PeopleAnswers Legal and EEOC Compliance 2 — Questions and Answers
Question 1: Under the ADA, which entity is required to provide reasonable accommodations to employees with disabilities?
- Employers with 10 or more employees
- Employers with 15 or more employees (Correct answer)
- Employers with 25 or more employees
- All employers regardless of size
Correct answer: Employers with 15 or more employees
The Americans with Disabilities Act applies to employers with 15 or more employees.
Question 2: Which of the following is an example of quid pro quo sexual harassment?
- A supervisor makes crude jokes in the break room
- A manager conditions a promotion on an employee accepting a date (Correct answer)
- Co-workers display offensive posters in a shared workspace
- Employees circulate inappropriate emails among themselves
Correct answer: A manager conditions a promotion on an employee accepting a date
Quid pro quo harassment occurs when a job benefit is conditioned on submission to unwelcome sexual conduct.
Question 3: An employee who reports an EEOC complaint is later passed over for a promotion. This could constitute:
- Constructive discharge
- Disparate impact
- Retaliation (Correct answer)
- Negligent retention
Correct answer: Retaliation
Taking adverse action against an employee for filing an EEOC complaint is considered unlawful retaliation.
Question 4: The Age Discrimination in Employment Act (ADEA) protects workers who are at least:
- 40 years old (Correct answer)
- 50 years old
- 55 years old
- 60 years old
Correct answer: 40 years old
The ADEA protects individuals who are 40 years of age or older from age-based discrimination.
Question 5: Which federal law prohibits employment discrimination based on pregnancy, childbirth, or related medical conditions?
- FMLA
- Title VII as amended by the Pregnancy Discrimination Act (Correct answer)
- ADA
- GINA
Correct answer: Title VII as amended by the Pregnancy Discrimination Act
The Pregnancy Discrimination Act of 1978 amended Title VII to explicitly prohibit pregnancy-based discrimination.
Question 6: An employer's neutral policy of requiring a high school diploma results in a higher rejection rate for a protected class. This is an example of:
- Disparate treatment
- Disparate impact (Correct answer)
- Hostile work environment
- Constructive discharge
Correct answer: Disparate impact
Disparate impact occurs when a facially neutral policy disproportionately excludes members of a protected class.
Question 7: Under GINA, employers are generally prohibited from using which type of information in employment decisions?
- Credit history
- Criminal background
- Genetic information (Correct answer)
- Immigration status
Correct answer: Genetic information
The Genetic Information Nondiscrimination Act prohibits employers from using genetic information in hiring, firing, or pay decisions.
PeopleAnswers Legal and EEOC Compliance 2
Under the ADA, which entity is required to provide reasonable accommodations to employees with disabilities?