CALHR SUCCESS -PHRCA FINAL EXAM NEWEST
VERSION ACTUAL QUESTION AND CORRECT
DETAILED VERIFIED ANSWERS FROM VERIFIED
SOURCES BY EXPERT RATED A GRADE
Which of the following health conditions, by itself, would MOST LIKELY NOT constitute
a "disability" under California's FEHA:
a) very poor eyesight without contacts, but perfect vision when wearing them
b) a flu keeping an employee from work for three (3) weeks
c) restrictions from a workplace injury that do not limit ability to work
d) dangerously high blood pressure without medication, but healthy with medication >>>
ANSWERThe correct answer is C. Disability - Unlike the federal ADA, the FEHA defines
"disability" without regard to any corrective measures. Thus, the conditions described in
both (a) and (d) could each constitute a "disability" under the FEHA, whereas federal
law would take the corrective measures (i.e., contacts or medication) into account and
likely find that neither constituted a disability under federal law. A flu limiting an
employee's life activity of "working," as described in (b) could also constitute a disability
under the FEHA. This illustrates another difference between the FEHA and the federal
ADA, because the state law does not require that the limitation be "substantial." Thus, a
condition limiting the employee from working during the three-week period could be a
disability for purposes of triggering each and all of the legal duties under the FEHA (i.e.,
non-discrimination, reasonable accommodation, and good faith interactive process).
Answer (c) is the most likely not to constitute a disability under the FEHA because it is
the only answer that does not indicate any limitation on any life activity, including work.
Under DLSE Labor Code, which of the following employees MUST be paid overtime?
a) A CEO who worked 80 hours per week
b) A non-exempt employee who worked 46 hours per week
c) A server who worked 30 hours and was paid for 10 hours of jury duty
d) A driver that worked from 8am to 10am then returned and worked 4pm to 9pm >>>
ANSWERThe correct answer is B. The CEO is exempt from overtime; the server
worked only 30 hours; and the driver did not work any overtime eligible hours.
Which of the following statements regarding Paid Family Leave is true?
a) Paid Family Leave runs concurrently with State Disability Leave
b) Employees covered by SDI are also covered by Paid Family Leave
c) Paid Family Leave has a ten day waiting period
d) Employees must have worked a minimum 1250 hours to be eligible for Paid Family
Leave >>> ANSWERThe correct answer B. "The law is generally referred to as the Paid
,Family Leave insurance program (PFL), and is administered by the Employment
Development Department (EDD). Employees covered by SDI are also covered by PFL."
Reference: Leaves of Absence and Workers' Compensation
Under Cal/OSHA regulations, which of the following triggers the need for safety
training?
a) A new President of the organization
b) A new building for the organization
c) A new owner of the organization
d) A new or revised process >>> ANSWERThe correct answer is D. IIPP and Safety
Training
An employer requires all new hires, as a condition of employment, to sign an agreement
requiring arbitration of most kinds of employment disputes, but one new hire refuses to
sign and the employer rescinds the offer. Can the new hire successfully sue the
employer for wrongful refusal to hire in violation of public policy?
a) Yes, mandatory arbitration agreements are disfavored in California and generally
unenforceable
b) Yes, if the employee would be required under the agreement to pay his or her own
attorneys' fees in an unsuccessful action against the employer
c) Yes, if the employee would be required to pay additional fees in arbitration that would
not apply in litigation
d) No, California favors arbitration as a form of alternative dispute resolution >>>
ANSWERThe correct answer is C. California law, like federal law, is generally favorable
toward arbitration as a form of alternative dispute resolution. Thus, (a) is incorrect. Even
though answer (d) includes a correct general statement after the "No," the answer leaps
to the conclusion that the employee could not successfully sue, but more information
would be needed to reach that conclusion. Answers (b) and (c) both include additional
information about the content of the agreement. Answer (b) is incorrect because an
employee may be required to pay his or her own attorneys' fees in an unsuccessful
arbitration, just as in litigation. Answer (c) correctly identifies one of the flaws that render
a mandatory arbitration "substantively unconscionable" under the Armendariz
standards, meaning that the arbitration agreement is unenforceable and void under
California law. Withdrawing an employment offer for refusal to sign an illegal agreement
violates public policy and the new hire could successfully sue the employer on that
basis.
What is the name of the document an employee must obtain before bringing a lawsuit to
complain about a violation of the FEHA?
a) PAGA private attorney general action letter
b) FEHA access to justice letter
c) DFEH right to sue letter
, d) DLSE administrative exhaustion letter >>> ANSWERThe correct answer is C. An
employee cannot proceed with a FEHA claim in court without a DFEH right-to-sue letter.
Like the FEHA, the PAGA also has certain procedural prerequisites for an employee to
bring a claim, but this question is only about a FEHA claim.
Non-exempt employees have the ability to
a) Combine their morning and afternoon rest periods, in order to leave work early
b) Not take a second meal break when working a 12-hour shift
c) Waive their meal period if they will work less than 6-hours in the workday
d) Work on "on-duty" meal period whenever they would like >>> ANSWERThe correct
answer is C. Employees have the right to waive the mandated meal period if they do so
at their own request, and in writing.
Which of the following statements regarding CFRA is NOT true?
a) The employee must work in California for a company with 50 or more employees
b) An employer must have its headquarters located in California
c) Eligibility is determined by all hours worked
d) Any classification of employee, including part-time, full-time and temporary, may be
considered >>> ANSWERThe correct answer is B. "An employer that is engaged in
business in California is covered by CFRA, and thus required to comply with its
requirements, if it directly employs 50 or more persons within the United States or any
of its territories."
Reference: Leaves of Absence and Workers' Compensation.
How many employees must an employer have in order to be covered by the anti-
harassment provisions of the FEHA?
a) 1
b) 5
c) 15
d) 50 >>> ANSWERThe correct answer is A. The anti-harassment provisions of the
FEHA apply to more employers than the anti-discrimination provisions of the FEHA.
Harassment is not permitted in any California workplace - an employer need have only
one (1) employee for the prohibition against harassment to apply.
When an employer performs its own background check regarding an applicant, which of
the following steps is NOT required?
a) Obtain written consent in advance to perform the background check
b) Provide the applicant with a copy of any report, if action is taken based on it
c) Provide the applicant with a copy of any report, unless applicant waived this right
d)Refrain from making employment decisions based on information in any report that
may reveal an applicant's sexual orientation, absent rare exceptions >>> ANSWERThe
