PeopleAnswers Legal and EEOC Compliance 5 — Questions and Answers
Question 1: Which of the following is the best example of a reasonable accommodation under the ADA?
- Eliminating an essential job function for a disabled employee
- Allowing a visually impaired employee to use screen-reader software (Correct answer)
- Promoting a disabled employee ahead of more qualified candidates
- Excusing a disabled employee from all performance standards
Correct answer: Allowing a visually impaired employee to use screen-reader software
Providing assistive technology like screen readers is a classic example of a reasonable accommodation that enables job performance.
Question 2: An employer receives an EEOC charge. The first step the EEOC typically takes is to:
- File a lawsuit against the employer in federal court
- Notify the employer and request a position statement (Correct answer)
- Conduct an unannounced on-site investigation
- Issue a right-to-sue letter to the complainant
Correct answer: Notify the employer and request a position statement
After a charge is filed, the EEOC notifies the employer and typically requests a written position statement explaining the employer's perspective.
Question 3: Which type of employment test is MOST likely to face EEOC scrutiny for adverse impact?
- A structured behavioral interview with job-related questions
- A cognitive ability test with no demonstrated link to job duties (Correct answer)
- A work sample test simulating actual job tasks
- A job knowledge test based on the specific role's requirements
Correct answer: A cognitive ability test with no demonstrated link to job duties
Cognitive ability tests often show adverse impact and must be validated as predictive of job performance to survive EEOC review.
Question 4: Under VEVRAA (Vietnam Era Veterans' Readjustment Assistance Act), which employers are required to take affirmative action for protected veterans?
- All private employers with 50 or more employees
- Federal contractors and subcontractors with contracts of $150,000 or more (Correct answer)
- State and local government employers only
- Any employer receiving federal grants or tax credits
Correct answer: Federal contractors and subcontractors with contracts of $150,000 or more
VEVRAA covers federal contractors and subcontractors with contracts of $150,000 or more, requiring affirmative action for protected veterans.
Question 5: During an employment interview, which of the following questions is LEGALLY permissible to ask?
- Do you have any children, and who cares for them?
- Are you a U.S. citizen or do you have the right to work in the U.S.? (Correct answer)
- Have you ever been treated for mental illness?
- What country were your parents born in?
Correct answer: Are you a U.S. citizen or do you have the right to work in the U.S.?
Asking whether a candidate is authorized to work in the U.S. is permissible and required under IRCA; the other questions target protected characteristics.
Question 6: When an employer settles an EEOC charge through conciliation, this means:
- The employer has admitted liability in federal court
- A voluntary resolution agreement is reached between the employer and the charging party with EEOC involvement (Correct answer)
- The case is dismissed for lack of evidence
- The employee waives all future claims against the employer forever
Correct answer: A voluntary resolution agreement is reached between the employer and the charging party with EEOC involvement
Conciliation is a voluntary, informal dispute resolution process where the EEOC helps parties reach a mutually acceptable remedy.
Question 7: Which of the following best describes 'mixed-motive' discrimination under Title VII?
- Discrimination that affects employees in multiple states simultaneously
- A decision based on both legitimate and discriminatory factors (Correct answer)
- Harassment carried out by both supervisors and co-workers
- An employer who discriminates against more than one protected class
Correct answer: A decision based on both legitimate and discriminatory factors
A mixed-motive case arises when both lawful and unlawful reasons contribute to an adverse employment decision.
PeopleAnswers Legal and EEOC Compliance 5
Which of the following is the best example of a reasonable accommodation under the ADA?