QUESTION: 229 Exam Topic: 3, Volume C

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?

When an employer treats all applicants the same regardless of their race, color, sex, religion, national origin, age, disability, or military or veteran status.
When an employee treats other employees differently based on their past work efforts.
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
When an employer creates a quid pro quo status based on an employee's rebuttal of unwelcome sexual advances.

Answer(s): C

Reference:

PHR Exam Prep, Pearson Education, ISBN: 978-0-7897-3677-2. Chapter Four:
Workforce Planning and Employment. Official PHR and SPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149, Section III, The US HR Body of Knowledge.
Chapter: Workforce Planning and Employment
Objective: Federal Employment Legislation

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QUESTION: 230 Exam Topic: 3, Volume C

Which of the following Supreme Court cases found that an employer can be held liable for the sexual harassment of its employees?

Meritor Savings Bank v. Vinson
Burlington Industries v. Ellerth
Payne v. The Western & Atlantic Railroad Company
Harris v. Forklift Systems

Answer(s): B

Reference:

Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-
5. Chapter 7: Employee and Labor Relations. Official PHR and SPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Employee and Labor Relations
Objective: Federal Employment Legislation

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QUESTION: 231 Exam Topic: 3, Volume C

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?

Yes, the Uniformed Services Employment and Reemployment Rights Act of 1994 allows military personnel to moonlight during off-duty hours.
No, moonlighting constitutes other employment so the original employer is not obligated to reinstate her.
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.
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 earned without the military duty.

Answer(s): A

Reference:

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QUESTION: 232 Exam Topic: 3, Volume C

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?

Requires employers to provide emergency action plans to inform employees of appropriate procedures to follow during a fire or evacuation
Requires employers to provide jobs and a workplace environment that are free from recognized safety and health hazards
Requires employers to provide a safe, operational, level of noise and noise prevention in the workplace
Requires employers to provide a fire prevention plan to handle and store dangerous chemicals from the threat of fire or combustion

Answer(s): B

Reference:

Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-
5. Chapter 5: Human Resource Development. Official PHR and SPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Risk Management
Objective: Risk Assessment

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QUESTION: 229 Exam Topic: 3, Volume C

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QUESTION: 230 Exam Topic: 3, Volume C

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QUESTION: 231 Exam Topic: 3, Volume C

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QUESTION: 232 Exam Topic: 3, Volume C

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