Deck 1: Impact of Regulation on Human Resource Practices
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Deck 1: Impact of Regulation on Human Resource Practices
1
In organized work environments, the terms, conditions, and privileges of employment are specified under a contractual arrangement called a collective bargaining agreement
True
2
A basic function of the Federal Courts of Appeals is to review district court cases for errors of law.
True
3
The Occupational Safety and Health Administration is a division of the Department of Labor.
True
4
HR compliance emphasizes employee rights and employer responsibilities in areas such as health, safety, security, and equal employment opportunity (EEO).
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5
Prior to the Civil Rights Act of 1991, all Title VII suits were heard before both a federal judge and a jury of peers.
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6
The text recommends that HR managers provide training and information to nonsupervisory employees to assist in the reduction of compliance costs.
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7
Judicial activism is the concept that judges must go beyond their power of merely interpreting the law to actually making law.
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8
The Equal Employment Opportunity Commission was initially created by Congress to enforce Title VII.
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9
The Office of Federal Contract Compliance Programs is not a division of the Department of Labor.
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10
Employment law provides little or no protection to employees who do not work in organized workplaces.
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11
The first large-scale attempt by the federal government to restrict management's actions in the workplace was the Railway Labor Act of 1926.
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12
The Labor Disputes Act of 1932 and the Norris-LaGuardia Act are two separate Acts related to the labor movement.
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13
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.
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14
Labor law applies only to unionized workplaces.
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15
The "culture of fear" is the fear of being fired for unintentional discrimination.
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16
To identify and evaluate loss exposure is one of the five basic steps of classic risk management theory.
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17
The National Labor Relations Board is a division of the Department of Labor.
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18
Organizations which behave irresponsibly eventually cause laws to be enacted that affect all organizations, even the responsible ones.
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19
Federal courts have led the evolution and transformation of EEO laws more than the other two governmental branches.
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20
If an employer is unaware of a first level supervisor's discriminatory actions, the organization is "off the hook" for any liability.
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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
A)Three
B)Four
C)Five
D)Six
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22
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
A)HR compliance.
B)Collective bargaining
C)Labor relations
D)Employment law
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23
________ 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
A)Precedent
B)Actionable discrimination
C)Corporate legitimacy
D)HR compliance
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24
The judiciary produces:
A)Regulations
B)Statutes
C)Case law
D)None of the above
A)Regulations
B)Statutes
C)Case law
D)None of the above
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25
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.
A)Labor-Management Relations Act.
B)Railway Labor Act.
C)Norris-LaGuardia Act.
D)National Labor Relations Act.
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26
All of the following are sources of employment law except:
A)Legislative
B)Executive
C)Judicial
D)Tort law
A)Legislative
B)Executive
C)Judicial
D)Tort law
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27
All of the following are protected classes except:
A)Race
B)Religion
C)Sexual orientation
D)Sex
A)Race
B)Religion
C)Sexual orientation
D)Sex
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28
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
A)National Labor Relations Board
B)Equal Employment Opportunity Commission
C)Occupational Safety and Health Administration
D)Office of Federal Contract Compliance Programs
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29
If the Court of Appeals vacates a court's decision, this means:
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.
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.
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30
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
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
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31
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
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
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32
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
A)Equal Employment Opportunity Commission.
B)National Labor Relations Board
C)Office of Federal Contract Compliance Programs
D)Occupational Safety and Health Administration
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33
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
A)Legislative Branch-statutes
B)Executive Branch-cases or case law
C)Judicial Branch-regulations
D)Executive Branch-statutes
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34
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)Can affirm a lower court's decision
B)Require a writ of certiorari.
C)Are the same as appeals courts.
D)Exercise original jurisdiction.
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35
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.
A)The Preamble of the Constitution.
B)The Declaration of Independence.
C)Article I of the Constitution.
D)The President of the United States.
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36
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
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
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37
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
A)1900s and 1910s
B)1920s and 1930s
C)1940s and 1950s
D)1960s and 1970s
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38
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)HYPERLINK "http://www.landmarkcases.org/plessy/home.html" Plessy v Ferguson
A)Griggs v Duke Power Co.
B)Steelworkers v Weber
C)NLRB v Jones & Laughlin Steel Corp.
D)HYPERLINK "http://www.landmarkcases.org/plessy/home.html" Plessy v Ferguson
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39
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
A)Title VI
B)Title VIII
C)Title V
D)Title VII
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40
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
A)Employment contract
B)Collective bargaining agreement
C)Employee handbook
D)Form I-9
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41
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
A)Uniform System of Citation.
B)Statutes at Large
C)Uniform Guidelines
D )Code of Federal Regulations
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42
Explain the sources of laws and government regulations in the workplace.
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43
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
A)Precedent
B)Judicial restraint
C)Judicial activism
D)HR compliance
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44
A law that results from a process known as judicial review is:
A)Common law
B)Uniform law
C)Statuary law
D)Regulatory law
A)Common law
B)Uniform law
C)Statuary law
D)Regulatory law
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45
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
A)Precedent
B)Congressional intent
C)Actionable discrimination
D)Judicial restraint
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46
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
A)Provide training
B)Keep a file of employment records
C)Disseminate policies and procedures
D)Implement organization policies and procedures
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47
What are the regulatory differences between union and nonunion work environments?
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48
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
A)Court of Appeals
B)Common Law Court
C)Supreme Court of the United States
D)District Court
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49
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
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
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50
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?
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51
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
A)A limited
B)No
C)A decreasing
D)An increasing
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52
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.
A)Adhere to decided cases.
B)Misrepresent the facts.
C)Throw out legal rulings.
D)Create adversity.
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