aPHR Employee Relations 5 — Questions and Answers
Question 1: An employee files an internal harassment complaint. Which action by HR would constitute improper retaliation?
- Documenting the complaint in a confidential HR file
- Reassigning the complainant to a less desirable shift shortly after the complaint is filed (Correct answer)
- Interviewing witnesses as part of the investigation
- Notifying the accused of the allegation and allowing a response
Correct answer: Reassigning the complainant to a less desirable shift shortly after the complaint is filed
Reassigning the complainant to a worse shift after filing a complaint is adverse action that constitutes illegal retaliation.
Question 2: Which of the following best describes 'at-will employment'?
- An employee can only be terminated for documented cause
- Either the employer or employee can end the employment relationship at any time for any lawful reason (Correct answer)
- Employees must give 90 days' notice before resigning
- Termination requires approval from a labor union
Correct answer: Either the employer or employee can end the employment relationship at any time for any lawful reason
At-will employment means either party can terminate the relationship at any time for any reason that is not illegal, absent a contract stating otherwise.
Question 3: What is the primary goal of a workplace investigation?
- To build a termination case against the accused
- To gather facts objectively and determine what occurred (Correct answer)
- To satisfy union grievance requirements
- To document that management was not at fault
Correct answer: To gather facts objectively and determine what occurred
A workplace investigation seeks to gather facts impartially so the organization can make informed, fair decisions about the matter.
Question 4: Which scenario represents a 'hostile work environment' form of harassment under Title VII?
- A supervisor denying a promotion because an employee refused a date
- A manager providing critical performance feedback during a review
- Coworkers repeatedly posting offensive cartoons targeting a protected group in shared spaces (Correct answer)
- An employee receiving a written warning for tardiness
Correct answer: Coworkers repeatedly posting offensive cartoons targeting a protected group in shared spaces
Repeated, severe, or pervasive conduct based on a protected characteristic that alters the work environment constitutes hostile work environment harassment.
Question 5: An HR professional learns that a manager is falsifying employee time records. What is the most appropriate action?
- Confront the manager privately and ask them to self-correct
- Ignore it if no employees have complained
- Report the finding through the appropriate internal channels, such as legal or senior leadership (Correct answer)
- Shred the evidence to protect the company from liability
Correct answer: Report the finding through the appropriate internal channels, such as legal or senior leadership
Falsifying time records violates the FLSA and company policy; HR must escalate through proper internal channels regardless of who is involved.
Question 6: Which metric is most useful for tracking the effectiveness of employee relations interventions over time?
- Revenue per employee
- Grievance and complaint rates before and after interventions (Correct answer)
- Number of employees enrolled in benefits
- Average salary by department
Correct answer: Grievance and complaint rates before and after interventions
Tracking grievance and complaint rates before and after interventions helps HR assess whether employee relations programs are reducing workplace conflict.
Question 7: Under the Weingarten rights established by the NLRB, what is a union employee entitled to during an investigatory interview?
- The right to refuse to answer any questions
- The right to have a union representative present if the interview could result in discipline (Correct answer)
- The right to record the interview without employer consent
- The right to terminate the interview at any time without consequence
Correct answer: The right to have a union representative present if the interview could result in discipline
Weingarten rights guarantee unionized employees the right to request and have a union representative present at any investigatory interview they reasonably believe could lead to discipline.
aPHR Employee Relations 5
An employee files an internal harassment complaint.
Which action by HR would constitute improper retaliation?