functional area #2 employment & employee … relations_p1_slides.pdfsexual harassment . the...
TRANSCRIPT
![Page 1: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/1.jpg)
©2017 TPO - The HR Experts All Rights Reserved. www.tpohr.com
FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE
RELATIONS
Presented by:
Gina de Miranda, M.A., SPHR-CA, SHRM-SCP TPO Bilingual Consultant
PHRca Instructor [email protected]
![Page 2: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/2.jpg)
©2017 TPO - The HR Experts All Rights Reserved. www.tpohr.com
FUNCTIONAL AREA #2 Employment &
Employee Relations
EXAM-SPECIFIC OVERVIEW “Getting it in to Context”
![Page 3: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/3.jpg)
FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE RELATIONS
This area is worth 46% of your test score Responsibilities under this functional area: • Develop and implement policies, practices and procedures to comply with state laws
regarding pre-employment and hiring. • Develop and implement policies, practices and procedures to comply with state laws
regarding employment and termination of employment. • Ensure compliance with state laws regarding pre-employment and hiring,
ongoing employment and termination. • Ensure compliance with state harassment and discrimination prevention laws. • Establish and administer documentation and records retention policies and
procedures required under state law governing employment and employee relations.
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 4: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/4.jpg)
This area is worth 46% of your test score
FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE RELATIONS
Knowledge: • Provisions of the Fair Employment and Housing Act (FEHA), including the
interactive process and reasonable accommodations • California Labor Code section 132a • Whistleblower protections • Pre-employment and hiring procedures (for example: drug testing, background
checks, consumer credit reports, the California Investigative Consumer Reporting Agencies Act (ICRAA) and the California Consumers Reporting Act (CCRA), postings and individual notices
• Requirements related to privacy and security (for example: permissible employment application procedures and protection of personal data)
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 5: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/5.jpg)
This area is worth 46% of your test score Knowledge Continued… • Rules regarding employment of minors • Employment Development Department (EDD) requirements • Non-compete, non-disclosure, invention assignment agreements and the
Uniform Trade Secrets Act • Individual employee rights (for example: California's Private Attorneys General
Act, language translation requirements and literacy assistance)
• Required supervisory training for sexual harassment prevention • California WARN
FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE RELATIONS
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 6: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/6.jpg)
This area is worth 46% of your test score Knowledge Continued…
FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE RELATIONS
• Required new hire and termination notices • Requirements for employers with state contracts (for
example: drug-free workplace, anti-discrimination requirements and wage and hour requirements)
• Regulations regarding use of medical marijuana • Legal requirements for postings and notices • Documentation and records retention requirements
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 7: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/7.jpg)
CALIFORNIA’S DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
The agency charged to protect the people of California from unlawful discrimination in employment, housing and public accommodations and to prevent hate-fueled violence.
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 8: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/8.jpg)
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
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 9: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/9.jpg)
THE PROTECTED CLASSES UNDER THE FAIR EMPLOYMENT AND HOUSING ACT
• Race • Color • Religion • Sex • Gender • Gender Identity • Gender Expression • Sexual Orientation • Marital Status • National Origin • Ancestry • Mental and Physical Disability • Medical Condition
• Age • Military or Veteran Status • Pregnancy, Childbirth, or Related Medical
Condition • Denial of Medical and Family Care Leave • Pregnancy Disability Leave • Retaliation for protesting illegal discrimination
related to one of these categories • Reported patient abuse in tax supported
institutions
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 10: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/10.jpg)
“COVERED EMPLOYERS” UNDER THE FEHA
A “COVERED” employer is: • Private California employers with five or more
employees during 20 or more calendar weeks • All public employers • Private employers from other states with one
employee in California
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 11: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/11.jpg)
WHICH EMPLOYERS are GENERALLY EXCLUDED FROM FEHA?
Religious Nonprofit Organizations
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 12: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/12.jpg)
WHAT are PROHIBITED EMPLOYMENT PRACTICES BASED on PROTECTED STATUS?
• Recruitment • Hiring • Promotion • Renewal of employment • Selection for training or apprenticeship • Discharge • Discipline • Tenure, Terms, Conditions, or Privileges of employment
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 13: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/13.jpg)
ALL EMPLOYEES Must Receive
DFEH’s Sexual Harassment
The Facts About Sexual Harassment
Pamphlet
AB 1825 • Employers with 50+ employees • Provide 2 hours of interactive training • To ALL Supervisors • Every 2 Years • New Supervisors: Within 6 Months of
Promotion to their New Position
CALIFORNIA’S REQUIREMENTS for SEXUAL HARASSMENT TRAINING
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 14: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/14.jpg)
EXAMPLES OF RELIGIOUS DISCRIMINATION UNDER CALIFORNIA LAW
• Repetition of Offensive Remarks/Jokes • Segregation Based on Religion • Failure to Accommodate:
– Requests for flexible scheduling – Voluntary shift substitution – Job reassignment requests – Requests for workplace policy modifications
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 15: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/15.jpg)
The DFEH Complaint Process:
• Intake • Filing • Investigation • Conciliation • Litigation • Remedies • “Right to Sue” Process
THE DFEH COMPLAINT PROCESS
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 16: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/16.jpg)
RECRUITMENT & SELECTION
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
• Non-Discriminatory (State & Federal) • Uphold “At-Will” • Avoid spoken/unspoken misleading enticements
to leave current employment BEST PRACTICES:
– Job Description (ADA Compliant) – Legally Sufficient Employment Application – Standardized/Consistent
• Sourcing • Screening • Interviewing • Job Offer • On-Boarding
– Training for ALL Hiring Parties
![Page 17: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/17.jpg)
CALIFORNIA’S ONLINE PRIVACY PROTECTION ACT
• It requires companies (including employers) to provide information about what organizations that the website will be sharing this information with and what the website’s “tracking policies” are.
