CDE Legal Frameworks & Policy Development Flashcards

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

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

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.

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

Answer: Executive Order 11246

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

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

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

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.

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:

Answer: Grant a religious accommodation unless it poses an undue hardship

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

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

Answer: The Age Discrimination in Employment Act (ADEA)

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.

What is 'quid pro quo' harassment in the context of employment law?

Answer: When submission to or rejection of sexual conduct is used as a basis for employment decisions

Quid pro quo harassment occurs when a job benefit or adverse action is conditioned on an employee's response to unwelcome sexual advances or conduct.