Supervisory Test Legal and Ethical Compliance 3 — Questions and Answers
Question 1: A supervisor is asked by upper management to alter performance review scores to justify a predetermined layoff decision. The ethical response is to:
- Comply because management has authority over the supervisor
- Refuse and document the request, escalating to HR or legal counsel (Correct answer)
- Alter the scores but keep a personal copy of the originals
- Alter the scores only for employees with disciplinary histories
Correct answer: Refuse and document the request, escalating to HR or legal counsel
Falsifying performance records is unethical and potentially illegal; supervisors must refuse and report such requests through proper channels.
Question 2: What is 'disparate impact' in employment law?
- When a supervisor intentionally treats one employee differently than others
- When a neutral policy disproportionately affects a protected group (Correct answer)
- When an employee is paid differently based on performance
- When discipline is applied more harshly in one department than another
Correct answer: When a neutral policy disproportionately affects a protected group
Disparate impact occurs when an employment policy that appears neutral on its face disproportionately and negatively affects a protected class.
Question 3: Under OSHA regulations, supervisors are responsible for:
- Bearing sole personal liability for all workplace injuries
- Ensuring employees are trained on safety procedures and hazards are corrected (Correct answer)
- Filing workers' compensation claims on behalf of injured employees
- Setting the federal safety standards applicable to their industry
Correct answer: Ensuring employees are trained on safety procedures and hazards are corrected
Supervisors are responsible for ensuring employees receive proper safety training and that identified hazards are promptly corrected.
Question 4: An employee requests confidentiality before reporting a coworker's misconduct. A supervisor should:
- Guarantee complete confidentiality to encourage the report
- Explain that complete confidentiality cannot be guaranteed but information will be limited to those who need it (Correct answer)
- Decline to hear the complaint unless the employee agrees to go on record
- Accept the complaint but take no action to protect confidentiality
Correct answer: Explain that complete confidentiality cannot be guaranteed but information will be limited to those who need it
Supervisors cannot promise absolute confidentiality because investigations may require disclosure, but they should limit information sharing to necessary parties.
Question 5: Which of the following is an example of quid pro quo sexual harassment?
- A manager repeatedly comments on an employee's appearance despite requests to stop
- A manager conditions a promotion on an employee agreeing to a date (Correct answer)
- Coworkers share offensive jokes via email that a third employee sees
- A supervisor assigns less desirable shifts to an underperforming employee
Correct answer: A manager conditions a promotion on an employee agreeing to a date
Quid pro quo harassment occurs when employment benefits are conditioned on submission to unwelcome sexual advances or conduct.
Question 6: A whistleblower protection law is designed to protect employees who:
- Report performance problems about coworkers to HR
- Report illegal or unethical activity by their employer to appropriate authorities (Correct answer)
- Blow a safety whistle during emergency drills
- Provide feedback to supervisors during performance reviews
Correct answer: Report illegal or unethical activity by their employer to appropriate authorities
Whistleblower laws protect employees from retaliation when they report their employer's illegal, unsafe, or unethical conduct to regulatory authorities.
Question 7: When disciplining an employee, which documentation practice is MOST important for legal defensibility?
- Recording only the supervisor's personal opinion of the employee
- Documenting specific behaviors, dates, and policy violations with factual language (Correct answer)
- Noting that other employees have complained about the individual
- Using general language to avoid making the employee feel singled out
Correct answer: Documenting specific behaviors, dates, and policy violations with factual language
Effective disciplinary documentation must be specific, factual, and tied to policy violations to withstand legal scrutiny.
Supervisory Test Legal and Ethical Compliance 3
A supervisor is asked by upper management to alter performance review scores to justify a predetermined layoff decision.
The ethical response is to: