## Q61 key (Interview Model Under the Screening Act)

1. Mosaic is a screening instrument under the functional definition: it evaluates applicant characteristics and produces an advance or do-not-advance recommendation that materially influences progression. Missed: the company treats a vendor label as controlling coverage.
2. Human review does not avoid statutory use. Recruiters start from the output and follow it 94 percent of the time; the statute expressly covers material influence despite override authority. Missed: nominal human involvement is mistaken for nondeployment.
3. The clerical exemption fails because Mosaic does more than transcribe, format, or route. It analyzes pace, pauses, content, and traits, then recommends an outcome. Missed: an exemption requiring no evaluation is extended to the system's central evaluative functions.
4. The 2012 examples are nonexclusive. Applying broad enacted terms such as classification and recommendation to present deployments is prospective application to current conduct, not retroactive regulation of pre-enactment conduct. Legislative silence about language models does not narrow the text. Missed: the cure period is spent on an anachronism argument the definitions answer.
5. Cinder Peak's current notice omits automated evaluation, characteristics, and retention, and the vendor's cross-customer validation is not an employer-specific impact audit. Both duties are unmet. Missed: continued use after day 30 creates applicant-by-applicant penalty exposure.
6. The company's strongest argument is that recruiters independently evaluate the transcript and Mosaic is advisory; the regulator's stronger answer is the defined recommendation, training instruction, and 94 percent adherence. Penalty ambiguity may narrow amount but not coverage or cure duties. Missed: a remedy canon is used to erase substantive obligations.
7. Pause new Mosaic screening before the cure period expires unless compliant advance notice and an employer-specific audit are in place, preserve prior decision data, revise recruiter training to require genuine review, and respond to the regulator with the remediation record. Missed: Cinder Peak converts a curable first violation into continuing penalties and tainted hiring decisions.