PHR Question #127: Real Exam Question with Answer & Explanation

Question

Options

• APerpetuating past unintentional practices
• BPerpetuating past discrimination practices
• CSuccumbing to an adverse impact
• DNot finding qualified racially diverse candidates

Explanation

When a company with a history of deliberate discriminatory hiring relies on employee referrals as its primary recruiting source, it risks perpetuating past discrimination because a non-diverse workforce will naturally refer candidates from similar demographic groups.

Common mistakes.

• A. The scenario explicitly states the past practices were intentional discrimination, making 'unintentional' an inaccurate characterization of the practices being perpetuated.
• C. Adverse impact is a specific legal concept describing a facially neutral employment practice that disproportionately affects a protected class - a distinct legal theory not specifically captured by this referral program scenario.
• D. Failing to find diverse candidates is a potential symptom but is too narrow and does not name the actual legal exposure the company faces, which is actively perpetuating a discriminatory workforce composition.

Concept tested. Employee referral programs perpetuating past hiring discrimination

Reference. https://www.eeoc.gov/laws/guidance/questions-and-answers-clarify-and-provide-common-interpretation-uniform-guidelines

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