Introduction to Employment and Employee Relations Did you remember your 5 questions?

California’s Department of Fair Employment and Housing The state agency charged with enforcing California's civil rights laws. The mission is to protect the people of California from unlawful discrimination in employment, housing and public accommodations and from hate violence. What is?

Name the Protected Categories under the Fair Employment and Housing Act Race Medical Condition Color Age Religion Military or Veteran Status Sex Pregnancy, Childbirth, or Related Medical Condition Gender Denial of Medical and Family Care Leave Gender Identity Gender Expression Pregnancy Disability Leave Sexual Orientation Retaliation for protesting illegal discrimination related to one of these categories Marital Status National Origin Reported patient abuse in tax supported institutions Ancestry Mental and Physical Disability

What is the difference between the DFEH and the FEHA? FEHA is the Act – Fair Employment and Housing Act DFEH is the department that administers the Fair Employment and Housing Act

For the purposes of covered employees under the FEHA, an employer is: Private California employers with five or more employees during 20 or more calendar weeks All public employers Private employers with one employee in California

Which employers are generally excluded from FEHA? Religious nonprofit organizations

What are Prohibited Employment Practices based on Protected Statuses? Recruitment Hiring Promotion Renewal of employment Selection for training or apprenticeship Discharge Discipline Tenure, Terms, Conditions, or Privileges of employment

What are requirements by the State of California for Sexual Harassment Training? All employees to receive Sexual Harassment is Forbidden by Law pamphlet AB 1825 Employers with 50+ employees Provide 2 hours of interactive training To all supervisors Every 2 years New supervisors: within 6 months

Give examples of religious discrimination under California law. Offensive remarks that are repeated Segregation based on religion Failing to accommodation Flexible scheduling Voluntary shift substitutes Job reassignments Modifications to workplace policies

Describe the DFEH Complaint Process. Intake Filing Investigation Conciliation Litigation Remedies Right to Sue Process

Recruitment and Selection

California’s Online Privacy Protection Act

Background Checks and Testing

ICRAA and the Fair Credit Report Act

Applicant Consent A statement that the employer may obtain an investigative consumer report. A statement that the investigative consumer report is being sought for permissible employment purposes. A statement that the report may contain information on the employee or applicant’s character, general reputation, personal characteristics and lifestyle. Name, address and telephone number of the reporting agency. The nature and scope of the investigation requested. Obligations of the agency, such as how the consumer can view the file.

Criminal Records

Drug Tests & Polygraph Tests

Medical Marijuana …is NOT considered a protected activity under California employment law. ADA & FEHA protections cover employees who: Previously abused Successfully rehabilitated Do not currently use California State law allowing the use of marijuana for medical purposes is NOT considered a protected activity under California employment law. Employers can require a drug-free workplace and can also require drug testing as a condition of employment. Employees who show up under the influence can be terminated dependent on the company’s policy. Protection is afforded to employees who previously abused drugs and/or alcohol, who have successfully rehabilitated themselves, and who do not currently use drugs and/or alcohol.

Onboarding

Privacy Laws Pre-hire Screening Background Checks Testing Investigations & Surveillance during Employment Sexual Harassment Investigations Electronic Communications Monitoring Person Information Lifestyle Regulations

E-Verify Recent legislation restricts California employers to only utilizing the federal E-Verify system after a conditional offer of employment has been made, or when doing so is required under federal law or as a condition for receiving federal funds. California employers are not allowed to utilize the system to verify the status of existing employees.

Medical Evaluations, Fingerprints, and Photographs

Non-Compete Agreements

Non-Compete Agreements Exceptions Sale of business goodwill exception; Dissolution of partnership exception; Dissolution of limited liability company exception; Common-law exception to protect trade secretes

Uniformed Trade Secrets Act

Mandatory Arbitration Must not be one-sided Must not limit any substantive rights that an employee would have had in litigation Must not impose any added costs or fees on an employee

Good Faith and Fair Dealing