CODESP Legal and Ethical Compliance 3 — Questions and Answers
Question 1: Which EEOC-enforced law specifically prohibits pay discrimination based on sex for employees performing substantially equal work?
- Title VII of the Civil Rights Act
- Equal Pay Act of 1963 (Correct answer)
- Lilly Ledbetter Fair Pay Act
- Executive Order 11246
Correct 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.
Question 2: In the context of CODESP examinations, 'banding' refers to:
- Grouping candidates by geographic region
- Treating scores within a statistically determined range as equivalent for selection purposes (Correct answer)
- Separating written and oral exam scores
- Ranking candidates by seniority within score groups
Correct 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.
Question 3: Which Supreme Court case established the legal framework for analyzing disparate treatment discrimination using a three-step burden-shifting approach?
- Griggs v. Duke Power Co.
- McDonnell Douglas Corp. v. Green (Correct answer)
- Ricci v. DeStefano
- Washington v. Davis
Correct 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.
Question 4: An agency modifies an oral board interview to allow a hearing-impaired candidate to use a sign language interpreter. This is an example of:
- Lowering selection standards
- A reasonable accommodation under the ADA (Correct answer)
- Disparate treatment
- An affirmative action preference
Correct 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.
Question 5: Under UGESP, which validation strategy is most appropriate when a test measures a psychological construct like 'supervisory judgment' that is important for the job?
- Content validity
- Construct validity (Correct answer)
- Concurrent validity
- Predictive validity
Correct answer: Construct validity
Construct validity demonstrates that a test measures a defined psychological trait (construct) that is shown to be important for job performance.
Question 6: A firefighter applicant is rejected after failing a physical ability test. To defend the test legally, the agency must show the test:
- Was also failed by a similar percentage of all demographic groups
- Is job-related and consistent with business necessity (Correct answer)
- Was developed more than five years ago
- Measures cardiovascular fitness only
Correct 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.
Question 7: Which ethical principle requires CODESP practitioners to keep exam content, answer keys, and scoring rubrics confidential from applicants before testing?
- Test security (Correct answer)
- Informed consent
- Right to appeal
- Transparency
Correct 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.
CODESP Legal and Ethical Compliance 3
Which EEOC-enforced law specifically prohibits pay discrimination based on sex for employees performing substantially equal work?