Module 5.1C: Diversity and Inclusion

Question 1

What is Bona Fide Occupational qualification (BFOQ)?

Answer 1

refers to a quality or attribute that employers are allowed to consider when making hiring and retention decisions—qualities and attributes that might otherwise constitute discrimination, such as age, gender, physical appearance, or religious affiliation

Question 2

What are examples of legitimate BFOQ?

Answer 2

• Mandatory retirement ages for bus drivers and airline pilots
• A call for male models to advertise men’s clothing
• Religious beliefs for parochial schools and institutions

Question 3

What is Sex & Gender Diversity?

Answer 3

Title VII of the Civil Rights Act of 1964, which prohibits sex-based discrimination, includes gender identity, transgender status, and sexual orientation

maternity/paternity leave
covers pregnancy, abortion, childbirth, and gender-affirming surgery group insurance

Question 4

What is Cultural Diversity?

Answer 4

encompasses several factors, but usually refers to differences in language, ethnicity, and/or national origin

Cultural diversity overlaps with other types of diversity, such as racial and religious, but it is important to know that these groups are not homogenous.

Question 5

What is Racial Diversity?

Answer 5

a commonly recognized type of diversity

Studies have shown that unconscious bias may be at play, however awareness drastically reduces bias at all stages of employment. Anti-discrimination training for decision-makers within the organization can help identify and eliminate biases.

Question 6

What is Religious Diversity?

Answer 6

incredibly personal, but that doesn’t mean they never impact the workplace.

influence worldview and behavior, they may affect the workplace more than race or sex.

Question 7

What is Ability Diversity?

Answer 7

refers to a workforce that includes individuals with disabilities.

necessary to achieve ability diversity, but what constitutes accessibility varies.

accessibility refers to the ability to maneuver a wheelchair through the facility.

accessibility could mean offering American Sign Language (ASL) interpretation transcript of training.

Question 8

What is Inclusion?

Answer 8

Inclusion, on the other hand, is recognizing and valuing the contributions that diverse individuals bring to the workforce.

Presence of a culture that respects and values difference.

Workplace inclusion is ensuring all individuals are given the same opportunities regardless of protected class protected class status.

Question 9

What is protected class?

Answer 9

A group of people who are protected from discrimination based on certain personal characteristics including race, religion, color, sex, age, and ability.

Question 10

What is homogenous?

Answer 10

Quality of containing little to no variation

Question 11

What are Anti-discrimination training?

Answer 11

Anti-discrimination training, as well as trainings on unconscious bias, are steppingstones to a diverse and inclusive workplace.

Question 12

What is diverse workforce?

Answer 12

A diverse workforce that is supported through inclusion can cause a shift in organizational culture.

Question 13

What is workforce?

Answer 13

A diverse workforce brings new ideas and perspectives to the organization

The more inclusive the organizational culture, the more attractive the organization becomes to a varied talent pool.

Question 14

What is workplace culture?

Answer 14

Inclusion and diversity in the workplace have a major impact on the work environment

An organization that prioritizes inclusion cultivates a culture that appreciates difference.

A culture that values inclusion provides employees the space and support to excel.

Question 15

What is community?

Answer 15

Corporate social responsibility is quickly becoming the standard across industries

A demonstrated commitment to diversity and inclusion is part of what makes an organization socially responsible.

Connecting with and supporting diverse communities, through volunteering or philanthropy

Question 16

What are vendors and consumers?

Answer 16

A diverse organization is better prepared to meet the needs of diverse consumers and shareholders.

Another way that an organization’s commitment to diversity and inclusion impacts the marketplace is through the choice of vendors.

Question 17

What is organizational culture?

Answer 17

The impact of organizational culture on diversity cannot be overstated

A culture that merely tolerates difference is not inclusive.

A culture of inclusion supports and encourages employee difference.

Question 18

What are hiring practices?

Answer 18

Organizations are careful to avoid even the appearance of discriminatory hiring practices.

