WATCH YOUR LANGUAGE



WATCH YOUR LANGUAGE!!

When placing and accepting job orders and advertisements *avoid specifications linked to:

 

*The following are provided as example of discriminatory and potentially discriminator job specifications. The California Fair Employment and Housing Act bans employment discrimination on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex or age. Section 12940(d) states that it is an unlawful employment practice for any employer or employment agency, unless specifically acting in accordance with Federal Equal Employment Opportunity Guidelines or regulations approved by the Fair Employment and Housing Commission, to print or circulate any publication or to make any non-job-related inquiry, either verbal or through use of an application form, which expresses directly or indirectly, any limitation, specification or discrimination on a basis enumerated in the Act.

 

|SEX |SEX-TIED JOB TITLES |AGE |ETHNICITY |

|One-girl office |Night watchman |Young energetic person |No B’s |

|Two-man operation |Telephone girl |Recent grad |No accents |

|FOA (Front Office |Bindery man |Age 20 to 30 |Japanese |

|Appearance) |Counter boy |Very young company |Must be Italian |

|Girl...Lady...Woman |Girl Friday |Student |Chinese preferred |

|Strong Guys |Office boy |College evening student |Honorable discharge |

|Takes interest in her work |Repairman |Age 40 to 50 |U.S. citizen |

|Must wear coat and tie |Bicycle boy |Mature (30-55) |English must be mother |

|Pretty boy |Hostess |Age 20’s |tongue |

|Top lady-like appearance |Salesgirl |35 preferred |Filipino that speaks |

|Will fit position to man |Warehouseman |Boy |Tagalog |

|Shirt sleeves guy |Busboy |Average age |MARITAL STATUS |

|Bright, aggressive female |Cocktail waitress |Young and promotable |Single |

|Sharp sweet girls |Draftsman |Retired representative |Married |

|Want big ticket guy |Grill girl |Maximum 2-5 years |Unattached |

|Executive secretary-- |Salesman |experience |Married and stable |

|No men |Waiter |Junior position |No children |

|Can-do man |Maintenance man |Young |Prefers single |

|Man only |Policeman |Will train bright new |Couple |

|No pantsuits |Fireman |graduate |Without family problems |

|Sideburns not below |DISABILITY |Right out of college (2 |Family person |

|earlobes |Good physical shape |years) of service |Not married |

|Interested in seeing lots of |Work on your feet |Recent graduate, little or |No children calling all the |

|gals |Lean and mean |no experience |time |

|14-week training--wife can go, too |Slender appearance | | |

|A nice lady that knows | | | |

|up-to-date fashions | | | |

 

Source: CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

DFEH-166

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LAWS AND REGULATIONS DEALING WITH HUMAN RESOURCE MANAGEMENT

Federal and State of California as of 1-1-98

|LAW OR |POSTING REQUIREMENT |ENFORCEMENT |COVERAGE |SUMMARY |

|REGULATION | |AGENCY | | |

|Fair Labor |Yes-work |U.S. Dept. of |All employers |Federal minimum wage is |

|Standards Act |location |Labor; Wage & | |$5.75/hr./ overtime must be paid|

|(FLSA) | |Hour & Public | |after 40 hrs./wk at a |

| | |Contracts Division | |time-and-1/2. Effective |

| | | | |September 1, 1997 Federal |

| | | | |minimum wage will be $5.15. |

| | | | |Executive, admin., prof. & |

| | | | |outside sales employees are |

| | | | |exempt. Child labor protection. |

|  |  |Same as above |Employers w/ govt. |Employer must pay the prevailing|

|Walsh-Healey |Yes-work | |contracts in excess |minimum wage, time-and-1/2 after|

|Public Contracts |location | |of $10,000 |40 hrs./wk. |

|Act | | | | |

|Service Contract |Yes-work |Same as above |Employers w/ govt. |Employer required to notify |

|Act |location | |of $2,500 |employees of statutory wage |

| | | | |rights. |

|  |Yes-work |Same as above |Work on federally |  |

|Davis-Bacon Act |location | |financed construction |Employer must pay specified |

| | | |in excess of $2,000 |minimum hourly rates. |

|State Labor Code; |Yes-work |State Dept. of |All California |Basic state law governing |

|IWC orders |location |Industrial Relations |employers, except |employment relationships, |

| |(IWC Order; |Labor Standards |government |conditions, and child law. |

| |Payday Notice) |Enforcement | |Wages, hours and working |

| | | | |conditions governed by |

| | | | |applicable IWC industry order. |

| | | | |CA minimum wage is $4.75. |

| | | | |Minimum wage is at $2.85 for |

| | | | |minors learners. Overtime pay at|

| | | | |time-and-1/2 after 8 hrs./40 |

| | | | |hrs./week, 1st 8 hrs. on 7th |

| | | | |workday; double time after 12 |

| | | | |hrs./day or after 8 hrs. on 7th |

| | | | |day of work week. Admin., prof. |

| | | | |& exec. employees earning over |

| | | | |$1150/mo. are exempt. |

|  |Not specified |Special Counsel’s |All employers |Employers must verify the |

|Immigration | |Office, U.S. | |employment authorization of all |

|Reform & Control | |Justice Dept. | |individuals hired after the |

|Act of 1966 | | | |passage of the Act (Nov. 86). |

| | | | |Two types of documentation or |

| | | | |right to work and documentation |

| | | | |of identity. |

|  |No |U.S. Dept. of Labor |Employees of 100 |Employer must give 60-day |

|Workers Adjust-ment & | | |or more |advance written notice to |

|Retraining Notification Act| | | |employees and local govt. In the|

| | | | |event of a closing or mass |

| | | | |layoff of 50 or more employees. |

|  |Yes-hiring & |Equal Employment |Employers with 15 |Prohibits discrimination because|

