CRSP Legal Compliance & Ethical Hiring 2 — Questions and Answers
Question 1: Under the Americans with Disabilities Act (ADA), an employer must provide reasonable accommodation unless it causes:
- Minor inconvenience
- Undue hardship (Correct answer)
- Any additional cost
- A change in job duties
Correct answer: Undue hardship
The ADA requires reasonable accommodation unless doing so would create an undue hardship, meaning significant difficulty or expense relative to the employer's resources.
Question 2: Which federal law prohibits employment discrimination based on pregnancy, childbirth, or related medical conditions?
- Family and Medical Leave Act
- Equal Pay Act
- Pregnancy Discrimination Act (Correct answer)
- Title VII of the Civil Rights Act
Correct answer: Pregnancy Discrimination Act
The Pregnancy Discrimination Act of 1978 amended Title VII to explicitly prohibit discrimination based on pregnancy, childbirth, or related medical conditions.
Question 3: A recruiter asks a candidate 'Do you have any disabilities that would prevent you from doing this job?' This question is:
- Acceptable if job-related
- Prohibited under the ADA before a conditional offer (Correct answer)
- Required for EEOC reporting
- Permissible with candidate consent
Correct answer: Prohibited under the ADA before a conditional offer
Under the ADA, employers cannot ask disability-related questions before making a conditional job offer; they may only ask after an offer is extended.
Question 4: The concept of 'ban the box' in hiring refers to removing which item from job applications?
- Salary history questions
- Criminal history checkboxes (Correct answer)
- Reference contact fields
- Educational credential fields
Correct answer: Criminal history checkboxes
Ban-the-box laws require employers to remove criminal history checkboxes from initial job applications to prevent early screening-out of applicants with records.
Question 5: Under GDPR, which principle requires that personal data collected during recruitment be limited to what is necessary?
- Data accuracy
- Storage limitation
- Data minimization (Correct answer)
- Purpose limitation
Correct answer: Data minimization
The data minimization principle under GDPR requires that only personal data adequate and relevant to the specific recruitment purpose be collected.
Question 6: Which of the following is an example of quid pro quo harassment in a recruiting context?
- A hostile work environment comment during an interview
- An interviewer implying a job offer depends on accepting a date (Correct answer)
- Asking a candidate inappropriate personal questions
- Showing favoritism toward internal referrals
Correct answer: An interviewer implying a job offer depends on accepting a date
Quid pro quo harassment occurs when employment decisions are conditioned on acceptance of sexual favors or submitting to harassment.
Question 7: When conducting background checks, the Fair Credit Reporting Act (FCRA) requires employers to provide candidates with:
- A copy of the full background report after hiring
- A pre-adverse action notice before taking negative action (Correct answer)
- Verbal notification of findings within 48 hours
- Only the final decision in writing
Correct answer: A pre-adverse action notice before taking negative action
FCRA requires employers to provide a pre-adverse action notice and a copy of the report before taking any adverse action based on background check results.
Under the Americans with Disabilities Act (ADA), an employer must provide reasonable accommodation unless it causes: