SPECIALIST Key Exam Questions and Correct
Answers
When may an employment decision be based upon an employee's or prospective employee's membership
in a protected class? - CORRECT ANSWERS When membership in that class is a "Bona Fide
Occupational Qualification" (BFOQ)
How can there be a BFOQ based on race? - CORRECT ANSWERS There cannot be a BFOQ based
on race
T or F: The federal Civil Rights Act and Age Discrimination in Employment Act both covers employers
with fifteen or more employees. - CORRECT ANSWERS False: The Age Discrimination in
Employment Act covers employees with 20 or more employees
The Equal Pay Act of 1963 prohibits discrimination in compensation based upon what factor? -
CORRECT ANSWERS The gender of the employee. The Act does not deal with compensation
differentials based upon race, religion, age, national origin, or disability.
T or F: A staffing firm can refuse to hire a pregnant temp until after the birth of the baby, as long as it
guarantees that a job will be available at that time. - CORRECT ANSWERS False: Pregnant
women who are able and willing to work must be hired if they otherwise qualify.
What is the difference between "quid pro quo" and "hostile environment" sexual harrassment? -
CORRECT ANSWERS In quid pro quo harassment, a sexual act is a condition of an individual's
being hired, promoted, or receiving job benefits. Hostile environment harassment does not necessarily
mean a loss of a tangible job benefit, but there is the creation of an intimidating, hostile, or offensive
working environment.
If, as the result of sexual harassment committed by a supervisor, some kind of adverse employment action
is taken against the employee, what defense is available to the employer? - CORRECT
ANSWERS There is no defense in such circumstances.
, If no tangible adverse employment action was taken against an employee as the result of sexual
harassment committed by the supervisor, what defense is available? - CORRECT ANSWERS The
employer may defend on the basis that it exercised reasonable care to prevent and correct the unlawful
behavior, and that the employee unreasonably failed to take advantage of available preventative or
corrective opportunities.
T or F: In order to avail oneself of the protection against discrimination on the basis of religion, one must
belong to a church, synagogue, mosque, or other similar organization. - CORRECT
ANSWERS False: Moral or ethical beliefs held with the strength of traditional religious views are
religious practices and are protected by the Civil Rights Act, regardless of whether one is a church
member.
T or F: The Civil Rights Act does not prohibit discrimination based upon U.S. Citizenship, but such
discrimination is nonetheless unlawful. - CORRECT ANSWERS True: The immigration reform
and control act prohibits discriminating against qualified to work in this country because he or she is not a
U.S. Citizen.
Does a person who has a permanent impairment that limits his or her ability to do the job for which he or
she was hired qualify as "disabled" under the Americans with Disability Act? - CORRECT
ANSWERS Not necessarily. If one is unable to do a specific job, but is not prevented from
performing a broad class of jobs, or tasks central to most people's lives, then that person is not considered
to be "disabled"
T or F: Neither alcoholics nor drug addicts are entitled to the protections of the American with Disabilities
Act. - CORRECT ANSWERS False: Current or recovering alcoholics are protected by the ADA.
While current users of illegal drugs are not protected, former drug addicts or current addicts who are not
using drugs and participating in a rehabilitation program are protected.
When will an employer be excused from providing persons with a disability with a reasonable
accommodation? - CORRECT ANSWERS When to provide the accommodation would cause an
"undue hardship"
Why would use of the term "college graduate" in an ad be permissible, while "recent grad" would be
impermissible? - CORRECT ANSWERS "College grad" refers to an educational achievement,
while the term "recent grad" implies a preference for younger employees.