CERs Legal Compliance & Labor Regulations 5 — Questions and Answers
Question 1: Which of the following best describes a 'bona fide occupational qualification' (BFOQ) under Title VII?
- A voluntary affirmative action goal established by an employer
- A narrowly permitted exception allowing hiring based on sex, religion, or national origin when essential to job performance (Correct answer)
- An employer's right to require any credential that improves job performance
- A waiver granted by the EEOC for small employers under 15 employees
Correct answer: A narrowly permitted exception allowing hiring based on sex, religion, or national origin when essential to job performance
A BFOQ allows employers to consider otherwise prohibited characteristics (sex, religion, national origin — not race) only when they are genuinely necessary to perform the essential functions of the job.
Question 2: Under the FLSA, what is the minimum salary threshold (as of the most recent federal rule) that an employee must meet to qualify for the white-collar overtime exemption?
- $455 per week ($23,660/year)
- $684 per week ($35,568/year)
- $844 per week ($43,888/year)
- $1,128 per week ($58,656/year) (Correct answer)
Correct answer: $1,128 per week ($58,656/year)
Effective July 1, 2024, the DOL raised the standard salary threshold to $844/week, then to $1,128/week effective January 1, 2025, for the EAP white-collar exemptions.
Question 3: A recruiter sources candidates from social media and can see protected-class information (photos, age, religion). The ethical best practice is to:
- Use this information to match candidates to culturally aligned employers
- Document all viewed profiles and disclose them to the hiring manager
- Focus only on job-relevant qualifications and avoid using protected characteristics in screening decisions (Correct answer)
- Avoid social media sourcing entirely as it is always legally prohibited
Correct answer: Focus only on job-relevant qualifications and avoid using protected characteristics in screening decisions
Ethical and legally defensible sourcing requires that recruiters evaluate only job-relevant factors and deliberately ignore protected-class information inadvertently viewed online.
Question 4: The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects employees who:
- Work for federal contractors and are covered under Executive Order 11246
- Take leave for military service and seek reemployment upon return (Correct answer)
- Serve on jury duty and miss work as a result
- Exercise whistleblower rights under OSHA Section 11(c)
Correct answer: Take leave for military service and seek reemployment upon return
USERRA guarantees returning service members the right to reemployment in their prior position (or a comparable one) with accrued seniority, pay, and benefits, provided they meet eligibility conditions.
Question 5: Which of the following is NOT a permissible pre-employment inquiry under most state and federal anti-discrimination guidelines?
- Can you perform the essential functions of this job with or without reasonable accommodation?
- Are you legally authorized to work in the United States?
- What is your religion, and will it prevent you from working weekends? (Correct answer)
- Do you have a valid driver's license, given that driving is required for this role?
Correct answer: What is your religion, and will it prevent you from working weekends?
Directly asking about a candidate's religion is prohibited; instead, employers may ask whether the candidate can meet scheduling requirements without referencing religious observance.
Question 6: Under the concept of 'joint employer' liability, a staffing agency and its client company may both be liable if:
- The temp worker earns below the client's internal pay equity threshold
- Either entity controls aspects of the worker's employment and a labor law violation occurs (Correct answer)
- The staffing agency fails to renew the worker's placement contract on time
- The client company does not offer the temp worker full-time employment after 90 days
Correct answer: Either entity controls aspects of the worker's employment and a labor law violation occurs
When two entities share or co-determine essential terms and conditions of employment, both may be held jointly liable for wage-and-hour violations, harassment claims, or other labor law breaches.
Question 7: State salary history ban laws are primarily designed to:
- Prevent candidates from negotiating above the posted pay range
- Break the cycle of pay inequity by stopping prior low wages from anchoring future compensation (Correct answer)
- Require employers to disclose internal pay ranges before interviews
- Standardize compensation across industries within the state
Correct answer: Break the cycle of pay inequity by stopping prior low wages from anchoring future compensation
Salary history bans prevent employers from asking about or using prior pay, which can perpetuate historic wage gaps — particularly for women and minorities — by anchoring new offers to past underpayment.
CERs Legal Compliance & Labor Regulations 5
Which of the following best describes a 'bona fide occupational qualification' (BFOQ) under Title VII?