CODESP - Cooperative Organization for the Development of Employee Selection Procedures Legal and Ethical Compliance Questions and Answers

Question 1

A hiring manager for a public agency tells the HR analyst, "Let's screen out candidates with over 25 years of experience. We need someone with high energy and fresh ideas." This instruction raises a primary legal concern under which of the following?

Accepted Answer

The Age Discrimination in Employment Act (ADEA)

Answer

The Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals aged 40 and older. The manager's statement directly links extensive experience (often a proxy for age) to negative stereotypes and expresses a preference for younger workers, which is a potential violation of the ADEA.

Question 2

According to the record-keeping requirements of the Uniform Guidelines on Employee Selection Procedures (UGESP), which data is essential for an employer to maintain to determine if a selection procedure has an adverse impact?

Accepted Answer

The number of applicants and the number of individuals selected, recorded by sex, and for specified racial and ethnic groups.

Answer

UGESP Section 4 requires the calculation of selection rates for different groups to apply the four-fifths rule. To do this, an employer must track the number of people who apply and the number who are selected (hired, promoted, etc.) broken down by the required demographic categories (race, sex, and ethnic group).

Question 3

An applicant for a clerical position discloses that they have a learning disability and requests extended time on a timed, computer-based skills assessment. Under the Americans with Disabilities Act (ADA), what is the employer's most appropriate initial action?

Accepted Answer

Engage in an interactive process with the applicant to determine if the accommodation is reasonable and effective.

Answer

The ADA requires employers to engage in a good-faith "interactive process" to determine what, if any, reasonable accommodation is needed for the applicant to have an equal opportunity in the application process. This involves a discussion with the applicant about their needs and the available options. The employer is not required to provide the preferred accommodation, only one that is effective.

Question 4

During a post-offer, pre-employment medical screening for a physically demanding job, which of the following questions is a violation of the Genetic Information Nondiscrimination Act (GINA)?

Accepted Answer

"Does heart disease run in your family?"

Answer

The Genetic Information Nondiscrimination Act (GINA) prohibits employers from requesting, requiring, or purchasing genetic information, which explicitly includes family medical history. Asking about diseases that run in the applicant's family is a direct request for this protected information. The other questions are permissible at the post-offer stage, subject to ADA regulations.

Question 5

A personnel analyst is part of a panel interviewing candidates for a promotion. One of the candidates is the analyst's current direct subordinate. Which ethical principle is most directly compromised by the analyst's participation on this panel?

Accepted Answer

Conflict of interest

Answer

A conflict of interest occurs when a person's private interests, such as a relationship with a subordinate, could improperly influence their official duties. Evaluating one's own subordinate for a promotion creates a direct conflict, as the analyst's judgment could be biased (either positively or negatively) and compromises their ability to remain impartial.

CODESP - Cooperative Organization for the Development of Employee Selection Procedures Practice Test

CODESP - Cooperative Organization for the Development of Employee Selection Procedures Practice Test

CODESP - Cooperative Organization for the Development of Employee Selection Procedures Legal and Ethical Compliance Questions and Answers