|Civil Rights Act |work location |Opportunity |or more employees |of race, color, national origin,|

|Title VII | |Commission | |religion, sex, pregnancy |

| | |(E.E.O.C.) | |(including childbirth or related|

| | | | |condition) in any term, |

| | | | |condition or privilege of |

| | | | |employment. |

|  |Yes-hiring & |U.S. Dept. of |Employers with govt. |Prohibits discrimination against|

|Executive Order |work location |Labor; Office of |contracts in excess of |employee/ applicant and requires|

|11246 | |Federal Contract |$50,000 and over 50 |affirmative action to ensure |

| | |Compliance |employees |employment without regard to |

| | |Program | |race, sex, color, religion or |

| | | | |national origin. Revised Order |

| | | | |No. 4 requires affirmative |

| | | | |action to eliminate against |

| | | | |women and minorities. |

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LAWS AND REGULATIONS DEALING WITH HUMAN RESOURCE MANAGEMENT

Federal and State of California as of 1-1-98

|LAW OR |POSTING REQUIREMENT |ENFORCEMENT |COVERAGE |SUMMARY |

|REGULATION | |AGENCY | | |

|California Fair |Yes-hiring & |State & Consumer |Employer with 5 or |Prohibits discrimination |

|Employment and |work location |Services Agency; |more employees |because of race, religion, |

|Housing Act | |Dept. of Fair | |creed, color, national origin, |

| | |Employment & | |ancestry, physical handicap |

| | |Housing (DFEH) | |(including AIDS), certain |

| | | | |medical conditions, marital |

| | | | |status, ages (over 40), |

| | | | |pregnancy (incl. Childbirth or |

| | | | |related condition) and sex. |

| | | | |Mandatory retirement banned. |

|Age Discrimination |Yes-hiring & |E.E.O.C. |Employers with 20 |Prohibits age discrimination in|

|in Employment Act |work location | |or more employees |employment against individuals |

| | | | |40 or older. |

|Equal Pay Act |Yes-hiring & |E.E.O.C |Employers subject |  |

|of 1963 |work location | |to FLSA |Prohibits pay differentials on |

| | | | |basis of sex. |

|Agricultural |Prior to Election |Agricultural Labor |Employers in |Employer required to recognize |

|Labor Relations | |Relations Board |agriculture meeting |and deal with union desired by |

|Act | | |commerce tests |a majority of employees in |

| | | | |bargaining unit. Unfair labor |

| | | | |practices prohibited. |

|California’s Workers’ |Yes-hiring & work location |State Dept. of Industrial |All CA employers with |Employer must provide insurance|

|Compensation Insurance |(secures from ins. carrier) |Relations; Division of |full or part time |(or self-insure) covering |

| | |Industrial Safety |workers |accident and illness arising |

| | | | |from job. Provides 2/3 of lost |

| | | | |wages (maximum of $224/wk |

| | | | |beginning 4th day of |

| | | | |disability. If hospitalized, |

| | | | |benefit begins the 1st day. |

| | | | |Medical expenses covered. |

| | | | |$95,000 maximum death benefit. |

|OSHA (Federal Guidelines) |  |U.S. Dept. of Labor; |  |Employer required to furnish |

| |Yes |Enforcement actions reviewed by|All employers |safe employment to designated |

| | |the Occupational Safety Health |regardless of the |work place standards; required |

| | |Review Commission |number of employees |to have accident prevention |

| | | | |program, safety training and |

| | | | |scheduled safety inspections. |

|California Occupational |Yes-hiring & work location |State Dept. of Industrial |All CA employers |Cal-OHSA sets additional |

|Safety & Health Act | |Relations, Division of | |standards for safety beyond |

| | |Industrial Safety | |federal standards. Limits |

| | | | |employer actions relative to |

| | | | |discharge. |

|Consumer Credit Protection |No |U.S. Dept. of Labor; Wage & |All employers under the|Restricts garnishment |

|Act, Title III | |Hour Division |wage & hour law |withholding to 25% of |

| | | | |disposable income. Limits |

| | | | |employer actions relative to |

| | | | |discharge. |

|Calif. Code of Civil |No |  |All CA employers |Follows Federal law in |

|Procedure, Sec. 706.050 | | | |restrictions garnishment |

| | | | |withholding and limiting |

| | | | |employer actions relative to |

| | | | |discharge. |

|Non-Statutory Law |No |None (Civil Action ins State |All CA employers |Employer should avoid |

| | |Court) | |terminating employees (a) in |

| | | | |violation of public policy, or |

| | | | |(b) express or implied |

| | | | |contract. |

 