The next step is to identify and eliminate any unconscious biases that may be at play throughout the entire hiring process, from recruitment to onboarding.

Blind hiring and pre-hiring personality assessments are two strategies to reduce hiring bias.

Question 19

What is industry?

Answer 19

Some industries have historically employed one gender

Other industries may have historically employed individuals with similar backgrounds or education

These industries face an uphill battle to increase diversity.

Question 20

What is location?

Answer 20

the availability of housing and public transportation near an organization’s facility can influence employee diversity.

Question 21

What is Assess?

Answer 21

The first step to increasing workplace diversity is to determine current organizational diversity.

Many organizations discover they have diversity among entry-level employees, but that diversity decreases with each step up the corporate ladder.

Question 22

What is Raise Awareness?

Answer 22

A successful diversity and inclusion strategy requires buy-in at every level within the organization, starting at the top

The entire workforce needs to be aware that organizational leadership, HR, and other stakeholders are committed to diversity and inclusion

Question 23

What is Define Strategy?

Answer 23

Without clearly defined policies and procedures designed to increase diversity and foster inclusion, any strategy is unlikely to succeed

The plan should specify steps to address diversity and inclusion at all levels of employment

Question 24

What is Implement?

Answer 24

After the strategy has been clearly defined, it is time to implement the planned changes

Many components such as rewording job descriptions, scheduling diversity and anti-discrimination training, and identifying baseline metrics are the responsibility of HR.

Question 25

What is Train?

Answer 25

Existing employees need to be trained on policy or procedure changes incorporated into the diversity and inclusion strategy.

Anti-discrimination training should be conducted for all employees on a regular basis.

Question 26

What is the Equal Pay Act 1963?

Answer 26

1963: An amendment to the Fair Labor Standards Act (FLSA), the Equal Pay Act made it illegal to pay different wages to men and women who perform the same work.

In other words, equal pay must be given for equal work, regardless of the sex.

Wage differences between men and women in the same role are allowed if they are based on a system that measures productivity fairly using factors other than sex.

Question 27

What is Title VII Civil Rights Act 1964?

Answer 27

1964: The concept of protected classes within the workforce was established in Title VII of the Civil Rights Act of 1964
It defined a protected class as a group of people who share personal characteristics and are protected from discrimination on the basis of those characteristics.
Title VII also introduced the concepts of disparate treatment and disparate impact as forms of unlawful employment practices.

Question 28

What is disparate treatment?

Answer 28

Disparate treatment is when employers have different requirements for different groups. For example, requiring a drug test from only certain minority groups as a condition of employment is disparate treatment.

Question 29

What is disparate impact?

Answer 29

Disparate impact, on the other hand, can result from employment practices that may not appear discriminatory but still have an adverse impact on members of protected classes. Disparate impact may be unintentional discrimination, but it is still unlawful.

Question 30

What is ADEA 1967?

Answer 30

1967: The Age Discrimination in Employment Act prohibits employment practices that discriminate against individuals over 40 years old.

Specifically, it is unlawful to discriminate against people over 40 years when making decisions regarding hiring, promotions, layoffs, wages, and terminations.

Additionally, the ADEA prohibits age limits, denial of benefits based on age, and mandatory retirement in most industries.

Question 31

What is Rehabilitation Act of 1973?

Answer 31

1973: The Rehabilitation Act expands the employment opportunities for individuals with disabilities, whether physical or mental.

organizations with federal contracts for $10,000 and above are prohibited from employment discrimination and unlawful termination of individuals with disabilities.

Question 32

What is the Pregnancy Discrimination?

Answer 32

1978: The Pregnancy Discrimination Act prohibits discrimination on the basis of pregnancy, childbirth, or any medical conditions related to pregnancy and/or childbirth.

The PDA was enacted after a U.S. Supreme Court decision determined that discrimination against pregnant employees did not qualify as sex discrimination under Title VII of the Civil Rights Act.

