Table Of Contents
PREFACE
CHAPTER 1 INTRODUCTION
1.1 GENERAL SCOPE
1.2 FEHA REGULATIONS
1.3 ROLE OF FEDERAL AUTHORITIES UNDER STATE LAW
1.4 EEOC REGULATIONS AND GUIDELINES
1.5 ABBREVIATIONS USED IN THE MANUAL
CHAPTER 2 COVERAGE OF EQUAL EMPLOYMENT OPPORTUNITY LAWS
2.1 GENERALLY
2.2 FAIR EMPLOYMENT AND HOUSING ACT
2.3 SEXUAL ORIENTATION DISCRIMINATION LAW
2.4 CALIFORNIA CONSTITUTION
2.5 CALIFORNIA EQUAL PAY LAW
2.6 UNRUH AND RALPH CIVIL RIGHTS ACTS
2.7 STATUTORY PROHIBITION AGAINST SEXUAL HARASSMENT IN BUSINESS AND PROFESSIONAL RELATIONSHIPS
2.8 CALIFORNIA FAMILY RIGHTS ACT
2.9 FAMILY SCHOOL PARTNERSHIP ACTN
2.10 TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
2.11 FEDERAL EQUAL PAY ACT OF 1963
2.12 AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967
2.13 AGE DISCRIMINATION EMPLOYMENT ACT OF 1975 AND EXECUTIVE ORDER 11141
2.14 REHABILITATION ACT OF 1973
2.15 AMERICANS WITH DISABILITIES ACT OF 1990
2.16 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
2.17 EXECUTIVE ORDER 11246
2.18 GOVERNMENT CODE SECTION 11135
2.19 NATIONAL LABOR RELATIONS ACT
2.20 CIVIL RIGHTS ACT OF 1866 (“Section 1981”)
2.21 IMMIGRATION REFORM AND CONTROL ACT OF 1986
2.22 PREGNANT WORKERS FAIRNESS ACT
2.23 FRANCHISES
2.24 PUBLIC WORKS PROJECTS
2.25 OTHER CIVIL RIGHTS LAWS
2.26 EMPLOYER/EMPLOYEE RELATIONSHIP AND SUCCESSORS
2.27 EMPLOYMENT AGENCIES AND TEMPORARY EMPLOYMENT FIRMS
2.28 DISCRIMINATION COVERAGE CHART
CHAPTER 3 PRE-EMPLOYMENT PRACTICES AND CONDITIONS OF EMPLOYMENT
3.1 GENERALLY
3.2 ADVERTISEMENTS AND RECRUITING PRACTICES
3.3 PRE-EMPLOYMENT INQUIRIES
3.4 CALIFORNIA’S RULES RELATING TO CRIMINAL HISTORY INQUIRIES
3.5 POST-EMPLOYMENT AND DEFENSIBLE INQUIRIES
3.6 PROBATIONARY AND INTRODUCTORY PERIODS
3.7 EMPLOYEE SELECTION, TESTING, PLACEMENT, AND TRAINING
3.8 TERMS, CONDITIONS, AND PRIVILEGES OF EMPLOYMENT
3.9 PRE-EMPLOYMENT PHYSICALS AND MEDICAL HISTORIES
3.10 ADA STANDARDS ON PRE-EMPLOYMENT QUESTIONS
3.11 GENETIC TESTING
3.12 COLLECTING BACKGROUND INFORMATION REGARDING APPLICANTS AND EMPLOYEES
3.13 CALIFORNIA’S CANNABIS DISCRIMINATION RULES
3.14 CALIFORNIA NEW HIRE REPORTING OBLIGATIONS
CHAPTER 4 SEX DISCRIMINATION
4.1 GENERALLY
4.2 PROTECTIONS OF TITLE VII AND THE FEHA
4.3 BFOQ EXCEPTION
4.4 SEXUAL HARASSMENT
4.5 EQUAL PAY LAWS
4.6 COMPARABLE WORTH
4.7 SEXUAL PREFERENCE AND SEXUAL ORIENTATION
4.8 GOVERNMENT CODE SECTION 11135
4.9 CALIFORNIA CONSTITUTION
4.10 OTHER LAWS
CHAPTER 5 PREGNANCY DISCRIMINATION
5.1 GENERALLY
5.2 TITLE VII RESTRICTIONS
5.3 THE PREGNANT WORKERS FAIRNESS ACT
5.4 FEHA RESTRICTIONS
5.5 RELATIONSHIP BETWEEN PREGNANCY DISCRIMINATION AND FAMILY LEAVE RULES
5.6 EDUCATIONAL INSTITUTIONS
5.7 ACCOMMODATION OF EMPLOYEES TO EXPRESS MILK
5.8 STATE DISABILITY INSURANCE
5.9 NOTICES MANDATED BY STATE LAW
CHAPTER 6 SEXUAL HARASSMENT
6.1 INTRODUCTION
6.2 DISCIPLINE OF INDIVIDUALS WHO COMMIT SEXUAL HARASSMENT
6.3 THE LEGAL STANDARDS
6.4 MEASURES TO PREVENT HARASSMENT
