PHRca Professional in Human Resources-California MCQ 5 — Questions and Answers
Question 1: Under California's Unruh Civil Rights Act, which entities are required to provide equal access without discrimination?
- Only government agencies and public schools
- All business establishments in California (Correct answer)
- Only employers with more than 15 employees
- Only businesses that receive state funding
Correct answer: All business establishments in California
The Unruh Civil Rights Act applies to all business establishments in California, requiring equal, full, and free accommodations without discrimination.
Question 2: Under California law, what is the employer's obligation when an employee's religious belief conflicts with a workplace policy?
- The employer must grant all religious accommodation requests without exception
- The employer must provide reasonable accommodation unless it causes undue hardship (Correct answer)
- Religious beliefs are not protected in private employment in California
- The employer must defer to the employee's request if it can be documented
Correct answer: The employer must provide reasonable accommodation unless it causes undue hardship
California FEHA requires employers to reasonably accommodate an employee's religious beliefs or observances unless doing so would cause undue hardship.
Question 3: What distinguishes California's definition of 'undue hardship' for disability accommodations from the federal ADA standard?
- California uses a more employee-friendly, narrower definition of undue hardship (Correct answer)
- California and federal standards are identical
- California does not recognize undue hardship as a defense
- California only considers financial cost when determining undue hardship
Correct answer: California uses a more employee-friendly, narrower definition of undue hardship
California's FEHA imposes a higher burden on employers to prove undue hardship compared to the ADA, making it harder to deny disability accommodations.
Question 4: Under California law, an employer may NOT ask a job applicant about salary history because of which law?
- California Equal Pay Act amendment (AB 168)
- Labor Code §432.3 (Correct answer)
- SB 973 Pay Data Reporting
- FEHA §12945.2
Correct answer: Labor Code §432.3
Labor Code §432.3 (enacted via AB 168) prohibits California employers from seeking or relying on salary history information from job applicants.
Question 5: California's SB 973 requires certain employers to submit pay data reports to which agency?
- California Department of Fair Employment and Housing (DFEH/CRD) (Correct answer)
- California Labor Commissioner's Office
- California Employment Development Department (EDD)
- California Department of Industrial Relations
Correct answer: California Department of Fair Employment and Housing (DFEH/CRD)
SB 973 requires private employers with 100+ employees to submit annual pay data reports to the Civil Rights Department (formerly DFEH) broken down by race, ethnicity, sex, and job category.
Question 6: Under California IWC Wage Orders, which employees are typically exempt from overtime requirements?
- Employees paid at least twice the minimum wage who primarily perform exempt duties (Correct answer)
- All salaried employees regardless of salary level
- Employees who manage at least 5 direct reports
- Employees in professional roles regardless of pay
Correct answer: Employees paid at least twice the minimum wage who primarily perform exempt duties
California's white-collar exemptions require employees to earn a salary of at least twice the state minimum wage AND primarily engage in exempt executive, administrative, or professional duties.
Question 7: A California employee takes approved CFRA leave and returns to find their position has been filled. What is the employer's obligation?
- The employer may offer a comparable position with the same pay and benefits
- The employer must reinstate the employee to their exact same position (Correct answer)
- The employer has no obligation to reinstate if business needs changed
- The employer may require the employee to reapply for their position
Correct answer: The employer must reinstate the employee to their exact same position
CFRA requires employers to reinstate employees to the same position held before leave, or an equivalent position with the same pay, benefits, and working conditions.
PHRca Professional in Human Resources-California MCQ 5
Under California's Unruh Civil Rights Act, which entities are required to provide equal access without discrimination?