The PDA establishes pregnancy as a temporary disability under the law and as such, pregnant individuals are entitled to the same protections and reasonable accommodations as individuals with other disabilities

Question 33

What is ADA?

Answer 33

1990: Based in part on the Rehabilitation Act, the Americans with Disabilities Act established individuals with disabilities as a protected class. As a result, the ADA extends civil rights protections and prohibits employment discrimination against individuals with mental and physical disabilities.

Under the ADA, organizations are required to ensure that their facilities are accessible to individuals with disabilities and make adjustments to position requirements to accommodate qualified individuals with disabilities

If the accommodations necessary place an excessive burden on the organization, they are considered an undue burden and are not required by the ADA.

Question 34

What are the Civil Rights Act of 1991?

Answer 34

1991: The Civil Rights Act of 1991 was written to address multiple issues regarding discrimination. It clarified concepts such as disparate impact, job relatedness, and business necessity, while expanding the scope of civil rights statutes.

CRA of 1991 outlined specific remedies and consequences for unlawful harassment and intentional discrimination in the workplace.

Question 35

What is the 1994 USERRA?

Answer 35

1994: The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects members of the U.S. armed forces from losing their civilian jobs when called to active duty.

organizations are required to reemploy military personnel called to serve, provided the cumulative time served is no more than five years.

Military personnel who are injured or disabled in the course of their service are provided employment status for up to two years during recovery. Organizations must also provide reasonable accommodations for veterans who return from service with a disability.

Question 36

What is the 2008 GINA?

Answer 36

2008: The Genetic Information Nondiscrimination Act was enacted in the wake of scientific advancements in the area of genetic testing
GINA prohibits organizations from using genetic

information to discriminate against employees or their families.

organizations are prohibited from purchasing, requiring, or requesting genetic information from employees

Question 37

What are CA laws?

Answer 37

Notable examples of non-federal laws and regulations are included below.

California law explicitly extends the protections under Title VII to employees on the basis of marital status, sexual orientation, and gender identity.

federal regulations generally only apply to organizations with at least 15 or 20 employees, California’s Fair Employment and Housing Act applies to most organizations with 5 or more employees.

Question 38

What are Missouri laws?

Answer 38

The Missouri Human Rights Act increases the standard of proof required for claims of discrimination.

discrimination based on the protected classification must be the motivating factor behind the action.

Question 39

What are NY laws?

Answer 39

Some laws and regulations to promote diversity focus on prevention to create an inclusive environment

requires all organizations with one or more employees to provide anti-sexual harassment training.

requires all organizations with 15 or more employees to conduct annual anti-sexual harassment training for all employees.

Question 40

What is an employee resource group?

Answer 40

a group of employees, recognized by the employer, who share a common personal characteristic.

provide camaraderie among employees and in some instances, that is all they do.

serve as a resource to the organization by providing feedback, guidance, and raising concerns applicable to their shared group that might go unrecognized by those outside of it.

ERGs are also able to identify the unique needs of diverse consumers

Question 41

What are Affirmative Action Plans (AAPs)?

Answer 41

Affirmative Action Plans (AAPs), also known as Affirmative Action Programs, are tools that organizations use to ensure they are providing opportunities for an underrepresented or disadvantaged minority group.

Organizations with certain federal contracts and 50 or more employees are required by federal law to create AAPs that are updated on a yearly basis.

As with any diversity and inclusion strategy, AAPs should be multifaceted and include specific strategies to achieve the organization’s stated goals.

Question 42

An employer can use which of the following to counter a charge of sex discrimination?

Answer 42

BFOQ & business necessity defenses

Question 43

The best course of action in addressing an employee’s request not to work on Saturdays because of religious reasons is to:

Answer 43

determine if other employees will voluntarily make schedule adjustments

Question 44

A data entry clerk at a small, start up organization has brought in medical documentation indicating an inability to perform the essential functions of the position due to receptive motion disorder.

What action should the employer take first?

Answer 44

review medical documentation against essential job functions