USA EEO and Legal Compliance 4 — Questions and Answers
Question 1: Which of the following actions would NOT be considered retaliation under federal EEO law?
- Demoting an employee who filed an EEOC charge
- Giving a negative reference to a former employee who sued for discrimination
- Placing an employee who reported harassment on a performance improvement plan without cause
- Assigning an employee who filed a complaint to a less desirable shift with the same pay and title (Correct answer)
Correct answer: Assigning an employee who filed a complaint to a less desirable shift with the same pay and title
While shift reassignment can sometimes be retaliatory, a change in shift alone with identical pay and title may not meet the threshold of a materially adverse action depending on context.
Question 2: Genetic Information Nondiscrimination Act (GINA) Title II prohibits employers from using employees' genetic information in:
- Workplace wellness programs only
- Hiring, firing, pay, and other terms and conditions of employment (Correct answer)
- Health insurance enrollment only
- Background check processes
Correct answer: Hiring, firing, pay, and other terms and conditions of employment
GINA Title II prohibits using genetic information in all employment decisions including hiring, firing, compensation, and other terms of employment.
Question 3: Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), an employee returning from military service must generally be:
- Offered a new position based on current company needs
- Reemployed in the position they would have held had they not left for service (Correct answer)
- Given 30 days to reapply for their previous job
- Placed on probation for 90 days before full reinstatement
Correct answer: Reemployed in the position they would have held had they not left for service
USERRA provides returning service members the right to the position they would have attained through the 'escalator principle' had they remained continuously employed.
Question 4: Title VII's protections against sex discrimination have been interpreted by the Supreme Court to include discrimination based on:
- Marital status and parental status
- Sexual orientation and gender identity (Correct answer)
- Physical appearance and weight
- Educational background and socioeconomic status
Correct answer: Sexual orientation and gender identity
In Bostock v. Clayton County (2020), the Supreme Court held that Title VII's prohibition on sex discrimination covers sexual orientation and gender identity.
Question 5: What is 'constructive discharge' in the context of employment discrimination?
- An employer formally documents reasons for termination
- Working conditions are made so intolerable that a reasonable person would feel compelled to resign (Correct answer)
- An employee is laid off due to reduction in force
- A manager constructively coaches an underperforming employee
Correct answer: Working conditions are made so intolerable that a reasonable person would feel compelled to resign
Constructive discharge occurs when an employer deliberately makes working conditions so intolerable that a reasonable person would feel forced to quit.
Question 6: Which of the following employers is covered by Title VII of the Civil Rights Act?
- An employer with 10 or more employees
- An employer with 15 or more employees (Correct answer)
- An employer with 20 or more employees
- An employer with 50 or more employees
Correct answer: An employer with 15 or more employees
Title VII applies to employers with 15 or more employees, employment agencies, labor organizations, and federal, state, and local governments.
Question 7: A religious organization wants to hire only members of its own faith for all positions. Under Title VII, this is:
- Always prohibited as religious discrimination
- Permitted only for ministerial positions
- A recognized exemption allowing religious organizations to prefer co-religionists (Correct answer)
- Permitted only if the organization has fewer than 15 employees
Correct answer: A recognized exemption allowing religious organizations to prefer co-religionists
Section 702 of Title VII exempts religious organizations from the prohibition on religious discrimination, allowing them to hire based on religion for all positions.
USA EEO and Legal Compliance 4
Which of the following actions would NOT be considered retaliation under federal EEO law?