CODESP - Cooperative Organization for the Development of Employee Selection Procedures Legal and Ethical Compliance Questions and Answers — Questions and Answers
Question 1: A hiring manager for a public agency tells the HR analyst, "Let's screen out candidates with over 25 years of experience. We need someone with high energy and fresh ideas." This instruction raises a primary legal concern under which of the following?
- The Americans with Disabilities Act (ADA)
- The Fair Labor Standards Act (FLSA)
- The Age Discrimination in Employment Act (ADEA) (Correct answer)
- Title VII of the Civil Rights Act of 1964
Correct answer: The Age Discrimination in Employment Act (ADEA)
The Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals aged 40 and older. The manager's statement directly links extensive experience (often a proxy for age) to negative stereotypes and expresses a preference for younger workers, which is a potential violation of the ADEA.
Question 2: According to the record-keeping requirements of the Uniform Guidelines on Employee Selection Procedures (UGESP), which data is essential for an employer to maintain to determine if a selection procedure has an adverse impact?
- The specific reasons for rejection for every unsuccessful candidate.
- The performance evaluation scores of all current employees in the job classification.
- The names and educational backgrounds of all applicants.
- The number of applicants and the number of individuals selected, recorded by sex, and for specified racial and ethnic groups. (Correct answer)
Correct answer: The number of applicants and the number of individuals selected, recorded by sex, and for specified racial and ethnic groups.
UGESP Section 4 requires the calculation of selection rates for different groups to apply the four-fifths rule. To do this, an employer must track the number of people who apply and the number who are selected (hired, promoted, etc.) broken down by the required demographic categories (race, sex, and ethnic group).
Question 3: An applicant for a clerical position discloses that they have a learning disability and requests extended time on a timed, computer-based skills assessment. Under the Americans with Disabilities Act (ADA), what is the employer's most appropriate initial action?
- Require the applicant to provide a complete medical history to prove the disability.
- Inform the applicant that all candidates must take the test under standard conditions to ensure fairness.
- Engage in an interactive process with the applicant to determine if the accommodation is reasonable and effective. (Correct answer)
- Automatically grant double the standard time to avoid any potential legal challenges.
Correct answer: Engage in an interactive process with the applicant to determine if the accommodation is reasonable and effective.
The ADA requires employers to engage in a good-faith "interactive process" to determine what, if any, reasonable accommodation is needed for the applicant to have an equal opportunity in the application process. This involves a discussion with the applicant about their needs and the available options. The employer is not required to provide the preferred accommodation, only one that is effective.
Question 4: During a post-offer, pre-employment medical screening for a physically demanding job, which of the following questions is a violation of the Genetic Information Nondiscrimination Act (GINA)?
- "Does heart disease run in your family?" (Correct answer)
- "Have you ever filed a workers' compensation claim?"
- "Are you currently taking any prescribed medications?"
- "Do you have any conditions that would prevent you from lifting 50 pounds?"
Correct answer: "Does heart disease run in your family?"
The Genetic Information Nondiscrimination Act (GINA) prohibits employers from requesting, requiring, or purchasing genetic information, which explicitly includes family medical history. Asking about diseases that run in the applicant's family is a direct request for this protected information. The other questions are permissible at the post-offer stage, subject to ADA regulations.
Question 5: A personnel analyst is part of a panel interviewing candidates for a promotion. One of the candidates is the analyst's current direct subordinate. Which ethical principle is most directly compromised by the analyst's participation on this panel?
- Confidentiality
- Due diligence
- Conflict of interest (Correct answer)
- Professional development
Correct answer: Conflict of interest
A conflict of interest occurs when a person's private interests, such as a relationship with a subordinate, could improperly influence their official duties. Evaluating one's own subordinate for a promotion creates a direct conflict, as the analyst's judgment could be biased (either positively or negatively) and compromises their ability to remain impartial.
Question 6: A personnel analyst for a public agency is administering a competitive promotional examination. A close friend from another department, who is a candidate, asks the analyst for "just a little hint" about the topics on the exam. To best uphold the integrity of the selection process, what is the analyst's most appropriate response?
- Provide only very general, high-level topics to be fair.
- Ignore the request and avoid the friend until the process is over.
- Refuse and state that all candidates have access to the same information via the official job announcement. (Correct answer)
- Offer to help the friend study using generic materials not specific to the exam.
Correct answer: Refuse and state that all candidates have access to the same information via the official job announcement.
The core ethical responsibility in public sector testing is to ensure fairness, impartiality, and a level playing field for all candidates. The most appropriate response is to firmly and professionally decline the request while directing the friend to the same, publicly available resources that all other candidates can access. This maintains the security of the exam and avoids any appearance of impropriety.
CODESP - Cooperative Organization for the Development of Employee Selection Procedures Legal and Ethical Compliance Questions and Answers
A hiring manager for a public agency tells the HR analyst, "Let's screen out candidates with over 25 years of experience.
We need someone with high energy and fresh ideas." This instruction raises a primary legal concern under which of the following?