CDE CDE Legal Frameworks & Policy Development 2

Question 1

What is the primary distinction between 'disparate treatment' and 'disparate impact' in employment discrimination?

Accepted Answer

Disparate treatment is intentional discrimination against an individual; disparate impact is unintentional harm to a group from a neutral policy

Answer

Disparate treatment requires proof of discriminatory intent toward an individual, while disparate impact focuses on statistical harm to a protected group from a neutral policy.

Question 2

Which executive order requires federal contractors to take affirmative action to ensure equal employment opportunity regardless of race, color, religion, sex, or national origin?

Accepted Answer

Executive Order 11246

Answer

Executive Order 11246, signed by President Johnson in 1965, requires federal contractors to take affirmative action and is enforced by the OFCCP.

Question 3

What does a Bona Fide Occupational Qualification (BFOQ) allow an employer to do?

Accepted Answer

Use a protected characteristic (e.g., sex, religion) as a job requirement when it is essential to the core function of the position

Answer

BFOQ is a narrow legal defense allowing employers to require a specific protected characteristic when it is genuinely necessary to job performance — for example, requiring a female actor to play a female role.

Question 4

A company policy requires all employees to be 'clean-shaven.' A Muslim employee requests an exception for religious reasons. Under Title VII, the employer should:

Accepted Answer

Grant a religious accommodation unless it poses an undue hardship

Answer

Title VII requires employers to reasonably accommodate sincerely held religious beliefs unless doing so creates an undue hardship on the business.

Question 5

Which law protects workers age 40 and older from employment discrimination based on age?

Accepted Answer

The Age Discrimination in Employment Act (ADEA)

Answer

The ADEA, enacted in 1967, prohibits employment discrimination against individuals 40 years of age or older and applies to employers with 20 or more employees.

CDE - Certified Diversity Executive Practice Test

CDE - Certified Diversity Executive Practice Test

CDE CDE Legal Frameworks & Policy Development 2