• Any website that fails to comply with this policy, must post such a policy within 30 days of notification by the state.
This law was passed in 2003 and took effect in 2004.
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 18: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/18.jpg)
BACKGROUND CHECKS & TESTING
Background Checks: • ICRAA – California Investigative Consumer Reporting Agencies Act
– CA employers may not ask an outside agency (i.e.: TPO) to perform a background or credit check on an applicant or employee in CA without first obtaining the individual’s consent.
– Proper notice must be given to the individual. – Requires providing the individual an opportunity to request a copy of the report. – The employer’s notice must be clear and conspicuous on a form that contains only the
disclosure. – The disclosure must include very specific information.
• FCRA – The Fair Credit Reporting Act (FCRA) – A federal law that governs how a credit reporting agency (CRA) handles credit information. It
is designed to protect the integrity and privacy of credit information.
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 19: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/19.jpg)
CREDIT REPORTS
Can Only Be Obtained For: • State Department of Justice jobs • Managerial positions that qualify for the executive exemption under California law • Sworn Peace Officers • Positions that involve regular access to personal/financial information like SS,
credit cards, finances, dates of birth • Positions that require the employee to be the named signatory on the employer’s
bank or credit card • Positions involving access to confidential or proprietary company information • Positions that involve regular access to $10,000 or more in cash • Employees of financial institutions
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 20: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/20.jpg)
The consent form that the applicant signs must disclose the following: • The employer’s intention to obtain an investigative consumer report • That this consumer report is being sought for permissible employment
purposes • That this report may contain information on the employee or applicant’s
character, general reputation, personal characteristics and lifestyle • The name, address and telephone number of the reporting agency. • The nature and scope of the investigation being requested • Obligations of the agency, such as how the consumer can view the file if they so
desire. • AND, if the employee wishes a copy of the report, the employer must send it
to the employee within three business days of receipt by the potential employer
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
APPLICANT CONSENT & DISCLOSURES
![Page 21: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/21.jpg)
TESTING
Testing: • There is a fine line between thoroughly reviewing a
candidate and violating his/her privacy. • Any tests used must have validity with reference to
the job for which the candidate is being considered. Agility tests for accounting clerks will not fly.
• The test must be validated (i.e. proven) to measure the personality trait or ability that it purports to measure and the job must require that particular trait, skill or ability
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 22: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/22.jpg)
CRIMINAL RECORDS
You will need to know: • U.S.C 1829 Labor Code Section 432.7 • It is unlawful for an employer or other covered entity to see
information about an applicant regarding any: (a) Arrest or detention that did not result in a conviction (b)Any conviction for which the record has been judicially sealed,
expunged or statutorily eradicated (juvenile offense records; misdemeanor conviction for which the probation has been completed or otherwise discharged and arrest for which pre-trial diversion has been successfully completed).
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 23: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/23.jpg)
• Drug Tests: – Are generally permissible “pre-employment” if there is a lawful written
policy, the job is offered and the potential employee consents – Must be consistently applied so as not to look discriminatory – May not be “invasive” or violate potential employee’s privacy rights
• Polygraph Tests: – Are prohibited before or after employment in California – May not be a condition for employment – May not be a condition for continued employment – Are notoriously unreliable
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
DRUG & POLYGRAPH TESTS
![Page 24: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/24.jpg)
…is NOT considered a protected activity under California employment law. ADA & FEHA protections cover employees who:
– Previously abused – Successfully rehabilitated – Do not currently use
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
MEDICAL MARIJUANA
![Page 25: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/25.jpg)
EMPLOYMENT OFFERS
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
Should Include: • Job Title • Amount of compensation and its basis • Full time or part-time status • Department that the employee will work in and his/her supervisor • Whether the employee is exempt or non-exempt • An “At Will” statement • Subject to proof that the employee has the right to work in this
country (IRCA) • Contingent upon passing a drug screen (if applicable) or other
tests if applicable • Commission plan if in sales
![Page 26: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/26.jpg)
ONBOARDING
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
• Preparation • Orientation • Engagement • Follow-up
![Page 27: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/27.jpg)
• Pre-hire Screening • Background Checks • Testing • Investigations & Surveillance during
Employment • Sexual Harassment Investigations • Electronic Communications Monitoring • Person Information • Lifestyle Regulations
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
PRIVACY LAWS
![Page 28: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/28.jpg)
E-VERIFY
• May only utilize 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. • Are not allowed to utilize the system to verify the
status of existing employees. • Must inform employees of any adverse consequence
from e-verify or receive a penalty of $10,000. • E-verify is voluntary except for companies with
Federal contracts and some state contracts.
IN CALIFORNIA EMPLOYERS…
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com
![Page 29: FUNCTIONAL AREA #2 EMPLOYMENT & EMPLOYEE … Relations_P1_SLIDES.pdfSexual Harassment . The Facts About Sexual Harassment. Pamphlet . AB 1825 • Employers with . 50+ employees •](https://reader034.vdocuments.net/reader034/viewer/2022052007/601c250981dab440f73885b7/html5/thumbnails/29.jpg)
©2017 TPO-The HR Experts All Rights Reserved. www.tpohr.com