DEI Workplace Policy and Legal Frameworks 2 — Questions and Answers
Question 1: The Pregnancy Discrimination Act (PDA) of 1978 amended which existing law to protect pregnant employees?
- The Americans with Disabilities Act
- The Family and Medical Leave Act
- Title VII of the Civil Rights Act (Correct answer)
- The Equal Pay 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 medical conditions constitutes sex discrimination.
Question 2: Which Supreme Court case established that same-sex sexual harassment is actionable under Title VII?
- Meritor Savings Bank v. Vinson
- Oncale v. Sundowner Offshore Services (Correct answer)
- Harris v. Forklift Systems
- Burlington Industries v. Ellerth
Correct answer: Oncale v. Sundowner Offshore Services
In Oncale v. Sundowner Offshore Services (1998), the Supreme Court unanimously held that sex discrimination consisting of same-sex sexual harassment is actionable under Title VII.
Question 3: Under the Family and Medical Leave Act (FMLA), eligible employees may take up to how many weeks of unpaid leave per year?
- 6 weeks
- 10 weeks
- 12 weeks (Correct answer)
- 16 weeks
Correct answer: 12 weeks
The FMLA entitles eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave per year for specified family and medical reasons.
Question 4: An employer's 'zero-tolerance' harassment policy is best described as one that:
- Automatically terminates any accused employee without investigation
- Establishes that all reported harassment will be taken seriously and investigated promptly (Correct answer)
- Prohibits employees from discussing sensitive topics in the workplace
- Applies only to executive-level misconduct
Correct answer: Establishes that all reported harassment will be taken seriously and investigated promptly
A zero-tolerance harassment policy signals that the organization takes all reports seriously, conducts prompt investigations, and applies consistent disciplinary action — it does not bypass due process.
Question 5: Which federal law prohibits discrimination in employment based on age for workers who are 40 years of age and older?
- The Rehabilitation Act of 1973
- The Age Discrimination in Employment Act (ADEA) of 1967 (Correct answer)
- The Older Workers Benefit Protection Act
- Executive Order 13145
Correct answer: The Age Discrimination in Employment Act (ADEA) of 1967
The ADEA of 1967 specifically protects individuals who are 40 or older from employment discrimination based on age in hiring, promotion, discharge, compensation, and other terms of employment.
Question 6: What does 'disparate treatment' mean in the context of employment discrimination law?
- When a policy unintentionally disadvantages a protected group
- When an employer intentionally treats an individual differently because of a protected characteristic (Correct answer)
- When employees receive different compensation for the same work
- When accommodation requests are denied without review
Correct answer: When an employer intentionally treats an individual differently because of a protected characteristic
Disparate treatment is intentional discrimination — an employer treats an individual differently based on a protected characteristic such as race, sex, or religion.
Question 7: Which concept describes a DEI policy that goes beyond legal compliance to proactively create equitable systems and opportunities?
- Regulatory minimalism
- Affirmative compliance
- Proactive equity (Correct answer)
- Structural neutrality
Correct answer: Proactive equity
Proactive equity refers to intentional organizational efforts that exceed baseline legal requirements by designing systems, processes, and policies that actively reduce barriers and advance fairness.
DEI Workplace Policy and Legal Frameworks 2
The Pregnancy Discrimination Act (PDA) of 1978 amended which existing law to protect pregnant employees?