CPT Regulatory Compliance & Legal Framework 3 — Questions and Answers
Question 1: Title VII of the Civil Rights Act of 1964 is most relevant to performance technologists when they are:
- Setting employee compensation structures
- Designing performance appraisal systems that must not discriminate based on protected characteristics (Correct answer)
- Calculating overtime pay for hourly workers
- Determining employee classification as exempt or non-exempt
Correct answer: Designing performance appraisal systems that must not discriminate based on protected characteristics
Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin, which directly affects how performance appraisal and improvement systems must be designed.
Question 2: The Sarbanes-Oxley Act (SOX) most directly impacts performance technologists working in which organizational context?
- Non-profit organizations seeking grant funding
- Publicly traded companies requiring internal control training and documentation (Correct answer)
- Healthcare organizations managing patient records
- Government agencies administering federal grants
Correct answer: Publicly traded companies requiring internal control training and documentation
SOX mandates internal controls and financial reporting accuracy for publicly traded companies, requiring training and performance systems that support compliance documentation.
Question 3: When evaluating a performance improvement solution, a CPT practitioner finds the proposed intervention includes mandatory overtime without extra compensation. Which law is most likely being violated?
- Equal Pay Act
- Fair Labor Standards Act (FLSA) (Correct answer)
- National Labor Relations Act
- Age Discrimination in Employment Act
Correct answer: Fair Labor Standards Act (FLSA)
The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards, including the requirement to compensate eligible employees for overtime hours.
Question 4: A performance technologist is implementing a new e-learning platform that stores employee training records. Under which regulation must these records be retained for federal contractors?
- FERPA
- FAR (Federal Acquisition Regulation) and OFCCP recordkeeping rules (Correct answer)
- HIPAA Security Rule
- CAN-SPAM Act
Correct answer: FAR (Federal Acquisition Regulation) and OFCCP recordkeeping rules
Federal contractors are subject to FAR and OFCCP regulations that specify recordkeeping requirements, including retention of employment and training records.
Question 5: Which legal concept determines who owns the intellectual property created by a performance technologist while employed by an organization?
- Fair use doctrine
- Work-made-for-hire doctrine (Correct answer)
- Creative Commons licensing
- Public domain principle
Correct answer: Work-made-for-hire doctrine
Under the work-made-for-hire doctrine, copyrightable works created by employees within the scope of employment are owned by the employer, not the individual creator.
Question 6: A performance technologist is asked to design training that helps employees recognize and report potential bribery under the Foreign Corrupt Practices Act (FCPA). The FCPA primarily applies to:
- Domestic companies with fewer than 500 employees
- U.S. companies and their foreign subsidiaries engaging in international business (Correct answer)
- Non-profit organizations receiving foreign donations
- State government agencies with international partnerships
Correct answer: U.S. companies and their foreign subsidiaries engaging in international business
The FCPA prohibits U.S. companies and their foreign affiliates from bribing foreign government officials to obtain or retain business, making compliance training critical for global organizations.
Question 7: Which of the following best describes the legal concept of 'negligent training' as it applies to performance technologists?
- Failing to include enough practice activities in a training program
- Employer liability when inadequate training leads to employee harm or harm to others (Correct answer)
- Ignoring learner feedback during program evaluation
- Using outdated instructional design models
Correct answer: Employer liability when inadequate training leads to employee harm or harm to others
Negligent training is a legal theory holding employers liable when failure to adequately train employees results in foreseeable harm to employees, customers, or third parties.
CPT Regulatory Compliance & Legal Framework 3
Title VII of the Civil Rights Act of 1964 is most relevant to performance technologists when they are: