their position with two week severance pay.

  C. Offer the employees a transfer to other plants that will remain open.

  D. Offer the employees a final performance assessment.

  Correct Answer: A

  The only requirement the organization must fulfill is to offer, in writing, a notice of the plant closing at least 60 days prior to the closing event. Answer option C is incorrect. The organization is not required to offer job transfers. Answer option B is incorrect. The organization is not required to offer severance packages, though many organizations may. Answer option D is incorrect. The organization is not required to offer a final performance assessment for the employees.

• Question 48:

  John's organization has collected several applications for an employment position within his organization. The data collected from these applications must be kept secure and private, especially in light of the Privacy Act of what year?

  A. 1964

  B. 1968

  C. 1974

  D. 2007

  Correct Answer: C

  The Privacy Act of 1974 requires organizations to keep EEO-related matters private. This law is designed to protect the information the candidate has given to the organization as part of the application for the employment position. Answer options B, A, and D are incorrect. These are not valid years from the Privacy Act of 1974.

• Question 49:

  As an HR Professional you should be familiar with OSHA forms for maintaining employee records. Which OSHA form is used to cover the what, how, when, where, and who or work-related injuries?

  A. Form 301

  B. Form 300

  C. Form 300A

  D. Form 3165

  Correct Answer: B

  Form 300 is OSHA's form that employers can use as a log book to document the how, what, when, where, and who of work-related injuries. The employer is obligated to complete this form within seven days of learning of a work-related injury. Answer option A is incorrect. OSHA form 301 is a form for work-related injuries or illnesses incidents. This form is to be kept by the employer for a minimum of five years following the year in which the incident occurred. Answer option C is incorrect. OSHA form 300A is used to record a numeric summary of all work-related injuries that have occurred in a work environment over the past year. The worksheet defines the incident, the number of employees affected, and the type of injuries and illness. Answer option D is incorrect. There's isn't a Form 3165, but there is 3165 Poster that defines employees' rights under OSHA.

• Question 50:

  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. Has a record of such impairment that substantially limits one or more major life activities

  B. Is regarded as having such impairment that substantially limits one or more major life activities

  C. Is believed by employers that an individual having a physical or mental impairment substantially limits one or more major employment activities

  D. Has a physical or mental impairment that substantially limits one or more major life activities

  Correct Answer: C

  The basis of an individual with a disability is not left to the interpretation of the employer so this choice is incorrect.

  Answer options D, A, and B are incorrect. These are valid statements based on the definitions provided in the Americans with Disabilities Act of 1990.