CERs Legal Compliance & Labor Regulations 2 — Questions and Answers
Question 1: Under the ADA, at what point during the hiring process may an employer ask disability-related questions or require a medical examination?
- Before extending a conditional job offer
- Only after a conditional job offer has been extended (Correct answer)
- At any point once the candidate passes the first interview
- Never — disability inquiries are always prohibited
Correct answer: Only after a conditional job offer has been extended
The ADA permits medical exams and disability-related questions only after a conditional offer of employment has been made, ensuring the decision is based on qualifications first.
Question 2: Which federal law prohibits pay discrimination between employees of different sexes who perform substantially equal work in the same establishment?
- Title VII of the Civil Rights Act
- The Fair Labor Standards Act
- The Equal Pay Act of 1963 (Correct answer)
- The Lilly Ledbetter Fair Pay Act
Correct answer: The Equal Pay Act of 1963
The Equal Pay Act of 1963 specifically requires equal pay for equal work regardless of sex, covering wage rate differences between men and women doing substantially similar jobs.
Question 3: An employer classifies a worker as an independent contractor to avoid benefits obligations, but the worker follows a set schedule and uses company tools. Under the IRS 'common law' test, this worker is most likely:
- A legitimate independent contractor because they signed a 1099 agreement
- An employee because the employer controls how and when work is performed (Correct answer)
- A leased employee covered by a staffing agency
- A statutory employee exempt from FICA taxes
Correct answer: An employee because the employer controls how and when work is performed
The IRS common law test focuses on behavioral, financial, and type-of-relationship factors; control over how and when work is done is the primary indicator of employee status.
Question 4: The WARN Act requires employers with 100 or more employees to provide how many days advance notice before a qualifying mass layoff?
- 30 days
- 45 days
- 60 days (Correct answer)
- 90 days
Correct answer: 60 days
The Worker Adjustment and Retraining Notification (WARN) Act mandates 60 calendar days' advance notice to affected workers, state agencies, and local governments before a qualifying plant closing or mass layoff.
Question 5: Which I-9 verification list allows an employee to present a single document — such as a U.S. passport — to establish both identity and employment authorization?
- List A (Correct answer)
- List B
- List C
- List D
Correct answer: List A
List A documents, such as a U.S. passport or Permanent Resident Card, establish both identity and employment eligibility with a single document.
Question 6: A recruiter discovers that a client's job posting requires 'recent college graduates only.' Under the Age Discrimination in Employment Act (ADEA), this language is most likely:
- Acceptable because it targets a skill level, not an age group
- Discriminatory because it may exclude workers 40 and older (Correct answer)
- Permissible if the role qualifies as an entry-level position
- Legal only if the employer has fewer than 20 employees
Correct answer: Discriminatory because it may exclude workers 40 and older
Phrases like 'recent graduate' can serve as proxies for age and may disproportionately screen out applicants 40 and older, making them potentially violative of the ADEA.
Question 7: Under Title VII, what is the concept known as 'disparate impact'?
- Intentional discrimination against a protected class
- A neutral employment policy that disproportionately excludes a protected group (Correct answer)
- Harassment based on a protected characteristic
- Retaliation against an employee who files a discrimination complaint
Correct answer: A neutral employment policy that disproportionately excludes a protected group
Disparate impact refers to a facially neutral employment practice that, though not intentionally discriminatory, has a statistically significant adverse effect on a protected class.
CERs Legal Compliance & Labor Regulations 2
Under the ADA, at what point during the hiring process may an employer ask disability-related questions or require a medical examination?