Equal Employment Opportunity and Civil Rights Flashcards

California's FEHA generally applies to employers with how many or more employees for most anti-discrimination protections?

Answer: 5 or more employees

California's FEHA generally applies to employers with 5 or more employees, which is lower than the 15-employee threshold required under federal Title VII, giving California workers broader coverage.

The concept of "intersectionality" in employment discrimination law refers to:

Answer: How multiple overlapping protected characteristics can combine to create unique forms of discrimination

Intersectionality recognizes that employees who belong to multiple protected groups may face unique forms of discrimination that cannot be fully understood by examining each protected characteristic in isolation.

When a California state employer becomes aware of potential workplace harassment, what is their legal obligation?

Answer: Promptly investigate the situation and take appropriate corrective action

California employers have a legal duty under FEHA to promptly and thoroughly investigate harassment complaints and take appropriate corrective action, regardless of whether a formal complaint has been filed.

What is the primary goal of an affirmative action plan in California state employment?

Answer: Proactively recruit, hire, and promote members of underrepresented groups to address historical imbalances

Affirmative action plans are designed to proactively address historical imbalances by taking positive steps to recruit, hire, and promote underrepresented groups — not to establish quotas or guarantee hiring outcomes.

California's Proposition 209, passed by voters in 1996, prohibits the state from:

Answer: Discriminating against or granting preferential treatment based on race, sex, color, ethnicity, or national origin in public employment

Proposition 209 (the California Civil Rights Initiative) amended the California Constitution to prohibit state and local governments from discriminating against or granting preferential treatment based on race, sex, color, ethnicity, or national origin in public employment, education, and contracting.

Under both the ADA and California FEHA, a "disability" is defined as:

Answer: A physical or mental impairment that limits one or more major life activities

Both the ADA and FEHA define disability broadly as any physical or mental impairment that limits one or more major life activities, including episodic conditions and those in remission.

An employer who enforces an "English-only" workplace rule must generally demonstrate that the rule:

Answer: Is justified by a legitimate business necessity such as safety or essential job functions

English-only workplace rules may constitute national origin discrimination under FEHA unless the employer can show the rule is justified by a legitimate business necessity, such as safety requirements or essential communication functions.