EEO and Legal Compliance Flashcards

A company uses a cognitive ability test as part of its selection process for a data analyst position. Analysis shows the pass rate for male applicants is 80%, while the pass rate for female applicants is 55%. This scenario most accurately describes which potential EEO violation?

Answer: Adverse Impact

Adverse impact, also known as disparate impact, occurs when a seemingly neutral employment practice, like a pre-employment test, disproportionately excludes a protected group, even if the discrimination is unintentional. The Uniform Guidelines on Employee Selection Procedures (UGESP) provide a rule of thumb called the 'Four-Fifths Rule' to detect potential adverse impact. In this case, the selection rate for females (55%) is less than 80% of the selection rate for males (80% * 0.8 = 64%), indicating adverse impact.

Under the Americans with Disabilities Act (ADA), when is it permissible for an employer to ask disability-related questions or require a medical examination of an applicant?

Answer: Only after a conditional offer of employment has been made.

The ADA strictly prohibits employers from asking disability-related questions or requiring medical exams before a conditional job offer is made. This rule is in place to prevent discrimination against qualified applicants with disabilities at the pre-offer stage. After a conditional offer, an employer may ask such questions or require an exam, but only if it is required for all entering employees in the same job category.

Which of the following is a key provision of Title VII of the Civil Rights Act of 1964?

Answer: It prohibits employment discrimination based on race, color, religion, sex, or national origin.

Title VII of the Civil Rights Act of 1964 is a foundational federal law that makes it illegal for employers to discriminate against employees and job applicants based on race, color, religion, sex, or national origin in any aspect of employment, including hiring. The other options refer to different laws: the ADEA (age 40+), VEVRAA (veterans), and the Equal Pay Act.

A hiring manager for a physically demanding warehouse role decides to only administer a strength and stamina test to applicants who appear to be over the age of 50. This is a clear example of:

Answer: Disparate Treatment under the ADEA

This is a classic example of disparate treatment, which is intentional discrimination. Under the Age Discrimination in Employment Act (ADEA), employers are prohibited from intentionally treating applicants or employees aged 40 and over differently because of their age. Applying a physical test only to a specific age group is a form of intentional discrimination.

The Uniform Guidelines on Employee Selection Procedures (UGESP) were established to provide a framework for employers to ensure their selection processes are lawful. Which of the following is a primary principle of the UGESP?

Answer: Any selection procedure that has an adverse impact on a protected group must be validated as job-related and consistent with business necessity.

The fundamental principle of the Uniform Guidelines is that any selection procedure (including tests, interviews, etc.) that has an adverse impact on the hiring of a particular race, sex, or ethnic group is considered discriminatory unless the procedure has been validated and shown to be job-related and consistent with business necessity.

An employer, a federal contractor, is preparing for an audit by the Office of Federal Contract Compliance Programs (OFCCP). Which of the following is the OFCCP most likely to review during a compliance evaluation?

Answer: Hiring and promotion data, personnel activity, and affirmative action plans.

The OFCCP is responsible for ensuring that federal contractors comply with their legal obligations to provide equal employment opportunity and not discriminate. During a compliance evaluation, the OFCCP audits records related to employment practices, including hiring data, promotion and termination decisions, compensation data, and the contractor's Affirmative Action Program (AAP).