PHRca Employee Relations and Lifecycle 3 — Questions and Answers
Question 1: During a workplace investigation in California, what is the primary obligation of the HR investigator regarding confidentiality?
- Guarantee complete confidentiality to all witnesses
- Maintain confidentiality to the extent possible without impeding the investigation (Correct answer)
- Share all findings with the accused immediately
- File a report with the DFEH within 30 days
Correct answer: Maintain confidentiality to the extent possible without impeding the investigation
Employers should maintain confidentiality to the extent possible, but cannot promise absolute confidentiality as other parties may need to be informed.
Question 2: Under California's FEHA, which of the following is NOT a protected characteristic?
- Marital status
- Political affiliation (Correct answer)
- Military and veteran status
- Genetic information
Correct answer: Political affiliation
Political affiliation is not a protected class under FEHA, though California does protect employees from retaliation for political activity under Labor Code §1101-1102.
Question 3: An employee who reports a Labor Code violation to the California Labor Commissioner is protected from retaliation under which law?
- CFRA
- California Whistleblower Protection Act (Labor Code §1102.5) (Correct answer)
- WARN Act
- FEHA
Correct answer: California Whistleblower Protection Act (Labor Code §1102.5)
Labor Code §1102.5 is California's broad whistleblower statute protecting employees who report suspected violations of law to government agencies or internally.
Question 4: When using progressive discipline in California, what is the most critical documentation requirement to protect against wrongful termination claims?
- Using identical language in all disciplinary notices
- Consistent application across similarly situated employees with detailed written records (Correct answer)
- Requiring the employee to sign all disciplinary notices
- Issuing discipline only after three verbal warnings
Correct answer: Consistent application across similarly situated employees with detailed written records
Consistent application of discipline and thorough written documentation are the strongest defenses against discrimination or wrongful termination claims.
Question 5: California's interactive process requirement under FEHA obligates employers to engage in good-faith discussion with an employee with a disability. This process must be triggered by:
- Only a formal written accommodation request
- Any indication the employee may need an accommodation, even informal (Correct answer)
- A physician's note specifying the exact accommodation required
- HR's unilateral determination that accommodation is needed
Correct answer: Any indication the employee may need an accommodation, even informal
The interactive process is triggered whenever the employer becomes aware of a potential need for accommodation, regardless of whether a formal request is made.
Question 6: Under California law, an employee placed on a performance improvement plan (PIP) continues to accrue sick leave and vacation during the PIP period. This is because:
- PIPs are considered a form of medical leave
- California treats accrued benefits as wages that cannot be withheld during active employment (Correct answer)
- Federal law supersedes any company policy
- Accrual depends solely on the employment contract
Correct answer: California treats accrued benefits as wages that cannot be withheld during active employment
California treats accrued vacation as earned wages under Labor Code §227.3, and benefits cannot be withheld from an active employee regardless of performance status.
Question 7: Which of the following scenarios most clearly constitutes a hostile work environment under California FEHA?
- A single off-color joke made by a coworker
- A supervisor consistently making ethnic slurs in team meetings over several months (Correct answer)
- An employee feeling socially excluded from lunch groups
- A manager giving critical performance feedback in a direct tone
Correct answer: A supervisor consistently making ethnic slurs in team meetings over several months
A hostile work environment requires conduct that is severe or pervasive based on a protected class; repeated ethnic slurs in an official setting over time meets this standard.
PHRca Employee Relations and Lifecycle 3
During a workplace investigation in California, what is the primary obligation of the HR investigator regarding confidentiality?