FREE Professional in Human Resources - California (PHRca) Discrimination & Harassment Questions and Answers

Question 1

An employer in California has 10 employees.
An employee reports being subjected to unwelcome sexual jokes and comments by a supervisor that have created a hostile work environment.
The employer takes no action, believing that with fewer than 15 employees, they are exempt from anti-harassment laws.
Which of the following statements is true regarding this situation under California law?

Accepted Answer

The employer is liable for the supervisor's harassment, as California's anti-harassment laws apply to employers with one or more employees.

Answer

The employer is not liable because they have fewer than 15 employees, which is the federal threshold for Title VII.

Answer

The employer is only liable if the harassment resulted in a tangible employment action, such as termination or demotion.

Answer

The employer is only required to provide sexual harassment prevention training if they have 50 or more employees.

Question 2

A California employer with 50 employees implements a new policy that requires all employees to speak only English during working hours, including during breaks and in non-work areas, unless communicating with a non-English speaking customer. This policy is not based on business necessity. Which type of discrimination is most likely occurring here?

Accepted Answer

National origin discrimination

Answer

Age discrimination

Answer

Religious discrimination

Answer

Disability discrimination

Question 3

Which of the following actions constitutes 'quid pro quo' sexual harassment under California law?

Accepted Answer

A manager tells an employee that a promotion is contingent upon the employee agreeing to go on a date with the manager.

Answer

An employee is subjected to frequent offensive jokes and comments of a sexual nature by co-workers, making the work environment intolerable.

Answer

An employee receives an unwelcome compliment about their appearance from a colleague once.

Answer

A supervisor regularly discusses their personal dating life with subordinates during lunch breaks.

Question 4

An employee in California reports to HR that they are being harassed by a co-worker based on their sexual orientation. The employer, with 20 employees, conducts a prompt and thorough investigation, determines the harassment occurred, and takes immediate and appropriate corrective action. Which of the following statements best describes the employer's liability in this situation under FEHA?

Accepted Answer

The employer is generally not liable for co-worker harassment if they took immediate and appropriate corrective action.

Answer

The employer may still be liable for harassment if the corrective action did not completely stop the harassment, even if reasonable.

Answer

The employer is strictly liable for co-worker harassment and cannot avoid liability, regardless of their response.

Answer

The employer is exempt from liability because sexual orientation harassment is not covered under California law for employers with fewer than 50 employees.

Question 5

Under California law, which of the following is a key element that distinguishes a 'hostile work environment' from other forms of harassment?

Accepted Answer

The unwelcome conduct is severe or pervasive enough to alter the conditions of employment and create an abusive working environment.

Answer

It involves a direct exchange of sexual favors for employment benefits.

Answer

It must involve physical harm or threats of violence.

Answer

It must be perpetrated by a direct supervisor or someone in a position of authority.

Question 6

A California employer with 15 employees is conducting a round of layoffs. During the selection process, a manager explicitly states, 'We need to keep the younger, more energetic staff who are more tech-savvy.' Several employees over the age of 40 are subsequently laid off, despite having comparable performance and experience to younger, retained employees. Which anti-discrimination law is most directly implicated here?

Accepted Answer

Age Discrimination in Employment Act (ADEA) and Fair Employment and Housing Act (FEHA)

Answer

Americans with Disabilities Act (ADA)

Answer

California Family Rights Act (CFRA)

Answer

Title VII of the Civil Rights Act of 1964