CIR Legal & Ethical Issues in Recruiting 3 — Questions and Answers
Question 1: Under GDPR, a recruiter storing EU candidate resumes must ensure data is kept for no longer than necessary. This principle is called:
- Data minimization
- Storage limitation (Correct answer)
- Purpose limitation
- Integrity and confidentiality
Correct answer: Storage limitation
The storage limitation principle under GDPR requires that personal data be kept in a form that permits identification no longer than necessary for the stated purpose.
Question 2: A hiring manager instructs a recruiter to find 'young, energetic candidates.' The recruiter should:
- Comply since the client sets requirements
- Advise the manager this could violate the ADEA and reframe the requirement (Correct answer)
- Source only candidates under 35
- Document the instruction and proceed
Correct answer: Advise the manager this could violate the ADEA and reframe the requirement
Recruiters have an ethical and legal obligation to advise clients against age-discriminatory language and reframe requests around legitimate job-related criteria.
Question 3: Which element is NOT required on an EEO-compliant job posting?
- EOE statement
- Salary range (in states that require it)
- Candidate's expected GPA (Correct answer)
- Essential functions of the role
Correct answer: Candidate's expected GPA
GPA requirements are not mandated on job postings and can raise disparate impact concerns; salary ranges and EOE statements are increasingly required by law.
Question 4: A recruiter discovers a candidate fabricated their degree on their resume after an offer is extended. The best course of action is:
- Ignore it since the offer is already made
- Withdraw the offer and document the misrepresentation (Correct answer)
- Notify only if it affects the specific role
- Ask the candidate to correct the resume going forward
Correct answer: Withdraw the offer and document the misrepresentation
Resume fraud is grounds for offer rescission; failing to act exposes the employer to negligent hiring liability.
Question 5: The Genetic Information Nondiscrimination Act (GINA) prohibits employers from using which type of information in hiring decisions?
- Credit history
- Criminal background
- Genetic information and family medical history (Correct answer)
- Immigration status
Correct answer: Genetic information and family medical history
GINA prohibits employers from requesting, requiring, or using genetic information—including family medical history—in employment decisions.
Question 6: When a staffing agency places a worker at a client site, who is typically responsible for I-9 employment verification?
- The client company
- The staffing agency (Correct answer)
- The worker themselves
- The Department of Labor
Correct answer: The staffing agency
The staffing agency, as the employer of record, is responsible for completing I-9 verification for workers it places at client sites.
Question 7: A recruiter receives a subpoena requesting candidate files as part of a discrimination lawsuit. The recruiter should first:
- Immediately destroy duplicates to reduce exposure
- Consult legal counsel before producing or destroying any records (Correct answer)
- Send the files directly to the requesting party
- Notify the candidate and ask their permission
Correct answer: Consult legal counsel before producing or destroying any records
Upon receiving a subpoena, the immediate step is to consult legal counsel to understand obligations and avoid potential obstruction of justice.
CIR Legal & Ethical Issues in Recruiting 3
Under GDPR, a recruiter storing EU candidate resumes must ensure data is kept for no longer than necessary.
This principle is called: