CDP Legal Framework & Compliance 3

Question 1

The 'four-fifths rule' (80% rule) used in adverse impact analysis compares selection rates of protected groups to which benchmark?

Accepted Answer

The selection rate of the group with the highest rate

Answer

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?

Accepted Answer

Burlington Industries v. Ellerth

Answer

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?

Accepted Answer

Articulate a legitimate, nondiscriminatory reason for the employment decision

Answer

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:

Accepted Answer

Race and ethnicity in the making and enforcing of contracts

Answer

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?

Accepted Answer

ADA Title II

Answer

ADA Title II prohibits disability discrimination by state and local government entities and requires that their programs, services, and activities be accessible.

(CDP) Certified Diversity Professional Practice Test

(CDP) Certified Diversity Professional Practice Test

CDP Legal Framework & Compliance 3