CESP Professional Ethics & Legal Considerations 5 — Questions and Answers
Question 1: Which legal standard determines whether a workplace accommodation is 'reasonable' under the ADA?
- The accommodation costs less than $1,000
- The accommodation does not cause undue hardship to the employer (Correct answer)
- The accommodation is requested in writing
- The accommodation is approved by the state VR agency
Correct answer: The accommodation does not cause undue hardship to the employer
An accommodation is reasonable under the ADA as long as it does not impose an undue hardship—a significant difficulty or expense—on the employer.
Question 2: A job seeker discloses a plan to harm a coworker at their new job. Under the 'duty to warn' legal principle, the CESP must:
- Keep the information confidential as required by ethics codes
- Warn the intended victim and notify appropriate authorities (Correct answer)
- Consult with the agency director before taking any action
- Document the statement but take no further action
Correct answer: Warn the intended victim and notify appropriate authorities
The duty to warn requires professionals to take protective action, including warning the intended victim, when a credible threat of harm to an identifiable person is disclosed.
Question 3: Which ethical principle is most directly violated when a CESP bills for services that were never provided?
- Fidelity (Correct answer)
- Justice
- Nonmaleficence
- Autonomy
Correct answer: Fidelity
Fidelity involves honesty and keeping professional commitments; billing fraud is a direct violation of the professional's duty to be trustworthy and honest.
Question 4: Under the Genetic Information Nondiscrimination Act (GINA), employers are prohibited from using genetic information to make decisions about:
- Health insurance premiums only
- Hiring, firing, pay, or any other terms of employment (Correct answer)
- Workplace safety accommodations
- Workers' compensation claims
Correct answer: Hiring, firing, pay, or any other terms of employment
GINA prohibits employers from using genetic information in hiring, firing, pay, job assignments, and any other terms or conditions of employment.
Question 5: When a CESP provides employment support to a minor, who must typically provide informed consent for services?
- The minor alone, if they appear to understand
- The employer where the minor will work
- A parent or legal guardian (Correct answer)
- The school counselor acting as advocate
Correct answer: A parent or legal guardian
Minors generally lack legal capacity to provide informed consent; a parent or legal guardian must consent on their behalf for most employment support services.
Question 6: A CESP notices that their agency's intake forms contain questions that could screen out applicants with disabilities before services begin. The ethical response is to:
- Continue using the forms since they were approved by administration
- Advise clients to skip those questions
- Advocate internally for revision of the forms to comply with nondiscrimination requirements (Correct answer)
- Report the agency to a federal oversight body immediately
Correct answer: Advocate internally for revision of the forms to comply with nondiscrimination requirements
CESPs have an ethical obligation to advocate for systemic changes within their organizations when policies conflict with nondiscrimination and equity principles.
Question 7: Which scenario best illustrates a violation of the ethical principle of justice in employment support?
- A specialist provides more job leads to clients who remind them of their own background (Correct answer)
- A specialist spends extra time with a client who has complex support needs
- A specialist advocates for a client who was denied services
- A specialist attends a training on disability rights
Correct answer: A specialist provides more job leads to clients who remind them of their own background
Justice requires fair and equitable treatment of all individuals; showing favoritism based on personal affinity violates this principle.
CESP Professional Ethics & Legal Considerations 5
Which legal standard determines whether a workplace accommodation is 'reasonable' under the ADA?