CODESP Legal and Ethical Compliance 2 — Questions and Answers
Question 1: Under the Uniform Guidelines on Employee Selection Procedures (UGESP), which statistical method is primarily used to demonstrate adverse impact?
- Chi-square test
- Four-fifths (80%) rule (Correct answer)
- Standard deviation analysis
- Regression analysis
Correct answer: Four-fifths (80%) rule
The four-fifths (80%) rule compares selection rates between groups; a rate below 80% of the highest group's rate indicates adverse impact.
Question 2: Which legal doctrine holds employers responsible for the discriminatory actions of their supervisors even when upper management was unaware?
- Respondeat superior (Correct answer)
- Disparate treatment
- Bona fide occupational qualification
- Affirmative action
Correct answer: Respondeat superior
Respondeat superior ('let the master answer') makes employers vicariously liable for supervisory misconduct within the scope of employment.
Question 3: A CODESP member agency discovers its written test has a significant adverse impact on a protected class. What is the FIRST recommended corrective step?
- Immediately discontinue the test
- Conduct a job-relatedness validity study (Correct answer)
- Lower the passing score for all groups
- Report the finding to the EEOC
Correct answer: Conduct a job-relatedness validity study
Before abandoning or modifying a selection tool, agencies should first determine whether the test is job-related through a validity study.
Question 4: Which type of validity evidence is established by showing that scores on a selection test correlate with measures of actual job performance?
- Content validity
- Construct validity
- Criterion-related validity (Correct answer)
- Face validity
Correct answer: Criterion-related validity
Criterion-related validity links test scores (the predictor) to job performance criteria, demonstrating the test predicts success on the job.
Question 5: Under the Americans with Disabilities Act (ADA), when must an employer provide a reasonable accommodation during the selection process?
- Only after a conditional job offer is made
- Only when the applicant files a formal ADA complaint
- When a qualified applicant requests it, unless it causes undue hardship (Correct answer)
- After the probationary period ends
Correct answer: When a qualified applicant requests it, unless it causes undue hardship
Employers must accommodate qualified applicants during testing and interviews upon request, unless doing so creates undue hardship.
Question 6: Which federal law prohibits employment discrimination based on genetic information, including an applicant's family medical history?
- HIPAA
- GINA (Correct answer)
- ADA
- FMLA
Correct answer: GINA
The Genetic Information Nondiscrimination Act (GINA) of 2008 bars employers from using genetic information in hiring, promotion, or other employment decisions.
Question 7: A public agency uses a rank-ordered eligible list and skips over a veteran to appoint a lower-ranked non-veteran. Under most state veterans' preference laws, this action is:
- Permissible if the veteran scored below 70%
- Permissible if the agency provides a written justification
- A violation of veterans' preference rights unless an exception applies (Correct answer)
- Encouraged to promote workforce diversity
Correct answer: A violation of veterans' preference rights unless an exception applies
Veterans' preference statutes generally require agencies to document and justify passing over a veteran for a lower-ranked non-veteran.
CODESP Legal and Ethical Compliance 2
Under the Uniform Guidelines on Employee Selection Procedures (UGESP), which statistical method is primarily used to demonstrate adverse impact?