Legal and Ethical Compliance Flashcards

Under the Uniform Guidelines on Employee Selection Procedures (UGESP), which statistical method is primarily used to demonstrate adverse impact?

Answer: Four-fifths (80%) rule

The four-fifths (80%) rule compares selection rates between groups; a rate below 80% of the highest group's rate indicates adverse impact.

Which legal doctrine holds employers responsible for the discriminatory actions of their supervisors even when upper management was unaware?

Answer: Respondeat superior

Respondeat superior ('let the master answer') makes employers vicariously liable for supervisory misconduct within the scope of employment.

A CODESP member agency discovers its written test has a significant adverse impact on a protected class. What is the FIRST recommended corrective step?

Answer: Conduct a job-relatedness validity study

Before abandoning or modifying a selection tool, agencies should first determine whether the test is job-related through a validity study.

Which type of validity evidence is established by showing that scores on a selection test correlate with measures of actual job performance?

Answer: Criterion-related validity

Criterion-related validity links test scores (the predictor) to job performance criteria, demonstrating the test predicts success on the job.

Under the Americans with Disabilities Act (ADA), when must an employer provide a reasonable accommodation during the selection process?

Answer: When a qualified applicant requests it, unless it causes undue hardship

Employers must accommodate qualified applicants during testing and interviews upon request, unless doing so creates undue hardship.

Which federal law prohibits employment discrimination based on genetic information, including an applicant's family medical history?

Answer: GINA

The Genetic Information Nondiscrimination Act (GINA) of 2008 bars employers from using genetic information in hiring, promotion, or other employment decisions.

A public agency uses a rank-ordered eligible list and skips over a veteran to appoint a lower-ranked non-veteran. Under most state veterans' preference laws, this action is:

Answer: A violation of veterans' preference rights unless an exception applies

Veterans' preference statutes generally require agencies to document and justify passing over a veteran for a lower-ranked non-veteran.

Which EEOC-enforced law specifically prohibits pay discrimination based on sex for employees performing substantially equal work?

Answer: Equal Pay Act of 1963

The Equal Pay Act of 1963 requires equal pay for equal work regardless of sex and applies to jobs requiring substantially equal skill, effort, and responsibility.

In the context of CODESP examinations, 'banding' refers to:

Answer: Treating scores within a statistically determined range as equivalent for selection purposes

Banding groups candidates whose score differences fall within the standard error of measurement, treating them as statistically indistinguishable.

Which Supreme Court case established the legal framework for analyzing disparate treatment discrimination using a three-step burden-shifting approach?

Answer: McDonnell Douglas Corp. v. Green

McDonnell Douglas Corp. v. Green (1973) created the prima facie case / legitimate reason / pretext burden-shifting framework for disparate treatment claims.

An agency modifies an oral board interview to allow a hearing-impaired candidate to use a sign language interpreter. This is an example of:

Answer: A reasonable accommodation under the ADA

Providing interpreter services during an oral examination is a reasonable accommodation that allows a qualified individual to demonstrate their knowledge and skills.

Under UGESP, which validation strategy is most appropriate when a test measures a psychological construct like 'supervisory judgment' that is important for the job?

Answer: Construct validity

Construct validity demonstrates that a test measures a defined psychological trait (construct) that is shown to be important for job performance.

A firefighter applicant is rejected after failing a physical ability test. To defend the test legally, the agency must show the test:

Answer: Is job-related and consistent with business necessity

Under Title VII and UGESP, selection procedures that cause adverse impact must be shown to be job-related and consistent with business necessity.

Which ethical principle requires CODESP practitioners to keep exam content, answer keys, and scoring rubrics confidential from applicants before testing?

Answer: Test security

Test security protects the validity of examinations by preventing advance exposure to items, which would compromise the fairness and meaningfulness of scores.

The Lilly Ledbetter Fair Pay Act of 2009 changed which aspect of pay discrimination claims?

Answer: It reset the statute of limitations with each discriminatory paycheck

The Lilly Ledbetter Act overturned a Supreme Court ruling by restarting the 180-day filing clock with each discriminatory paycheck, not just the initial pay-setting decision.

When a CODESP agency conducts a structured oral interview, which practice BEST supports legal defensibility?

Answer: Having each panel member score candidates independently using standardized rubrics

Independent scoring with standardized rubrics reduces inter-rater variability and bias, strengthening the legal defensibility of oral examination results.

Which of the following pre-employment inquiries is PROHIBITED under most state fair employment laws and EEOC guidance?

Answer: What is your maiden name?

Asking for a maiden name can reveal national origin or marital status, making it a potentially discriminatory pre-employment inquiry.

An applicant passes all examination components but is removed from the eligible list for making false statements on the application. This action is legally justified under:

Answer: Disqualification for lack of moral character or dishonesty in the application process

Falsification of application materials is a legitimate, non-discriminatory basis for disqualification because honesty and integrity are core qualifications for public employment.

Under the Age Discrimination in Employment Act (ADEA), which group is protected from employment discrimination?

Answer: Workers age 40 and older

The ADEA protects workers age 40 and older from discrimination in hiring, firing, pay, and other terms of employment.

A selection procedure that appears neutral on its face but disproportionately excludes members of a protected class is evidence of:

Answer: Disparate impact

Disparate impact (also called adverse impact) occurs when a neutral policy or test disproportionately disadvantages a protected group without business justification.