Question 83 - CIPP-US discussion

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin1It also prohibits retaliation against individuals who assert their rights under the law or participate in an EEOC investigation1Title VII applies to employers with 15 or more employees, as well as to employment agencies, labor organizations, and joint labor-management committees1

Title VII prohibits employers from making pre-employment inquiries that express a preference, limitation, or specification based on any of the protected characteristics, unless they are bona fide occupational qualifications (BFOQs)2BFOQs are rare and narrowly construed exceptions that allow employers to consider a protected characteristic when it is reasonably necessary to the normal operation of the business2For example, a religious organization may require its employees to share its faith, or a women's shelter may hire only female counselors2

Option A is incorrect because questions about age are not prohibited by Title VII, but by the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older from employment discrimination based on age3The ADEA generally prohibits employers from asking applicants about their age or date of birth, unless age is a BFOQ or the inquiry is part of a lawful affirmative action plan3

Option B is incorrect because questions about a disability are not prohibited by Title VII, but by the Americans with Disabilities Act of 1990 (ADA), which protects qualified individuals with disabilities from employment discrimination based on disability4The ADA generally prohibits employers from asking applicants about whether they have a disability or the nature or severity of a disability, unless the inquiry is related to the ability to perform the essential functions of the job with or without reasonable accommodation4

Option C is incorrect because questions about a national origin are prohibited by Title VII, but not in all circumstances.Title VII prohibits employers from asking applicants about their national origin, ancestry, birthplace, native language, or accent, unless they are BFOQs or the inquiry is related to a legitimate business purpose, such as verifying eligibility to work in the United States or assessing language proficiency for a job that requires communication skills25

Option D is correct because questions about intended pregnancy are prohibited by Title VII, as amended by the Pregnancy Discrimination Act of 1978 (PDA), which protects women from employment discrimination based on pregnancy, childbirth, or related medical conditions. The PDA prohibits employers from asking applicants about whether they are pregnant or intend to become pregnant, unless they are related to the ability to perform the job. Such questions may indicate an intent to discriminate based on sex or pregnancy, or may deter women from applying for certain jobs.