PHRca Hiring and Onboarding Practices 3 — Questions and Answers
Question 1: A California employer rescinded a conditional job offer after a background check revealed a prior conviction. Which individualized assessment factor is NOT required by AB 1008?
- Nature and gravity of the offense
- Time elapsed since the offense
- Current credit score of the applicant (Correct answer)
- Nature of the job sought
Correct answer: Current credit score of the applicant
AB 1008 requires individualized assessment based on offense gravity, time elapsed, and job relevance—credit score is not a required factor.
Question 2: Under the California WARN Act, what is the minimum number of employees that triggers its applicability?
- 50 employees
- 75 employees (Correct answer)
- 100 employees
- 150 employees
Correct answer: 75 employees
The California WARN Act applies to employers with 75 or more full or part-time employees, a lower threshold than the federal WARN Act's 100.
Question 3: A California employer conducts a reference check and learns the candidate was terminated for workplace violence. Which law most directly governs the prior employer's ability to share that information?
- California Defamation Act
- California Civil Code Section 47(c) qualified privilege (Correct answer)
- CCPA business-to-business exemption
- NLRA Section 7
Correct answer: California Civil Code Section 47(c) qualified privilege
California Civil Code Section 47(c) provides a qualified privilege for employer-to-employer communications in reference checks, protecting good-faith disclosures from defamation claims.
Question 4: What document must California employers provide to new hires regarding Sexual Harassment prevention under Government Code 12950.1?
- A signed arbitration agreement
- A pamphlet on sexual harassment prepared by the DFEH/CRD (Correct answer)
- A copy of the employee handbook only
- A mandatory class attendance confirmation
Correct answer: A pamphlet on sexual harassment prepared by the DFEH/CRD
Government Code 12950.1 requires employers to provide new hires with a pamphlet on sexual harassment prepared or approved by the Civil Rights Department (formerly DFEH).
Question 5: An employer in California plans to use a skills test during hiring. To minimize disparate impact liability under FEHA, the employer should FIRST:
- Administer the test only after a conditional offer
- Validate the test for job-relatedness and business necessity (Correct answer)
- Limit the test to managerial candidates only
- Obtain EEOC pre-approval before use
Correct answer: Validate the test for job-relatedness and business necessity
Validation studies demonstrating job-relatedness and business necessity are the primary defense against disparate impact claims under both FEHA and EEOC Uniform Guidelines.
Question 6: California requires most employers to provide sexual harassment prevention training. For non-supervisory employees, what is the minimum training duration?
- 30 minutes
- 1 hour (Correct answer)
- 2 hours
- 3 hours
Correct answer: 1 hour
Under SB 1343, non-supervisory employees must receive at least 1 hour of sexual harassment prevention training every two years.
Question 7: A California employer wants to include a mandatory arbitration clause in its offer letter. What does AB 51 (as currently in effect) state about requiring arbitration as a condition of employment?
- It is fully permissible with 30 days' notice
- AB 51 prohibited mandatory arbitration as a condition of employment for FEHA and Labor Code claims, though federal preemption has been contested in courts (Correct answer)
- Arbitration agreements are completely unenforceable in California
- Only executive employees may be required to sign arbitration agreements
Correct answer: AB 51 prohibited mandatory arbitration as a condition of employment for FEHA and Labor Code claims, though federal preemption has been contested in courts
AB 51 attempted to ban mandatory arbitration agreements for employment as a condition of hiring, but federal FAA preemption has led to ongoing litigation; HR professionals must monitor current injunction status.
PHRca Hiring and Onboarding Practices 3
A California employer rescinded a conditional job offer after a background check revealed a prior conviction.
Which individualized assessment factor is NOT required by AB 1008?