CIR Legal & Ethical Issues in Recruiting 2 — Questions and Answers
Question 1: Under the Americans with Disabilities Act (ADA), an employer must provide reasonable accommodation unless it would cause what?
- Undue hardship (Correct answer)
- Minor inconvenience
- Additional paperwork
- Policy revision
Correct answer: Undue hardship
The ADA requires reasonable accommodation for qualified individuals with disabilities unless doing so would impose an undue hardship on the employer.
Question 2: Which federal law prohibits employers from discriminating based on national origin?
- ADEA
- Title VII of the Civil Rights Act (Correct answer)
- WARN Act
- ERISA
Correct answer: Title VII of the Civil Rights Act
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin.
Question 3: A recruiter asks a candidate about their visa sponsorship needs during a phone screen. This is generally considered:
- A legal question to assess work authorization (Correct answer)
- Potentially discriminatory based on national origin
- Required for all international postings
- A best practice for federal contractors
Correct answer: A legal question to assess work authorization
Asking whether a candidate requires visa sponsorship is legally permissible because it pertains to work authorization, not national origin.
Question 4: What is 'disparate impact' in employment law?
- Intentional discrimination against a protected class
- A neutral policy that disproportionately affects a protected group (Correct answer)
- Retaliation against a whistleblower
- Discriminatory language in a job posting
Correct answer: A neutral policy that disproportionately affects a protected group
Disparate impact occurs when a neutral employment practice disproportionately screens out members of a protected class without business justification.
Question 5: The WARN Act requires employers with 100+ employees to provide how many days' advance notice before a mass layoff?
- 30 days
- 45 days
- 60 days (Correct answer)
- 90 days
Correct answer: 60 days
The Worker Adjustment and Retraining Notification (WARN) Act requires 60 days' advance written notice before covered plant closings or mass layoffs.
Question 6: Which practice violates Equal Employment Opportunity (EEO) principles during online recruiting?
- Posting jobs on niche industry boards
- Targeting social media ads to exclude candidates over 40 (Correct answer)
- Using ATS keyword filtering for technical skills
- Requiring a portfolio submission
Correct answer: Targeting social media ads to exclude candidates over 40
Targeting job ads that exclude individuals over 40 violates the Age Discrimination in Employment Act (ADEA) and EEO principles.
Question 7: An internet recruiter sources a passive candidate's email from a data broker and contacts them. Which ethical concern is most significant?
- Using email instead of LinkedIn
- Contacting someone without their implied consent or opt-in (Correct answer)
- Reaching out during business hours
- Not including an unsubscribe link
Correct answer: Contacting someone without their implied consent or opt-in
Contacting individuals whose data was obtained without their knowledge raises serious consent and privacy ethical concerns, even if technically legal.
