USA Diversity and Inclusion in Hiring 3 — Questions and Answers
Question 1: What does 'intersectionality' mean in the context of workplace diversity?
- The overlap of job functions across departments
- The way multiple social identities combine to create unique experiences of privilege or discrimination (Correct answer)
- Cross-training employees in multiple roles
- The intersection of company policy and labor law
Correct answer: The way multiple social identities combine to create unique experiences of privilege or discrimination
Intersectionality recognizes that people hold multiple identities (e.g., race, gender, disability) that interact to shape their distinct experiences of bias or advantage.
Question 2: Under Title VII, which of the following is a permissible reason for an employer to consider sex when hiring?
- Customer preference for a specific gender
- The role requires physical tasks only men can perform on average
- Sex is a bona fide occupational qualification (BFOQ) essential to the job (Correct answer)
- The employer wants to maintain a gender-balanced workplace
Correct answer: Sex is a bona fide occupational qualification (BFOQ) essential to the job
Sex may be used as a hiring criterion only when it is a BFOQ — genuinely necessary for performing the job — such as hiring actors for gender-specific roles.
Question 3: A company notices its hiring process results in significantly fewer Hispanic applicants advancing to interviews. The FIRST step the company should take is:
- Immediately hire more Hispanic candidates to correct the imbalance
- Conduct an adverse impact analysis to identify where attrition occurs (Correct answer)
- Remove all screening steps to eliminate bias
- Notify the EEOC before making any changes
Correct answer: Conduct an adverse impact analysis to identify where attrition occurs
Conducting an adverse impact analysis pinpoints at which stage Hispanic candidates are disproportionately screened out, enabling targeted and lawful corrective action.
Question 4: Which question is ILLEGAL to ask a job applicant in most U.S. states?
- Can you describe your experience managing remote teams?
- Are you authorized to work in the United States?
- How old are you? (Correct answer)
- What is your availability to start work?
Correct answer: How old are you?
Asking an applicant's age is prohibited under the Age Discrimination in Employment Act (ADEA) and similar state laws because it reveals a protected characteristic.
Question 5: What is the primary purpose of an 'inclusion rider' in employment contracts?
- To guarantee equal pay for all employees
- To require that production crews or teams meet diversity benchmarks (Correct answer)
- To mandate background checks for all new hires
- To protect whistleblowers who report discrimination
Correct answer: To require that production crews or teams meet diversity benchmarks
An inclusion rider is a contractual clause, popularized in entertainment, requiring that casts, crews, or teams reflect diverse representation.
Question 6: Cognitive diversity in a hiring context refers to:
- Recruiting candidates with IQ scores above a set threshold
- Valuing different thinking styles, problem-solving approaches, and perspectives (Correct answer)
- Ensuring equal numbers of introverts and extroverts on teams
- Prioritizing candidates who attended elite universities
Correct answer: Valuing different thinking styles, problem-solving approaches, and perspectives
Cognitive diversity means deliberately bringing together people with different ways of thinking and problem-solving, which research links to better innovation and decision-making.
Question 7: An employer uses a personality test in hiring. Under EEOC guidance, the employer must be able to show the test:
- Was developed by a licensed psychologist
- Is valid and reliable for predicting job performance (Correct answer)
- Has been used in the industry for at least five years
- Costs less than alternative selection tools
Correct answer: Is valid and reliable for predicting job performance
The EEOC's Uniform Guidelines on Employee Selection Procedures require that any selection test be valid — i.e., demonstrably related to job performance — especially if it produces adverse impact.
USA Diversity and Inclusion in Hiring 3
What does 'intersectionality' mean in the context of workplace diversity?