CCM Employment Law and Workplace Compliance — Questions and Answers
Question 1: Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on:
- Race, color, religion, sex, and national origin (Correct answer)
- Race, age, disability, and sexual orientation only
- Race and national origin, but not religion or sex
- Any characteristic protected under state law, without federal floor
Correct answer: Race, color, religion, sex, and national origin
Title VII prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin. Age discrimination is covered by the ADEA, disability by the ADA, and genetic information by GINA. Federal protection for sexual orientation and gender identity was established by the Supreme Court's 2020 Bostock decision interpreting 'sex' under Title VII.
Question 2: Under OSHA's General Duty Clause, employers are required to:
- Provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm (Correct answer)
- Conduct monthly safety inspections and file reports with OSHA for every near-miss incident
- Purchase OSHA-approved personal protective equipment for all employees regardless of job function
- Obtain OSHA certification before hiring workers in any regulated industry
Correct answer: Provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm
The General Duty Clause (Section 5(a)(1) of the OSH Act) requires employers to provide a workplace free from 'recognized hazards' that are causing or likely to cause death or serious physical harm. It is used when no specific OSHA standard covers a particular hazard. It does not require monthly inspections, universal PPE, or employer certification.
Question 3: An employee claims that a supervisor's repeated comments about her age and suggestions she 'retire soon' have created an uncomfortable work environment. This situation most likely constitutes:
- Quid pro quo harassment under Title VII
- Hostile work environment harassment under the Age Discrimination in Employment Act (ADEA) (Correct answer)
- A wage and hour violation under the Fair Labor Standards Act
- A protected concerted activity claim under the NLRA
Correct answer: Hostile work environment harassment under the Age Discrimination in Employment Act (ADEA)
Repeated age-related comments that create an intimidating or offensive work environment can constitute hostile work environment harassment under the ADEA (which protects workers 40 and older). Quid pro quo harassment involves conditioning employment benefits on submission to unwelcome conduct — that element is not present here.
Question 4: Under the Americans with Disabilities Act (ADA), an employer is required to provide a 'reasonable accommodation' unless:
- The accommodation would cost more than $5,000
- The employee has been with the company for fewer than 12 months
- Providing the accommodation would impose an undue hardship on the employer (Correct answer)
- The disability was caused by the employee's own conduct
Correct answer: Providing the accommodation would impose an undue hardship on the employer
The ADA requires employers to provide reasonable accommodations for qualified individuals with disabilities unless doing so would impose an 'undue hardship' — significant difficulty or expense relative to the employer's size and resources. There is no fixed dollar threshold, no tenure requirement, and causation of the disability is generally irrelevant to the accommodation obligation.
Question 5: The Fair Labor Standards Act (FLSA) 'white collar exemptions' allow employers to classify employees as exempt from overtime pay if the employees meet tests related to:
- Job title, years of experience, and union membership status
- Salary level, salary basis, and the nature of job duties performed (Correct answer)
- Full-time versus part-time status and geographic location
- Educational credentials and professional licensing requirements
Correct answer: Salary level, salary basis, and the nature of job duties performed
FLSA white collar exemptions (executive, administrative, professional) require employees to meet three tests: (1) a minimum salary level (currently $684/week under federal rules), (2) payment on a salary basis (not docked for partial days), and (3) performance of exempt duties as defined by DOL regulations. Job title alone does not determine exempt status.
Question 6: A compliance manager is implementing a workplace harassment prevention program. Which component has been shown to be most effective in reducing actual harassment incidents (as opposed to just satisfying legal safe harbor requirements)?
- Annual online training modules completed by all employees
- A clear reporting mechanism, prompt investigation, and demonstrated leadership accountability for violations (Correct answer)
- Posting EEOC notices in all break rooms and common areas
- Requiring employees to sign an annual acknowledgment of the anti-harassment policy
Correct answer: A clear reporting mechanism, prompt investigation, and demonstrated leadership accountability for violations
Research and EEOC guidance indicate that effective harassment prevention requires more than check-the-box training. Clear, accessible reporting channels, prompt and thorough investigations, and visible leadership accountability — including consequences for senior-level violators — are the elements most associated with actual culture change. Online training and policy acknowledgments satisfy legal minimums but have limited standalone impact.
CCM Employment Law and Workplace Compliance
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on: