aPHR HR Ethics and Professional Standards 2 — Questions and Answers
Question 1: An HR professional receives a subpoena for employee records in a lawsuit. The correct ethical and legal action is to:
- Refuse to provide any records to protect employee confidentiality
- Provide all requested records immediately to the requesting party
- Consult with legal counsel and follow proper legal procedures before releasing records (Correct answer)
- Inform the affected employees and let them decide whether to comply
Correct answer: Consult with legal counsel and follow proper legal procedures before releasing records
When served with a subpoena, HR must consult legal counsel and follow proper legal procedures to balance confidentiality obligations with lawful disclosure requirements.
Question 2: Which of the following actions by an HR professional represents a breach of professional ethics?
- Recommending a policy change after consulting with department heads
- Using confidential employee health information to influence a promotion decision (Correct answer)
- Providing employees with information about their FMLA rights
- Maintaining documentation of disciplinary actions in personnel files
Correct answer: Using confidential employee health information to influence a promotion decision
Using confidential health information to affect employment decisions violates both confidentiality principles and federal law (ADA/HIPAA), constituting a clear ethical breach.
Question 3: What is the concept of 'dual loyalty' as it applies to HR professionals?
- The requirement to support both federal and state employment laws simultaneously
- The tension between serving employer interests and advocating for employee rights and well-being (Correct answer)
- The obligation to belong to two professional HR associations
- The need to balance short-term and long-term organizational goals
Correct answer: The tension between serving employer interests and advocating for employee rights and well-being
Dual loyalty describes the inherent tension HR professionals face between their responsibility to the organization and their ethical duty to protect employees' rights and well-being.
Question 4: When developing an HR policy, the principle of 'fairness' requires that the policy:
- Be identical for all employees regardless of job level or function
- Apply consistently to all similarly situated employees without arbitrary distinction (Correct answer)
- Be approved by a majority of employees before implementation
- Favor protected class members to correct historical inequities
Correct answer: Apply consistently to all similarly situated employees without arbitrary distinction
Fairness in HR policy means consistent application to all similarly situated employees, preventing arbitrary or preferential treatment while allowing legitimate role-based distinctions.
Question 5: An employee approaches HR to report a concern in confidence. HR later determines the concern describes illegal activity. What should HR do?
- Keep the information confidential as promised since the employee requested it
- Acknowledge that some concerns cannot remain fully confidential when legal violations are involved, and proceed appropriately (Correct answer)
- Dismiss the concern to protect the confidentiality agreement
- Report the information anonymously without telling the employee
Correct answer: Acknowledge that some concerns cannot remain fully confidential when legal violations are involved, and proceed appropriately
HR professionals cannot guarantee absolute confidentiality when information reveals illegal activity; employees should be informed that such disclosures may require action, and HR must follow required reporting obligations.
Question 6: The ethical principle of 'stewardship' in HR practice means HR professionals should:
- Manage the HR budget with maximum cost efficiency
- Act as responsible caretakers of the organization's human capital and resources for its long-term benefit (Correct answer)
- Oversee all employee benefit programs personally
- Report directly to the board of directors on all HR matters
Correct answer: Act as responsible caretakers of the organization's human capital and resources for its long-term benefit
Stewardship means HR professionals are trusted caretakers who manage people, resources, and practices in ways that serve the organization's long-term health and the well-being of its workforce.
Question 7: Which behavior by an HR professional demonstrates the ethical principle of 'professional responsibility'?
- Forwarding employee complaints to department managers without review
- Acknowledging the limits of one's own expertise and seeking qualified guidance when needed (Correct answer)
- Completing all tasks assigned by senior leadership without questioning their legality
- Delegating ethics investigations entirely to outside consultants to avoid bias
Correct answer: Acknowledging the limits of one's own expertise and seeking qualified guidance when needed
Professional responsibility includes recognizing the boundaries of one's knowledge and competence, and seeking expert assistance when a situation exceeds one's expertise.
An HR professional receives a subpoena for employee records in a lawsuit.
The correct ethical and legal action is to: