CRSP Employment Law & Compliance 2 — Questions and Answers
Question 1: Under the Americans with Disabilities Act (ADA), what is an employer required to provide to a qualified individual with a disability?
- Preferential treatment over other candidates
- Reasonable accommodation unless it causes undue hardship (Correct answer)
- A guaranteed job offer regardless of qualifications
- Full medical benefits from day one of employment
Correct answer: Reasonable accommodation unless it causes undue hardship
The ADA requires employers to provide reasonable accommodation to qualified individuals with disabilities unless doing so would impose an undue hardship on the employer.
Question 2: Which federal law prohibits employers with 15 or more employees from discriminating based on pregnancy, childbirth, or related medical conditions?
- Family and Medical Leave Act (FMLA)
- Equal Pay Act
- Pregnancy Discrimination Act (PDA) (Correct answer)
- Title VII alone, without any amendment
Correct answer: Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act of 1978 amended Title VII to explicitly prohibit sex discrimination based on pregnancy, childbirth, or related medical conditions.
Question 3: A recruiter asks a candidate about their plans to have children during a job interview. This question is problematic primarily because it may violate:
- FLSA wage provisions
- ADA reasonable accommodation rules
- The Pregnancy Discrimination Act and Title VII (Correct answer)
- FMLA leave eligibility requirements
Correct answer: The Pregnancy Discrimination Act and Title VII
Questions about family planning can reveal pregnancy status or intent, creating liability under the Pregnancy Discrimination Act and Title VII's prohibition on sex discrimination.
Question 4: What is the primary purpose of the Uniform Guidelines on Employee Selection Procedures (UGESP)?
- To mandate specific hiring quotas for protected groups
- To provide a framework for validating selection procedures to avoid adverse impact (Correct answer)
- To require background checks for all federal contractors
- To establish minimum wage standards for new hires
Correct answer: To provide a framework for validating selection procedures to avoid adverse impact
UGESP provides guidance on how employers should validate selection tools to ensure they are job-related and do not unlawfully discriminate against protected groups.
Question 5: An employer's selection process results in Hispanic applicants being hired at a rate of 60% compared to white applicants. Under the 4/5ths rule, does adverse impact exist?
- Yes, because 60% is below the 80% threshold (Correct answer)
- No, because the rate exceeds 50%
- Yes, because any disparity constitutes adverse impact
- No, because the 4/5ths rule only applies to race discrimination lawsuits
Correct answer: Yes, because 60% is below the 80% threshold
The 4/5ths (80%) rule considers adverse impact to exist when the selection rate for a protected group is less than 80% of the rate for the highest-selected group.
Question 6: Which of the following best describes a 'bona fide occupational qualification' (BFOQ) under Title VII?
- A characteristic that is merely preferred but not essential to job performance
- A protected class characteristic that is reasonably necessary for the normal operation of a business (Correct answer)
- A job requirement that disproportionately screens out a protected group
- A voluntary affirmative action goal set by the employer
Correct answer: A protected class characteristic that is reasonably necessary for the normal operation of a business
A BFOQ is a characteristic (e.g., sex, religion, national origin) that is reasonably necessary for normal business operations, allowing narrow exceptions to anti-discrimination rules; race and color are never BFOQs.
Question 7: Which federal agency is primarily responsible for enforcing Title VII of the Civil Rights Act in private-sector employment?
- Department of Labor (DOL)
- Office of Federal Contract Compliance Programs (OFCCP)
- Equal Employment Opportunity Commission (EEOC) (Correct answer)
- National Labor Relations Board (NLRB)
Correct answer: Equal Employment Opportunity Commission (EEOC)
The EEOC is the primary federal agency responsible for enforcing Title VII and other federal employment discrimination laws in the private sector.
CRSP Employment Law & Compliance 2
Under the Americans with Disabilities Act (ADA), what is an employer required to provide to a qualified individual with a disability?