6.5 SEXUAL HARASSMENT INFORMATION SHEETS
6.6 CALIFORNIA’S SEXUAL HARASSMENT TRAINING OBLIGATIONS
6.7 DAMAGES AND OTHER REMEDIES
6.8 ISSUES CONCERNING CONFIDENTIALITY
6.9 CONSTRUCTIVE DISCHARGE AND RETALIATION CLAIMS
6.10 STATUTE OF LIMITATIONS ISSUES
6.11 VOLUNTEERS AND PERSONS PROVIDING SERVICES TO EMPLOYERS
6.12 DEFINITION OF SUPERVISOR
6.13 DEFINITION OF HARASSMENT BASED ON SEX
6.14 SEXUAL HARASSMENT IN BUSINESS, SERVICE, AND PROFESSIONAL RELATIONSHIPS
6.15 CONFIDENTIAL SETTLEMENTS
CHAPTER 7 MARITAL STATUS DISCRIMINATION
7.1 GENERALLY
7.2 MARITAL STATUS POLICIES THAT AFFECT WOMEN
7.3 TYPES OF DISCRIMINATION
7.4 APPLICATION OF ANTINEPOTISM RULES TO SPOUSES
7.5 FRINGE BENEFITS
7.6 DOMESTIC PARTNERSHIPS
7.7 SIGNIFICANCE OF JOB RESPONSIBILITIES AND COMPULSORY USE OF HUSBAND’S NAME
CHAPTER 8 DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, AND NATIONAL ORIGIN
8.1 GENERALLY
8.2 PRE-EMPLOYMENT PRACTICES
8.3 THEORIES OF DISCRIMINATION
8.4 EMPLOYEE SELECTION AND TESTING PROCEDURES
8.5 HARASSMENT
8.6 NATIONAL ORIGIN DISCRIMINATION
8.7 SUSPECT REQUIREMENTS BASED ON NATIONAL ORIGIN
8.8 ENGLISH-ONLY AND COMMUNICATION SKILLS RULES
8.9 RETALIATION
8.10 GARNISHMENT OF WAGES
8.11 DRESS AND GROOMING RULES
8.12 STATE EQUAL PAY RULES
8.13 NEPOTISM POLICIES
8.14 ADDITIONAL PROBLEM AREAS
8.15 EXECUTIVE ORDER 11246 AND SECTION 1981
8.16 DEFENSES
CHAPTER 9 AGE DISCRIMINATION
9.1 GENERALLY
9.2 FEHA RESTRICTIONS
9.3 ADEA RESTRICTIONS
9.4 TERMINATION AND DISCIPLINARY ACTIONS
9.5 MEDICAL EXAMINATIONS
9.6 MANDATORY RETIREMENT
9.7 TERMINATIONS AND LAYOFFS BASED ON FACTORS OTHER THAN AGE
9.8 EARLY RETIREMENT INCENTIVE PROGRAMS
9.9 EMPLOYEE BENEFIT PLANS FOR OLDER WORKERS
9.10 RETIREMENT BENEFITS
9.11 DISCRIMINATION BETWEEN INDIVIDUALS PROTECTED BY THE ACT
9.12 WAIVERS OF RIGHTS AND CLAIMS
9.13 DEFENSES AND PERMISSIBLE CONDUCT
9.14 ENFORCEMENT AND REMEDIES
9.15 POSTING OF ADEA NOTICE
9.16 EMPLOYERS RECEIVING STATE OR FEDERAL FUNDS
9.17 RECORD-KEEPING REQUIREMENTS
9.18 PROCEDURAL RULES AND CHARGES
9.19 JURY TRIALS
9.20 PREEMPTION OF STATE LAWS
CHAPTER 10 DISABILITY DISCRIMINATION
10.1 GENERALLY
10.2 THE FEHA PROVISIONS
10.3 THE REHABILITATION ACT OF 1973
10.4 THE AMERICANS WITH DISABILITIES ACT OF 1990
10.5 JUDICIAL ESTOPPEL DOCTRINE
10.6 EMPLOYMENT OF VETERANS
10.7 GOVERNMENT CODE
10.8 DISCRIMINATION BASED ON BLINDNESS
10.9 WORK-RELATED INJURIES
10.10 ALCOHOL AND DRUG REHABILITATION LEAVES
10.11 CONFIDENTIALITY OF MEDICAL INFORMATION
10.12 ACQUIRED IMMUNE DEFICIENCY SYNDROME (“AIDS”)
10.13 GENETIC INFORMATION NONDISCRIMINATION ACT
10.14 STATE PROHIBITION AGAINST DISCRIMINATION BASED ON GENETIC INFORMATION AND CHARACTERISTICS
10.15 PROPOSITION 64 — THE ADULT USE OF MARIJUANA ACT
CHAPTER 11 RELIGIOUS DISCRIMINATION
11.1 GENERAL REQUIREMENTS
11.2 DEFINITION OF RELIGION
11.3 REASONABLE ACCOMMODATIONS
11.4 AVAILABILITY FOR WEEKEND AND EVENING WORK
11.5 OBSERVANCE OF SABBATH OR OTHER HOLY DAY
