CRSP Employment Law & Compliance 3 — Questions and Answers
Question 1: Under the Fair Credit Reporting Act (FCRA), before taking adverse action based on a background check, an employer must:
- Notify the state labor department and wait 30 days
- Provide the applicant a pre-adverse action notice, a copy of the report, and a summary of FCRA rights (Correct answer)
- Obtain written consent from the applicant after the hiring decision
- Destroy the background check report immediately
Correct answer: Provide the applicant a pre-adverse action notice, a copy of the report, and a summary of FCRA rights
FCRA requires employers to give applicants a pre-adverse action notice with a copy of the report and FCRA rights summary before finalizing any adverse employment decision based on the report.
Question 2: Which law requires federal contractors and subcontractors to take affirmative action to ensure equal employment opportunity?
- Title VII of the Civil Rights Act
- Executive Order 11246 (Correct answer)
- The Equal Pay Act
- The National Labor Relations Act
Correct answer: Executive Order 11246
Executive Order 11246, enforced by the OFCCP, requires federal contractors with contracts over $10,000 to take affirmative action and not discriminate in employment.
Question 3: What does 'disparate treatment' mean in the context of employment discrimination law?
- A facially neutral policy that has a disproportionate adverse effect on a protected group
- Intentional discrimination where an individual is treated less favorably because of a protected characteristic (Correct answer)
- Providing different training programs to employees of different departments
- Paying different wages for jobs of comparable worth
Correct answer: Intentional discrimination where an individual is treated less favorably because of a protected characteristic
Disparate treatment refers to intentional discrimination where an employer treats an individual less favorably than others because of a protected characteristic such as race, sex, or religion.
Question 4: A company requires all applicants to have a high school diploma. If this requirement disproportionately excludes Black applicants and cannot be shown to be job-related, this is an example of:
- Disparate treatment
- Disparate impact (Correct answer)
- Affirmative action violation
- Tortious interference
Correct answer: Disparate impact
Disparate impact occurs when a facially neutral employment practice disproportionately excludes members of a protected group and cannot be justified as a business necessity.
Question 5: Under the Immigration Reform and Control Act (IRCA), employers must complete Form I-9 for which employees?
- Only non-US citizens and visa holders
- All employees hired after November 6, 1986, regardless of citizenship (Correct answer)
- Only employees in states that have adopted E-Verify
- Only full-time employees working more than 30 hours per week
Correct answer: All employees hired after November 6, 1986, regardless of citizenship
IRCA requires employers to complete Form I-9 to verify employment eligibility for all employees hired after November 6, 1986, including US citizens.
Question 6: An applicant discloses a disability during the interview. The interviewer may NOT lawfully ask:
- Whether the applicant can perform the essential functions of the job with or without accommodation
- What specific accommodation the applicant would need
- The nature and severity of the applicant's disability (Correct answer)
- Whether the applicant can meet the attendance requirements of the position
Correct answer: The nature and severity of the applicant's disability
Under the ADA, employers may not ask about the nature or severity of a disability; they may only inquire whether the applicant can perform essential job functions with or without reasonable accommodation.
Question 7: The Age Discrimination in Employment Act (ADEA) protects workers who are at least:
- 35 years old
- 40 years old (Correct answer)
- 50 years old
- 55 years old
Correct answer: 40 years old
The ADEA protects individuals who are 40 years of age or older from employment discrimination based on age in organizations with 20 or more employees.
CRSP Employment Law & Compliance 3
Under the Fair Credit Reporting Act (FCRA), before taking adverse action based on a background check, an employer must: