CPT Regulatory Compliance & Legal Framework 2 — Questions and Answers
Question 1: Under the Americans with Disabilities Act (ADA), which obligation applies to employers when designing performance improvement training programs?
- Provide training only in English to ensure uniform standards
- Offer reasonable accommodations so employees with disabilities can participate (Correct answer)
- Exempt employees with disabilities from mandatory compliance training
- Limit online training to avoid accommodation disputes
Correct answer: Offer reasonable accommodations so employees with disabilities can participate
The ADA requires employers to provide reasonable accommodations that enable employees with disabilities to access and participate in training programs.
Question 2: Which federal law primarily governs the confidentiality of employee health information obtained during workplace wellness programs?
- FLSA
- OSHA Act
- HIPAA (Correct answer)
- ERISA
Correct answer: HIPAA
HIPAA's Privacy Rule protects individually identifiable health information, including data collected through employer-sponsored wellness programs.
Question 3: A performance technologist is developing a training program that includes copyrighted third-party case studies. Which legal doctrine allows limited use of copyrighted material without permission for educational purposes?
- Public domain
- Fair use (Correct answer)
- Creative Commons
- Work-for-hire
Correct answer: Fair use
Fair use is a legal doctrine that permits limited use of copyrighted material for purposes such as education, commentary, and research without requiring permission.
Question 4: When a performance improvement intervention collects personal data from employees in California, which state regulation must the organization comply with?
- COPPA
- CCPA (Correct answer)
- FERPA
- GLBA
Correct answer: CCPA
The California Consumer Privacy Act (CCPA) grants California residents rights over their personal data and imposes obligations on businesses that collect it.
Question 5: An organization's performance improvement program includes a non-disclosure agreement (NDA) for participants who access proprietary processes. What is the primary legal purpose of the NDA?
- To restrict employees from seeking outside employment
- To protect confidential business information from unauthorized disclosure (Correct answer)
- To waive participants' rights to workplace accommodations
- To assign copyright of participant work products to the employer
Correct answer: To protect confidential business information from unauthorized disclosure
An NDA is a legally binding contract that protects confidential or proprietary information by restricting unauthorized disclosure to third parties.
Question 6: Which OSHA requirement directly affects how performance technologists design safety training programs for general industry workers?
- 29 CFR 1910 hazard communication and safety standards (Correct answer)
- Title VII of the Civil Rights Act
- Sarbanes-Oxley Act Section 404
- Family and Medical Leave Act regulations
Correct answer: 29 CFR 1910 hazard communication and safety standards
29 CFR Part 1910 sets OSHA's general industry standards, including Hazard Communication (HazCom), which mandates specific safety training content and documentation.
Question 7: A CPT practitioner discovers that a client organization's performance data collection violates employees' privacy rights. What is the most appropriate first step?
- Immediately report the violation to federal regulators
- Ignore the issue as it falls outside the performance technologist's scope
- Document the concern and advise the client to consult legal counsel (Correct answer)
- Continue the project and address privacy issues after implementation
Correct answer: Document the concern and advise the client to consult legal counsel
The ethical and professional response is to document the concern and recommend the client seek legal counsel before proceeding, as legal compliance is outside the CPT's legal advisory role.
CPT Regulatory Compliance & Legal Framework 2
Under the Americans with Disabilities Act (ADA), which obligation applies to employers when designing performance improvement training programs?