HRM 460 Exam 2 Flashcards

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Questions and Answers

How long can an employee take leave based on PDL?

up to 4 months

What additional leave may an employee be entitled to after exhausting FMLA/PDL?

No additional leave

4 months of PDL leave

12 weeks of CFRA baby bonding leave (correct)

8 weeks of CFRA leave

FMLA leave can be taken concurrently with PDL.

True

Job protection is not guaranteed during PDL.

False Signup and view all the answers

What makes harassment unlawful?

Conduct based on a protected category Signup and view all the answers

What are the protected categories?

<ol> <li>Race / Color (2 sep categories) 2) National Origin 3) Ancestry 4) Sex/Gender (incl gender stereotypes) 5) Sexual Orientation (CA but not Federal) 6) Pregnancy (includes perceived) 7) Citizen Status 8) Marital Status 9) Age (>= 40 in CA & Fed) 10) Religion (or lack of religious beliefs) 11) Disability 12) Medical Condition: cancer (incl remission), HIV/AIDs, etc 13) Whistleblower 14) Military Service 15) FMLA/CFRA/Work Comp</li> </ol> Signup and view all the answers

Define Hostile Work Environment.

<ol> <li>Unwelcomed behavior (subjective); 2) Offensive to the reasonable man or woman; 3) Severe or pervasive (ongoing basis); 4) Alters working conditions to create an abusive working environment; 5) Based on one of the protected categories.</li> </ol> Signup and view all the answers

What are the four categories of harassing behavior?

<ol> <li>Verbal 2) Physical 3) Visual 4) Sexual favors (quid pro quo)</li> </ol> Signup and view all the answers

Who do harassment laws apply to?

Those who are perceived to be part of a protected category or associate with a protected category. Signup and view all the answers

Who is liable for sexual harassment?

Supervisors are personally liable for harassment under CA law (FEHA) but cannot be held liable for discrimination. Signup and view all the answers

Employer liability for sexual harassment also extends to ______.

non-employees and third parties Signup and view all the answers

What is the name of the law in California that covers harassment?

Fair Employment & Housing Act (FEHA). Signup and view all the answers

What types of behaviors may be considered retaliation?

Retaliating against a witness participating in an investigation, firing an employee for complaining, denying pay raises, termination or demotion occurring close in time of filing complaint. Signup and view all the answers

What does the law require of employers to prevent harassment in the workplace?

Anti-harassment policies that contain effective internal complaint procedures, 'reasonable steps' in a multilingual workplace, fair and prompt investigation, posting and notice requirements. Signup and view all the answers

What are the required posting and notices for sexual harassment?

1 or more employees must post DFEH (state) poster and distribute pamphlet on sexual harassment on day of hire or by 1st paycheck; 15 or more employees must post EEOC (federal) poster. Signup and view all the answers

When is supervisor harassment prevention training mandatory?

Mandatory for CA employers with more than 50 employees and must take place within 6 months of hire or promotion. Signup and view all the answers

What are the federal laws prohibiting employment discrimination?

<ol> <li>Title VII of the Civil Rights Act of 1964 2) Pregnancy Discrimination Act of 1978 3) Age Discrimination in Employment Act (ADEA) 4) Equal Pay Act.</li> </ol> Signup and view all the answers

What does discrimination mean in the employment context?

Treating someone differently with respect to a personnel action based on a protected class. Signup and view all the answers

What are the common pitfalls of employee evaluations?

<ol> <li>The Halo Effect: overly positive reviews; 2) The hard grader: overly critical managers.</li> </ol> Signup and view all the answers

What is 'reasonable accommodation'?

Any modification or adjustment in a job, an employment practice or the work environment that allows an individual with a disability to enjoy an equal employment opportunity. Signup and view all the answers

How to engage in the interactive process for reasonable accommodation?

Determine essential functions, consult with disabled employee, identify potential accommodations, and implement appropriate accommodations. Signup and view all the answers

What are examples of reasonable accommodations?

Modified work schedule, leave of absence, job restructuring, transfer or reassignment, work-at-home arrangements. Signup and view all the answers

What does FMLA/CFRA provide and to whom?

Up to 12 weeks unpaid leave for medical condition of self or family member; FMLA gives up to 26 weeks of unpaid leave to care for a military service member. Signup and view all the answers

What are the eligibility requirements for FMLA and CFRA?

MUST ESTABLISH AND SATISFY ALL 3 → 12 months employed, 1250 hours worked in preceding year, 50 employees within 75 miles. Signup and view all the answers

What are the key differences between FMLA and CFRA?

FMLA does not recognize domestic partnerships while CFRA does; CFRA does not cover pregnancy disability. Signup and view all the answers

Study Notes

Harassment and Protection Laws

Harassment becomes unlawful when it is based on a protected category.

Protected Categories

Includes: Race, National Origin, Ancestry, Sex/Gender (including gender stereotypes), Sexual Orientation (state-specific), Pregnancy (includes perceived), Citizenship Status, Marital Status, Age (40+), Religion, Disability, Medical Conditions, Whistleblower status, Military Service, and specific family leave laws.

Hostile Work Environment

Defined by unwelcome behavior that is offensive and severe or pervasive, creating an abusive work atmosphere linked to protected categories.

Types of Harassing Behavior

Categories include Verbal, Physical, Visual, and Sexual favors (quid pro quo).

Harassment Law Applicability

Laws apply to those perceived as part of protected categories or those associating with them.