11.6 DRESS AND GROOMING
11.7 PARTICIPATION IN ABORTIONS
11.8 RELIGIOUS ASSOCIATIONS AND CORPORATIONS
11.9 GOVERNMENT CODE SECTION 11135
11.10 CALIFORNIA CONSTITUTION
11.11 EXECUTIVE ORDER 11246
CHAPTER 12 COMPLAINT, INVESTIGATION, AND ENFORCEMENT PROCEDURES
12.1 GENERALLY
12.2 FEHA COMPLAINTS
12.3 FEHA TIME CHART
12.4 TITLE VII CHARGES
12.5 TOLLING PRINCIPLES
12.6 DEFENSE AND SETTLEMENT OF CHARGES
CHAPTER 13 DEFENSES, BURDENS, AND REMEDIES
13.1 BURDENS OF PROOF AND PRODUCTION OF EVIDENCES
13.2 THEORIES OF DISCRIMINATION
13.3 DEFENSES
13.4 REMEDIES
13.5 AFTER-ACQUIRED EVIDENCE DOCTRINE
13.6 JURY TRIALS
13.7 CONSTRUCTIVE DISCHARGE STANDARDS
CHAPTER 14 RECORDS AND POSTING
14.1 OVERVIEW
14.2 TITLE VII REQUIREMENTS
14.3 FEHA REQUIREMENTS
14.4 ADEA REQUIREMENTS
14.5 FEDERAL EQUAL PAY ACT
14.6 CALIFORNIA EQUAL PAY LAW
14.7 IRCA REQUIREMENTS
14.8 OTHER REQUIREMENTS
14.9 RECORD RETENTION CHART
14.10 REPORTING REQUIREMENTS
14.11 POSTING REQUIREMENTS
14.12 SPECIAL PERSONNEL RECORDS FOR HOSPITALS
CHAPTER 15 DISCIPLINE AND TERMINATION OF EMPLOYEES
15.1 DISCIPLINE: PURPOSES AND LIMITATIONS
15.2 FORMS OF DISCIPLINARY SANCTIONS
15.3 DOCUMENTATION OF DISCIPLINE AND PROGRESSIVE DISCIPLINE
15.4 UNION EMPLOYEES
15.5 NON-UNION EMPLOYEES
15.6 GOVERNMENT EMPLOYEES
15.7 ADDITIONAL STATUTORY RESTRICTIONS
15.8 DEFENSIVE PRACTICES
CHAPTER 16 MISCELLANEOUS OBLIGATIONS
16.1 INSPECTION OF PERSONNEL FILES AND PAYROLL RECORDS
16.2 POLYGRAPH EXAMINATIONS
16.3 VOICE STRESS ANALYZERS AND WIRETAPS
16.4 RECORDING OF CONFIDENTIAL COMMUNICATIONS
16.5 POLITICAL AFFILIATIONS
16.6 DISCIPLINE RESULTING FROM AN INVESTIGATION
16.7 JURY DUTY AND WITNESSES
16.8 MISREPRESENTATIONS PREVENTING EMPLOYMENT
16.9 RETALIATION
16.10 WHISTLEBLOWER PROTECTIONS
16.11 WORKERS’ COMPENSATION
16.12 MISREPRESENTATION OF EMPLOYMENT CONDITIONS
16.13 DISCRIMINATION IN APPRENTICESHIP PROGRAMS
16.14 DISCLOSURE OF WAGES AND WORKING CONDITIONS
16.15 EMPLOYMENT OF ALIENS
16.16 UNFAIR IMMIGRATION-RELATED PRACTICES
16.17 VOTING TIME
16.18 EMERGENCY FIREFIGHTER, RESERVE POLICE OFFICER, AND RESCUE DUTY
16.19 SCHOOL APPEARANCE BY PARENTS
16.20 FAMILY SCHOOL PARTNERSHIP ACT
16.21 VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING
16.22 SOCIAL MEDIA
16.23 INDEMNIFICATION
16.24 ADVISORY OPINIONS
APPENDIX A EMPLOYMENT INQUIRIES: WHAT CAN EMPLOYERS ASK APPLICANTS AND EMPLOYEES?
APPENDIX B APPLICANT IDENTIFICATION RECORDS
APPENDIX C POLICY AGAINST HARASSMENT
APPENDIX D POLICY AGAINST HARASSMENT
APPENDIX E SAMPLE CRD NOTICE WHERE EMPLOYER HAS BEEN FOUND LIABLE FOR DISCRIMINATION
APPENDIX F FEHA POSTER AND DFEH-185 INFORMATION SHEET ON SEXUAL HARASSMENT
APPENDIX G MEDICAL EVALUATION REPORT
APPENDIX H CRD PREGNANCY EMPLOYEE RIGHTS NOTICE
APPENDIX I CRD FAMILY CARE AND MEDICAL LEAVE AND PREGNANCY DISABILITY LEAVE NOTICE
APPENDIX J CRD TRANSGENDER RIGHTS IN THE WORKPLACE NOTICE
APPENDIX K CASE TABLE
SUBJECT INDEX
