CDP Legal Framework & Compliance 3 — Questions and Answers
Question 1: The 'four-fifths rule' (80% rule) used in adverse impact analysis compares selection rates of protected groups to which benchmark?
- The national labor market average
- The selection rate of the group with the highest rate (Correct answer)
- The employer's historical hiring average
- The rate required by the EEOC's affirmative action targets
Correct answer: The selection rate of the group with the highest rate
The 4/5ths rule finds adverse impact when a protected group's selection rate is less than 80% of the rate of the group with the highest selection rate.
Question 2: Which Supreme Court case established that employers are vicariously liable for a supervisor's harassment when it results in a tangible employment action?
- Harris v. Forklift Systems
- Oncale v. Sundowner Offshore Services
- Burlington Industries v. Ellerth (Correct answer)
- McDonnell Douglas Corp. v. Green
Correct answer: Burlington Industries v. Ellerth
Burlington Industries v. Ellerth (1998) held that employers are vicariously liable for supervisor harassment that culminates in a tangible employment action.
Question 3: Under the McDonnell Douglas burden-shifting framework, once a plaintiff establishes a prima facie case of discrimination, what must the employer do?
- Prove by clear and convincing evidence that no discrimination occurred
- Articulate a legitimate, nondiscriminatory reason for the employment decision (Correct answer)
- Immediately settle with the plaintiff
- Show that its action was necessary for business survival
Correct answer: Articulate a legitimate, nondiscriminatory reason for the employment decision
After a prima facie case is established, the burden shifts to the employer to articulate a legitimate, nondiscriminatory reason, then shifts back to plaintiff to show pretext.
Question 4: Section 1981 of the Civil Rights Act of 1866 protects against discrimination based on:
- Sex and religion
- Race and ethnicity in the making and enforcing of contracts (Correct answer)
- Disability in public accommodations
- National origin in federal employment
Correct answer: Race and ethnicity in the making and enforcing of contracts
Section 1981 prohibits racial and ethnic discrimination in the making, performance, and enforcement of contracts, including employment contracts.
Question 5: Which federal law prohibits discrimination against qualified individuals with disabilities by state and local governments, requiring program accessibility?
- ADA Title I
- ADA Title II (Correct answer)
- Section 504 of the Rehabilitation Act
- Section 503 of the Rehabilitation Act
Correct answer: ADA Title II
ADA Title II prohibits disability discrimination by state and local government entities and requires that their programs, services, and activities be accessible.
Question 6: An employer maintains a 'no-beard' policy for safety reasons. Muslim and Sikh employees request exemptions for religious reasons. This scenario most directly involves which legal concept?
- Disparate treatment discrimination
- Disparate impact discrimination
- Religious accommodation under Title VII (Correct answer)
- Hostile work environment harassment
Correct answer: Religious accommodation under Title VII
The scenario involves employees requesting religious accommodation for sincerely held religious beliefs that conflict with a facially neutral workplace policy.
Question 7: Which EEOC guidance document provides employers with a framework for conducting background checks without creating adverse impact on protected classes?
- Uniform Guidelines on Employee Selection Procedures
- EEOC Enforcement Guidance on Consideration of Arrest and Conviction Records (Correct answer)
- ADA Technical Assistance Manual
- EEO-1 Component 2 Guidance
Correct answer: EEOC Enforcement Guidance on Consideration of Arrest and Conviction Records
The EEOC's 2012 Enforcement Guidance on Arrest and Conviction Records advises employers to conduct individualized assessments to avoid discriminatory screening.
CDP Legal Framework & Compliance 3
The 'four-fifths rule' (80% rule) used in adverse impact analysis compares selection rates of protected groups to which benchmark?