Liability in Sexual Harassment

Supervisors can be personally liable for harassment, but not for discrimination or failing to act against harassment by others.

Employer Liability for Harassment

Employers are liable for harassment involving non-employees and third parties.

Employee Liability and Company Reimbursement

Employees can be held personally liable for harassment, but companies must reimburse them for expenses incurred in their duties.

California Employment Harassment Law

Governed by the Fair Employment & Housing Act (FEHA), enforced by the California Department of Fair Employment & Housing (DFEH).

Retaliation Considerations

Retaliation can include actions against witnesses, firing for complaints, denial of pay raises, or adverse actions shortly after a complaint is filed.

Employer Responsibilities in Preventing Harassment

Requires anti-harassment policies, effective internal complaint procedures, appropriate investigations, and compliance with posting and notice requirements.

Posting and Notice Requirements

For employers with one or more employees, a DFEH poster and pamphlet must be posted; for 15 or more employees, an EEOC poster is also required.

Supervisor Training Requirements

Mandatory harassment prevention training for employers with over 50 employees, to occur within six months of hiring or promotion, with retraining every two years.

State Laws Prohibiting Discrimination

Includes FEHA, California Pregnancy Disability Leave Law (PDL), and CFRA applicable to public and private employers based on employee count.

Federal Laws Against Discrimination

Includes Title VII of the Civil Rights Act, Pregnancy Discrimination Act, Age Discrimination in Employment Act (ADEA), and Equal Pay Act.

Definition and Examples of Discrimination

Discrimination involves treating someone differently based on a protected class, evident in actions like reduced pay, hiring refusals, promotions denied, or failure to accommodate disabilities.

Protection for Older Workers

Enforced by FEHA and ADEA, ensuring protections against age discrimination.

Disparate Treatment vs. Disparate Impact

Disparate Treatment: Explicit discrimination due to protected class status.
Disparate Impact: Neutral practices that inadvertently discriminate against protected groups.

Employee Discrimination Claims

Plaintiffs must demonstrate membership in a protected class, competent performance, adverse employment action, and circumstances suggesting discriminatory motives.

Employer Liability for Discrimination and Retaliation

Employers are liable for discrimination, with no personal liability for supervisors in California.

Employer Obligations to Prevent Discrimination

Includes posting requirements, non-discriminatory hiring practices, fair complaint handling, and unbiased personnel decisions.

Employee Evaluation Pitfalls

Common issues include "Halo Effect" (overly positive reviews) and excessively harsh grading by managers.

Disability Discrimination Laws

Governed by federal ADA and state FEHA, addressing protections for employees with disabilities.

Definition of a Disabled Worker

Under California law: Limited impairment affecting major life activities.
Under federal law: Substantially limits one or more major life activities.

Comparisons of Disability Definitions

ADA includes records of impairment or perceived impairments; FEHA extends coverage to those with historical impairments that are not currently disabling.

Qualified Individuals with Disabilities

Those capable of performing essential job functions with or without reasonable accommodation.

Reasonable Accommodations

Adjustments allowing individuals with disabilities to enjoy equal employment opportunities, considering financial burdens for employers.

Undue Hardship Definition

Primarily evaluated in terms of financial cost rather than operational disruption.

"Regarded As" Disability

Coverage exists if an employer perceives an employee as having an impairment that prompts negative employment actions.

Unreasonable Accommodation Examples

Creating new positions, violating employee seniority rights, and granting indefinite leaves are examples of accommodations deemed unreasonable.

Interactive Process Requirements

Employers must engage in a good faith, timely process regarding accommodations and implement reasonable solutions.

Steps for the Interactive Process

Identify essential job functions, consult with the employee, identify accommodations, and implement the most suitable option.

HR Professional Responsibilities

Promote timely engagement in the interactive process and maintain cooperation between employer and employee throughout accommodation discussions.

Reasonable Accommodation Examples

Can include modified schedules, leave of absence, job restructuring, reassignment, remote work options, and policy modifications.

Leave of Absence Laws

Governed by FMLA, CFRA, and state-specific laws like PDL and Worker's Compensation, detailing entitlements and protections.

Eligibility for FMLA and CFRA

Employees must meet 12 months of service, 1,250 hours worked in the previous year, and the presence of 50 employees in the vicinity.

FMLA vs. CFRA Differences

FMLA does not recognize domestic partnerships; CFRA does and does not cover pregnancy disability.

Leave Calculation Methods

Rolling backward (12 months from leave date), Calendar Year, or fixed twelve-month period approaches.

FMLA Required Notices

Employers must provide general, eligibility, rights, and designation notices within specified timeframes.

ADA/FEHA Leave Duration

Open-ended leave based on effective reasonable accommodations, including adjustments to the work environment.

Key Differences Between FMLA/CFRA and ADA/FEHA

FMLA/CFRA offers job protection and is limited to 12 weeks, whereas ADA/FEHA provides ongoing accommodations without job protection.

Leave Entitlement Under Workers' Compensation

Open-ended leave persists until the compensation claim is resolved.

Concurrent and Consecutive Leave Details

FMLA and CFRA can run concurrently with other leaves, such as workers’ compensation while pregnancy leave runs concurrently only with FMLA benefits.

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Test your knowledge on harassment laws and protected categories with these flashcards for HRM 460. Learn about unlawful conduct and the various categories that are protected under the law. Perfect for exam preparation and review.