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

2. 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?

3. 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

4. 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

5. 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

6. Which employers are generally excluded from FEHA?
Religious nonprofit organizations

7. 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

8. 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

9. 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

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

11. Recruitment and Selection

12. California’s Online Privacy Protection Act

13. Background Checks and Testing

14. ICRAA and the Fair Credit Report Act

15. 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.

16. Criminal Records

17. Drug Tests & Polygraph Tests

18. 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.

19. Onboarding

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

21. 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.

22. Medical Evaluations, Fingerprints, and Photographs

23. Non-Compete Agreements

24. 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

25. Uniformed Trade Secrets Act

26. 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

27. Good Faith and Fair Dealing