Job Descriptions Job Description Compliance and Legal Requirements 1 — Questions and Answers
Question 1: Which US federal law prohibits discriminatory language in job descriptions based on race, color, religion, sex, or national origin?
- FLSA
- Title VII of the Civil Rights Act (Correct answer)
- ERISA
- COBRA
Correct answer: Title VII of the Civil Rights Act
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on protected characteristics, including in job postings.
Question 2: Under the ADA, what must an employer identify in a job description to support accommodation decisions?
- Preferred personality traits
- Essential functions of the job (Correct answer)
- Candidate's previous salary history
- The company's EEO vendor
Correct answer: Essential functions of the job
Identifying essential functions in writing helps employers justify accommodation decisions and defend against ADA-related legal claims.
Question 3: What is the ADEA, and how does it affect job description language?
- Age Discrimination in Employment Act — prohibits language that discourages applicants over 40 (Correct answer)
- Annual Department Employment Agreement — governs job description approval cycles
- Americans with Disabilities Employment Act — requires physical requirements disclosure
- Applicant Data Exchange Act — regulates background check disclosures
Correct answer: Age Discrimination in Employment Act — prohibits language that discourages applicants over 40
The ADEA prohibits discrimination against workers 40 and older, meaning job descriptions should avoid terms like 'recent graduate' or 'young and energetic.'
Question 4: Which statement about salary history bans in US job descriptions is most accurate?
- There is a uniform federal ban on requesting salary history
- Many states and cities have enacted salary history bans, so employers must check local law before including it (Correct answer)
- Salary history must always be disclosed in job descriptions
- Salary history bans only apply to government employers
Correct answer: Many states and cities have enacted salary history bans, so employers must check local law before including it
Salary history bans vary by jurisdiction; states like California, New York, and Illinois have passed such laws, requiring employers to know local requirements.
Question 5: What is the potential legal risk of using the term 'English-only required' in a job description?
- It violates the FLSA wage transparency rules
- It may constitute national origin discrimination under Title VII unless justified by a genuine business necessity (Correct answer)
- It disqualifies international candidates under NAFTA provisions
- It triggers an OSHA language disclosure audit
Correct answer: It may constitute national origin discrimination under Title VII unless justified by a genuine business necessity
Language requirements that are not genuinely necessary for job performance can be viewed as pretexts for national origin discrimination.
Question 6: Under EEOC guidelines, which of the following job description practices could lead to adverse impact liability?
- Listing the job title prominently
- Requiring a credential or physical standard that disproportionately screens out a protected group without job-related justification (Correct answer)
- Including a company benefits overview
- Specifying a preferred application deadline
Correct answer: Requiring a credential or physical standard that disproportionately screens out a protected group without job-related justification
Requirements that disproportionately exclude protected groups without a proven business necessity can constitute adverse impact discrimination.
Job Descriptions Job Description Compliance and Legal Requirements 1
Which US federal law prohibits discriminatory language in job descriptions based on race, color, religion, sex, or national origin?