CODESP Legal and Ethical Compliance 4 — Questions and Answers
Question 1: The Lilly Ledbetter Fair Pay Act of 2009 changed which aspect of pay discrimination claims?
- It increased penalties for pay discrimination
- It reset the statute of limitations with each discriminatory paycheck (Correct answer)
- It extended protection to independent contractors
- It created a new private right of action under the Equal Pay Act
Correct 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.
Question 2: When a CODESP agency conducts a structured oral interview, which practice BEST supports legal defensibility?
- Allowing raters to ask follow-up questions freely
- Having each panel member score candidates independently using standardized rubrics (Correct answer)
- Discussing candidate scores among raters before finalizing scores
- Reserving questions about personal background for rapport-building
Correct 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.
Question 3: Which of the following pre-employment inquiries is PROHIBITED under most state fair employment laws and EEOC guidance?
- Do you have the legal right to work in the United States?
- Can you perform the essential functions of this job with or without accommodation?
- Have you ever been convicted of a felony directly related to this position?
- What is your maiden name? (Correct answer)
Correct 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.
Question 4: 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:
- The doctrine of at-will employment
- Disqualification for lack of moral character or dishonesty in the application process (Correct answer)
- Adverse impact principles
- The merit principle requiring rank-order selection
Correct 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.
Question 5: Under the Age Discrimination in Employment Act (ADEA), which group is protected from employment discrimination?
- Workers under age 21
- Workers age 40 and older (Correct answer)
- Workers between ages 18 and 65
- All workers regardless of age
Correct 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.
Question 6: A selection procedure that appears neutral on its face but disproportionately excludes members of a protected class is evidence of:
- Disparate treatment
- Disparate impact (Correct answer)
- Quid pro quo harassment
- Constructive discharge
Correct answer: Disparate impact
Disparate impact (also called adverse impact) occurs when a neutral policy or test disproportionately disadvantages a protected group without business justification.
Question 7: Which document must a public agency typically maintain to demonstrate compliance with merit system principles during a challenged selection process?
- Strategic workforce plan
- Job analysis documentation (Correct answer)
- Collective bargaining agreement
- Organization chart
Correct answer: Job analysis documentation
Job analysis documentation shows that selection criteria were derived from actual job duties and requirements, forming the legal foundation for any selection procedure.
CODESP Legal and Ethical Compliance 4
The Lilly Ledbetter Fair Pay Act of 2009 changed which aspect of pay discrimination claims?