California State Jobs Exam Equal Employment Opportunity and Civil Rights 2 — Questions and Answers
Question 1: "Quid pro quo" harassment in the workplace occurs when:
- An employee is subjected to a hostile work environment based on a protected characteristic
- A supervisor conditions job benefits or threatens adverse action based on submission to sexual advances (Correct answer)
- An employer retaliates against an employee for reporting discrimination
- A neutral policy disproportionately affects a protected group
Correct answer: A supervisor conditions job benefits or threatens adverse action based on submission to sexual advances
Quid pro quo harassment (Latin for 'this for that') occurs when a supervisor makes employment decisions conditional on an employee's submission to unwelcome sexual or other improper advances.
Question 2: Under the ADA and California FEHA, an employer must provide reasonable accommodations for employees with disabilities unless doing so would cause:
- Any additional cost to the employer
- A temporary disruption in normal workflow
- Undue hardship on the employer's business (Correct answer)
- A modification to the employee's job title
Correct answer: Undue hardship on the employer's business
Employers must provide reasonable accommodations for employees with disabilities unless the accommodation would impose an 'undue hardship' — significant difficulty or expense relative to the employer's resources.
Question 3: Retaliation in an employment discrimination context is prohibited when an employer takes adverse action against an employee for:
- Filing a workers' compensation claim only
- Any protected activity, such as opposing discrimination or participating in an EEO investigation (Correct answer)
- Taking an excessive number of sick days
- Requesting a lateral transfer to another department
Correct answer: Any protected activity, such as opposing discrimination or participating in an EEO investigation
Retaliation is prohibited when an employer takes adverse employment action against an employee for engaging in protected activity, which includes filing complaints, opposing discriminatory practices, or participating in investigations.
Question 4: Under California's FEHA, how long does an employee generally have to file a discrimination complaint with the California Civil Rights Department?
- 90 days from the discriminatory act
- 300 days from the discriminatory act
- One year from the discriminatory act
- Three years from the discriminatory act (Correct answer)
Correct answer: Three years from the discriminatory act
California's FEHA provides employees three years from the date of the alleged discriminatory act to file a complaint with the California Civil Rights Department, which is longer than the federal EEOC deadline.
Question 5: Which of the following best describes a "hostile work environment" harassment claim?
- An employee is terminated without documented cause
- Unwelcome conduct based on a protected characteristic is severe or pervasive enough to alter working conditions (Correct answer)
- An employer fails to promote a qualified employee based on seniority alone
- An employee is required to work overtime without additional compensation
Correct answer: Unwelcome conduct based on a protected characteristic is severe or pervasive enough to alter working conditions
A hostile work environment exists when unwelcome conduct based on a protected characteristic is severe or pervasive enough to create an abusive or intimidating work environment that alters the terms of employment.
Question 6: Which of the following is the clearest example of "disparate treatment" discrimination?
- A written aptitude test that fewer minority candidates pass, applied equally to all applicants
- Refusing to consider women for supervisory roles based on assumptions about leadership ability (Correct answer)
- An attendance policy that more frequently disqualifies employees who have chronic health conditions
- A performance system that produces statistically different results across demographic groups
Correct answer: Refusing to consider women for supervisory roles based on assumptions about leadership ability
Disparate treatment is intentional discrimination — the employer treats individuals differently because of a protected characteristic, as when women are excluded from certain roles based on gender-based assumptions.
Question 7: The Pregnancy Discrimination Act of 1978 amended which major civil rights law to clarify that pregnancy discrimination is a form of sex discrimination?
- The Equal Pay Act of 1963
- Title VII of the Civil Rights Act of 1964 (Correct answer)
- The Age Discrimination in Employment Act
- The Rehabilitation Act of 1973
Correct answer: Title VII of the Civil Rights Act of 1964
The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964 to explicitly prohibit discrimination based on pregnancy, childbirth, or related medical conditions as a form of sex discrimination.
California State Jobs Exam Equal Employment Opportunity and Civil Rights 2
"Quid pro quo" harassment in the workplace occurs when: