PHRca Hiring and Onboarding Practices 3

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A California employer rescinded a conditional job offer after a background check revealed a prior conviction.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?

Accepted Answer

Current credit score of the applicant

Answer

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?

Accepted Answer

75 employees

Answer

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?

Accepted Answer

California Civil Code Section 47(c) qualified privilege

Answer

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?

Accepted Answer

A pamphlet on sexual harassment prepared by the DFEH/CRD

Answer

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:

Accepted Answer

Validate the test for job-relatedness and business necessity

Answer

Validation studies demonstrating job-relatedness and business necessity are the primary defense against disparate impact claims under both FEHA and EEOC Uniform Guidelines.

PHRca - Professional in Human Resources - California Practice Test

PHRca - Professional in Human Resources - California Practice Test

PHRca Hiring and Onboarding Practices 3