USA Diversity and Inclusion in Hiring 2 — Questions and Answers
Question 1: Under the Americans with Disabilities Act (ADA), what must an employer do before rejecting a qualified applicant with a disability?
- Consult with the EEOC
- Determine whether a reasonable accommodation exists (Correct answer)
- Conduct a medical examination
- Obtain a doctor's clearance letter
Correct answer: Determine whether a reasonable accommodation exists
The ADA requires employers to consider whether a reasonable accommodation would enable the applicant to perform the essential functions of the job before rejecting them.
Question 2: Which of the following best describes 'affirmative action' in the hiring context?
- Hiring candidates regardless of qualifications to meet quotas
- Proactive steps to increase representation of underrepresented groups (Correct answer)
- Giving preference to majority group members
- Eliminating all screening criteria in job applications
Correct answer: Proactive steps to increase representation of underrepresented groups
Affirmative action involves proactive policies and practices aimed at increasing representation of historically underrepresented groups in the workforce.
Question 3: A hiring manager decides not to interview a candidate because her name 'sounds foreign.' This is an example of:
- Disparate impact discrimination
- Name-based implicit bias leading to disparate treatment (Correct answer)
- A legitimate business necessity defense
- Bona fide occupational qualification (BFOQ)
Correct answer: Name-based implicit bias leading to disparate treatment
Rejecting a candidate based on a name perceived as foreign is disparate treatment driven by implicit bias related to national origin.
Question 4: What is 'structured interviewing' and why does it support D&I goals?
- Conducting interviews in a formal office setting
- Asking all candidates the same job-related questions and scoring consistently (Correct answer)
- Allowing interviewers to choose questions based on their experience
- Scheduling interviews in a strict time order
Correct answer: Asking all candidates the same job-related questions and scoring consistently
Structured interviews reduce interviewer bias by ensuring every candidate is evaluated on the same criteria, which promotes fair and equitable hiring.
Question 5: Which federal law prohibits employment discrimination based on pregnancy, childbirth, or related conditions?
- The Family and Medical Leave Act (FMLA)
- The Pregnancy Discrimination Act (PDA) (Correct answer)
- The Equal Pay Act (EPA)
- Title II of the Civil Rights Act
Correct answer: The Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act of 1978 amended Title VII to explicitly prohibit discrimination based on pregnancy, childbirth, or related medical conditions.
Question 6: An employer's job posting requires a high school diploma for a warehouse position that has never actually needed reading or writing skills. This policy that excludes more minority applicants may constitute:
- A valid BFOQ
- Disparate impact discrimination (Correct answer)
- Reverse discrimination
- Affirmative action
Correct answer: Disparate impact discrimination
Requiring credentials not genuinely necessary for the job that disproportionately screen out protected groups can constitute disparate impact discrimination under Title VII.
Question 7: Which practice is MOST effective at reducing affinity bias during resume screening?
- Allowing only senior managers to review resumes
- Removing names, graduation years, and addresses from resumes (Correct answer)
- Requiring candidates to submit photos with applications
- Prioritizing candidates from the interviewer's alma mater
Correct answer: Removing names, graduation years, and addresses from resumes
Blind resume review removes identifying information that can trigger affinity bias, focusing evaluators on skills and experience instead.
USA Diversity and Inclusion in Hiring 2
Under the Americans with Disabilities Act (ADA), what must an employer do before rejecting a qualified applicant with a disability?