PeopleAnswers Legal and EEOC Compliance 3 — Questions and Answers
Question 1: Which agency is primarily responsible for enforcing federal workplace anti-discrimination laws?
- Department of Labor
- OSHA
- EEOC (Correct answer)
- NLRB
Correct answer: EEOC
The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination.
Question 2: A 'bona fide occupational qualification' (BFOQ) allows an employer to:
- Pay different wages based on gender for the same work
- Discriminate based on religion, sex, or national origin when essential to the job (Correct answer)
- Refuse accommodations to employees with disabilities
- Test employees for genetic conditions related to job performance
Correct answer: Discriminate based on religion, sex, or national origin when essential to the job
A BFOQ is a narrow legal exception allowing discrimination when a characteristic is essential to performing the job.
Question 3: Under the Equal Pay Act, which of the following is a permissible reason for pay differences between male and female employees in the same role?
- Marital status
- Number of dependents
- Seniority system (Correct answer)
- Gender identity
Correct answer: Seniority system
The Equal Pay Act allows pay differences based on seniority, merit, quantity/quality of production, or a factor other than sex.
Question 4: Which of the following best describes 'constructive discharge'?
- An employer formally terminates an employee without cause
- Working conditions become so intolerable that a reasonable person would feel forced to resign (Correct answer)
- An employee is laid off due to business downsizing
- A supervisor directly orders an employee to leave
Correct answer: Working conditions become so intolerable that a reasonable person would feel forced to resign
Constructive discharge occurs when an employer makes conditions so unbearable that resignation is the only reasonable option.
Question 5: Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on all of the following EXCEPT:
- Race
- Color
- Sexual orientation (Correct answer)
- National origin
Correct answer: Sexual orientation
The original Title VII does not explicitly list sexual orientation, though subsequent court rulings and the Bostock decision have extended protections.
Question 6: An employer requires all job applicants to pass a physical fitness test. The test screens out significantly more women than men. Under EEOC guidelines, the employer should:
- Continue using the test since physical standards are always job-related
- Demonstrate the test is job-related and consistent with business necessity (Correct answer)
- Eliminate the test immediately regardless of the job requirements
- Apply the test only to male applicants to avoid the disparity
Correct answer: Demonstrate the test is job-related and consistent with business necessity
When a selection procedure has adverse impact, the employer must demonstrate it is job-related and necessary for the business.
Question 7: How long does an employee generally have to file an EEOC charge in states with a Fair Employment Practices Agency (FEPA)?
- 90 days
- 180 days
- 300 days (Correct answer)
- 365 days
Correct answer: 300 days
In states with a FEPA, the filing deadline is extended to 300 days from the discriminatory act.
PeopleAnswers Legal and EEOC Compliance 3
Which agency is primarily responsible for enforcing federal workplace anti-discrimination laws?