USA EEO and Legal Compliance 5 — Questions and Answers
Question 1: An interviewer asks a candidate, 'Do you plan to have children soon?' This question is problematic primarily because it could be used to discriminate based on:
- Age and marital status
- Sex and pregnancy status (Correct answer)
- National origin and religion
- Disability and genetic information
Correct answer: Sex and pregnancy status
Questions about family planning can reveal pregnancy status or plans and may be used to discriminate based on sex, violating Title VII and the Pregnancy Discrimination Act.
Question 2: Executive Order 11246 requires federal contractors to take affirmative action with respect to which protected classes?
- Race, color, religion, sex, and national origin (Correct answer)
- Race, color, religion, sex, national origin, disability, and veteran status
- Race, color, and national origin only
- All classes protected under Title VII and the ADA
Correct answer: Race, color, religion, sex, and national origin
Executive Order 11246 prohibits discrimination and requires affirmative action based on race, color, religion, sex, and national origin for federal contractors.
Question 3: Under the Immigration Reform and Control Act (IRCA), employers are required to verify work authorization using Form I-9 for:
- Only non-U.S. citizens hired after 1986
- All employees hired after November 6, 1986, regardless of citizenship (Correct answer)
- Employees in safety-sensitive positions only
- Employees sponsored for work visas only
Correct answer: All employees hired after November 6, 1986, regardless of citizenship
IRCA requires all employers to complete Form I-9 for every employee hired after November 6, 1986, to verify identity and work authorization.
Question 4: Which best describes the 'interactive process' required under the ADA?
- An online training module employees must complete annually
- A good-faith dialogue between employer and employee to identify effective reasonable accommodations (Correct answer)
- A formal grievance procedure managed by HR
- A series of medical evaluations conducted by company physicians
Correct answer: A good-faith dialogue between employer and employee to identify effective reasonable accommodations
The interactive process is an informal, good-faith dialogue that employers and employees must engage in to determine appropriate reasonable accommodations.
Question 5: A background check policy that automatically disqualifies all applicants with any criminal record is most likely to raise concerns under:
- The Fair Credit Reporting Act only
- EEOC guidance on disparate impact and race discrimination (Correct answer)
- The Americans with Disabilities Act
- The Age Discrimination in Employment Act
Correct answer: EEOC guidance on disparate impact and race discrimination
The EEOC has issued guidance stating that blanket criminal history exclusions may have a disparate impact on certain racial groups and must be individually assessed.
Question 6: Under the Lilly Ledbetter Fair Pay Act, each discriminatory paycheck constitutes:
- A single violation that must be reported within 180 days of hire
- A separate unlawful employment practice, resetting the filing deadline (Correct answer)
- A minor infraction unless a pattern is proven over two years
- Evidence only if accompanied by a written discriminatory policy
Correct answer: A separate unlawful employment practice, resetting the filing deadline
The Lilly Ledbetter Fair Pay Act provides that each discriminatory paycheck resets the statute of limitations for filing a pay discrimination claim.
Question 7: Which of the following constitutes a 'bona fide occupational qualification' (BFOQ) defense under Title VII?
- Hiring only male actors to play male roles in a film production (Correct answer)
- Requiring all customer service employees to be under age 35
- Preferring English-speaking applicants for a data entry position
- Hiring only members of a specific racial group for a customer-facing role
Correct answer: Hiring only male actors to play male roles in a film production
Authenticity requirements in acting (e.g., male actor for a male role) can qualify as a BFOQ; however, race and color can never be used as a BFOQ.
USA EEO and Legal Compliance 5
An interviewer asks a candidate, 'Do you plan to have children soon?' This question is problematic primarily because it could be used to discriminate based on: