HRCI Risk Management and Compliance 2 — Questions and Answers
Question 1: What is 'disparate impact' discrimination?
- A facially neutral policy or practice that disproportionately excludes members of a protected class without business justification (Correct answer)
- Deliberate targeting of a protected group for adverse employment actions
- Differences in disciplinary rates between departments
- Pay gaps between exempt and non-exempt employees
Correct answer: A facially neutral policy or practice that disproportionately excludes members of a protected class without business justification
Disparate impact (also called adverse impact) occurs when a neutral employment practice results in significantly lower selection rates for a protected group, and the employer cannot justify it as a business necessity.
Question 2: What is OSHA's 'recordkeeping rule' (29 CFR Part 1904) primarily concerned with?
- Requiring covered employers to record and report work-related injuries and illnesses on OSHA 300 logs (Correct answer)
- Maintaining personnel files for all employees
- Recording all workplace safety training completions
- Documenting hazardous chemical inventories
Correct answer: Requiring covered employers to record and report work-related injuries and illnesses on OSHA 300 logs
OSHA's Part 1904 recordkeeping rule requires most employers with 10+ employees to maintain OSHA 300 logs of work-related injuries and illnesses and post the 300A summary annually.
Question 3: What is 'affirmative action' in the context of federal contractor obligations?
- Proactive efforts by federal contractors to increase representation of protected groups in their workforce (Correct answer)
- A requirement to hire a specific percentage of minority candidates
- A voluntary diversity program with no legal consequences
- A court-ordered remedy available only after discrimination is proven
Correct answer: Proactive efforts by federal contractors to increase representation of protected groups in their workforce
Affirmative action requires covered federal contractors to analyze workforce composition, identify underutilization of women and minorities, and take specific actions to address gaps.
Question 4: What is the ADEA's minimum age protection threshold?
- 40 years of age and older (Correct answer)
- 50 years of age and older
- 35 years of age and older
- Any employee regardless of age
Correct answer: 40 years of age and older
The Age Discrimination in Employment Act (ADEA) protects workers 40 years of age or older from age-based discrimination in hiring, promotion, discharge, compensation, and other employment terms.
Question 5: What must an employer do before enforcing a mandatory arbitration agreement under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (2022)?
- Allow the employee to choose between arbitration and court for sexual assault or harassment claims (Correct answer)
- Obtain EEOC pre-approval for the arbitration clause
- Include the clause only in executive employment contracts
- Submit the agreement to the NLRB for review
Correct answer: Allow the employee to choose between arbitration and court for sexual assault or harassment claims
The 2022 federal law invalidates pre-dispute mandatory arbitration clauses as applied to sexual assault and sexual harassment claims, giving individuals the right to pursue these claims in court.
Question 6: What is 'workers' compensation' designed to provide?
- No-fault insurance providing medical benefits and wage replacement to employees injured on the job (Correct answer)
- Unemployment benefits for laid-off workers
- Disability insurance for non-work-related illnesses
- Life insurance for employees killed outside of work
Correct answer: No-fault insurance providing medical benefits and wage replacement to employees injured on the job
Workers' compensation is a state-mandated, no-fault insurance system that provides medical treatment, disability payments, and rehabilitation to employees who suffer work-related injuries or illnesses.
HRCI Risk Management and Compliance 2
What is 'disparate impact' discrimination?