PHRca CA Employment and Staffing 4 — Questions and Answers
Question 1: California's SB 1162 (effective January 1, 2023) requires employers with 15 or more employees to include what information in job postings?
- Expected number of hires per quarter
- Pay scale or salary range for the position (Correct answer)
- Names of all hiring managers
- Benefits package cost to employees
Correct answer: Pay scale or salary range for the position
SB 1162 requires employers to include the pay scale or hourly wage range in all job postings to promote pay transparency and equity.
Question 2: Under California law, an employer who makes a preliminary decision to rescind a conditional offer based on a criminal conviction must do which of the following?
- Immediately rescind the offer and send written notice
- Provide the applicant with a copy of the background report and at least 5 business days to respond before a final decision (Correct answer)
- Consult with the California Labor Commissioner before rescinding
- File a notice with the Civil Rights Department
Correct answer: Provide the applicant with a copy of the background report and at least 5 business days to respond before a final decision
The Fair Chance Act requires employers to notify the applicant with a copy of the report, the disqualifying conviction, and the individualized assessment, allowing at least 5 business days to respond.
Question 3: Which of the following questions is LAWFUL for a California employer to ask during a pre-employment interview?
- Have you ever been convicted of a felony?
- Are you able to work the required schedule with or without reasonable accommodation? (Correct answer)
- Do you have any physical limitations we should know about?
- What is your current salary?
Correct answer: Are you able to work the required schedule with or without reasonable accommodation?
Employers may ask whether an applicant can perform essential functions with or without accommodation, as this is a neutral, job-related inquiry that does not seek protected information.
Question 4: California prohibits employers from retaliating against applicants who refuse to sign an arbitration agreement as a condition of employment. Which law establishes this protection?
- AB 51 (Correct answer)
- SB 73
- AB 1825
- SB 1300
Correct answer: AB 51
AB 51 prohibits employers from requiring applicants or employees to waive their right to pursue employment discrimination claims in court as a condition of employment, though federal preemption has complicated enforcement.
Question 5: Under the California FEHA, which of the following is a protected characteristic that federal Title VII does NOT explicitly cover?
- Race
- National origin
- Marital status (Correct answer)
- Religion
Correct answer: Marital status
California's FEHA explicitly prohibits employment discrimination based on marital status, which is a protection not found in federal Title VII.
Question 6: A California employer is reviewing resumes and notices an applicant's graduation year suggests they are over 50. Refusing to interview this applicant would violate which law?
- California's Age Discrimination in Employment Act (CADEA)
- FEHA, which prohibits age discrimination against persons 40 and older (Correct answer)
- California's Unruh Civil Rights Act
- The federal ADEA only
Correct answer: FEHA, which prohibits age discrimination against persons 40 and older
FEHA prohibits discrimination against workers 40 years of age or older in all aspects of employment, including the hiring and interview process.
Question 7: California employers must provide a pamphlet from the California Department of Fair Employment and Housing to applicants. When must this pamphlet be provided?
- Only after a job offer is made
- At the time of application or interview (Correct answer)
- Only to employees, not applicants
- Within 30 days of hire
Correct answer: At the time of application or interview
Employers must provide the DFEH's sexual harassment pamphlet (now CRD pamphlet) informing applicants of their rights at the time of application or interview.
PHRca CA Employment and Staffing 4
California's SB 1162 (effective January 1, 2023) requires employers with 15 or more employees to include what information in job postings?