CDP Legal Framework & Compliance 2 — Questions and Answers
Question 1: Which executive order first required federal contractors to take affirmative action to ensure equal employment opportunity regardless of race, creed, color, or national origin?
- Executive Order 11246
- Executive Order 10925 (Correct answer)
- Executive Order 13672
- Executive Order 11375
Correct answer: Executive Order 10925
President Kennedy's Executive Order 10925 (1961) first introduced the term 'affirmative action' and required federal contractors to take active steps to ensure non-discrimination.
Question 2: Under the ADA, which of the following is NOT considered part of the interactive process for reasonable accommodation?
- Employee requesting accommodation
- Employer unilaterally deciding accommodation without input (Correct answer)
- Employer asking for medical documentation
- Discussing alternative accommodations if the preferred one is burdensome
Correct answer: Employer unilaterally deciding accommodation without input
The interactive process requires good-faith dialogue between employer and employee; the employer cannot unilaterally decide without engaging the employee.
Question 3: A company policy requires all employees to work on Saturdays. An employee requests Saturdays off for religious observance. Under Title VII, the employer must:
- Deny the request because the policy applies equally to everyone
- Provide accommodation unless it causes undue hardship (Correct answer)
- Grant the request automatically without any evaluation
- Transfer the employee to a different department
Correct answer: Provide accommodation unless it causes undue hardship
Title VII requires employers to reasonably accommodate sincerely held religious beliefs unless doing so would cause undue hardship to the business.
Question 4: The Pregnancy Discrimination Act of 1978 amended which federal law?
- The Equal Pay Act
- Title VII of the Civil Rights Act (Correct answer)
- The Family and Medical Leave Act
- The Americans with Disabilities Act
Correct answer: Title VII of the Civil Rights Act
The PDA amended Title VII to clarify that discrimination based on pregnancy, childbirth, or related conditions is a form of sex discrimination.
Question 5: Which of the following best describes 'quid pro quo' sexual harassment?
- A hostile work environment created by pervasive offensive conduct
- Conditioning employment benefits on submission to sexual favors (Correct answer)
- Unwelcome sexual jokes shared among coworkers of equal rank
- A supervisor making isolated offensive comments
Correct answer: Conditioning employment benefits on submission to sexual favors
Quid pro quo harassment occurs when job benefits (hiring, promotion, continued employment) are conditioned on acceptance of unwelcome sexual conduct.
Question 6: Under the ADEA, which employees are protected from age discrimination?
- All employees regardless of age
- Employees aged 40 and older (Correct answer)
- Employees aged 50 and older
- Employees within 5 years of retirement age
Correct answer: Employees aged 40 and older
The Age Discrimination in Employment Act protects workers who are 40 years of age or older from employment discrimination based on age.
Question 7: A federal contractor with 50 or more employees and contracts of $50,000 or more must comply with which regulation requiring a written affirmative action program?
- Title VII of the Civil Rights Act
- Executive Order 11246 enforced by OFCCP (Correct answer)
- The Rehabilitation Act Section 503
- The Uniform Guidelines on Employee Selection Procedures
Correct answer: Executive Order 11246 enforced by OFCCP
OFCCP enforces Executive Order 11246, which requires covered federal contractors to develop and maintain written affirmative action programs.
CDP Legal Framework & Compliance 2
Which executive order first required federal contractors to take affirmative action to ensure equal employment opportunity regardless of race, creed, color, or national origin?