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LAWS AND REGULATIONS DEALING WITH HUMAN RESOURCE MANAGEMENT

Federal and State of California as of 1-1-98

|LAW OR |POSTING REQUIREMENT |ENFORCEMENT |COVERAGE |SUMMARY |

|REGULATION | |AGENCY | | |

|State Labor Code |No |State Dept. of Industrial |All CA employers |Section 432—Requires employers to |

| | |Relations Stds. Enforcement | |furnish upon employee’s request a |

| | | | |copy of the documents employee has|

| | | | |been obligated to sign. Section |

| | | | |432.2—Restricts employment |

| | | | |reference practices. Section |

| | | | |1198.5—Allows employees to inspect|

| | | | |their own personal file. |

|Calif. Civil, Sec. |No |  |All CA employers |Prohibits employers from |

|56.20-56.24 | | | |disclosing information from |

| | | | |medical records without employee |

| | | | |authorization. |

|Fair Credit Reporting Act |No |Federal Trade Commission |All employers |Employer must disclose to |

| | | | |applicants/employees the intent to|

| | | | |use, and results of credit |

| | | | |reports. |

|Calif. Health & Safety |No |DFEH accepts complaints of |All CA employers |Written consent necessary to test |

|Code, Sec. 199.20 | |discrimination based on AIDS | |employees/applicants for AIDS. |

| | | | |Test results cannot be used in |

| | | | |making employment decisions. |

|Drug Testing Non-Statutory |No |None (Civil Action in State |All employers |Employers’ right to subject |

|Law | |Court) | |incumbent employees to mandatory, |

| | | | |random testing is risky, |

| | | | |particularly for those employees |

| | | | |not in safety-related positions. |

| | | | |Testing applicants may be less |

| | | | |risky. In general, the legality of|

| | | | |drug testing is still undecided. |

| | | | |  |

|  |Yes-hiring & work location |U.S. Dept. of Labor—Wage & Hour|All employers except |Prohibits most employers from |

|Employee Polygraph | |Division |those in security or |using lie detector tests either |

|Protection Act of 1968 | | |pharmaceutical industries|for pre-employment screening or |

| | | | |during the source of employment. |

| | | | |Testing permitted if theft is |

| | | | |suspected. |

|  |Yes-hiring & work location |U.S. Dept. of Labor; Office of |  |Prohibits discrimination against |

|Rehabilitation Act of 1973,| |Federal Contract Compliance |Employers with govt. |defined handicapped persons. |

|Section 503 | |Program |contracts in excess of |Employers with 50 or more |

| | | |$2,500 |employees and contract of $50,000 |

| | | | |or more must prepare written AA |

| | | | |program. |

|Vietnam Era Veterans’ |  |U.S. Dept. of Labor, Office of |Employers with govt. |Requires affirmative action to |

|Readjustment Assistance Act|Yes-hiring & work location |Federal Contract Compliance |contracts in excess of |employ and advance in employment |

|of 1974 | |Program |$10,000 |qualified veterans and veterans of|

| | | | |the Vietnam Era. If employer has |

| | | | |at least 50 employees and |

| | | | |contracts in excess of $50,000, |

| | | | |must have written affirmative |

| | | | |action plan. |

|  |  |U.S. Dept. of Labor, Office of |  |Employers must give an employee |

|Federal Military Selective |No |Veteran’s re-employment rights |All employers |returning from U.S. military |

|Act | | | |service the same wages, benefits |

| | | | |and rights as the employee would |

| | | | |have received had he/she not left.|

| | | | |Employee must re-apply within 90 |

| | | | |days of release from service. |

 

LAWS AND REGULATIONS DEALING WITH HUMAN RESOURCE MANAGEMENT

Federal and State of California as of 1-1-98

|LAW OR |POSTING REQUIREMENT |ENFORCEMENT |COVERAGE |SUMMARY |

|REGULATION | |AGENCY | | |

|Jury Service & Selection |  |U.S. District Court |All employers |Employers may not discharge, |

|Act of 1968 |No | | |intimidate or coerce any full |

| | | | |time employee for service on a |

| | | | |jury. Time off for jury duty |

| | | | |must be treated as a leave of |

| | | | |absence, and employees must be |

| | | | |reinstated without loss of |

| | | | |seniority, insurance or other |

| | | | |benefits. |

|  |  |  |  |Employer must grant employees |

|CA Election Code, Sec. |Yes-work location | |All CA employers |up to two hours off with pay to|

|14350 | | | |vote. If necessary and |

|  | | | |requested. |

|Unemployment Insurance Code|  |State Employment Development |CA Employers who pay | Employer is required to |

| |Yes-work location |Dept. |$100 or more in |contribute from 0.3% up to 5.4%|

| | | |quarterly wages |(depending on experience |

| | | | |rating) plus 0.1% Employment |

| | | | |Training Fund tax, up to $7,000|

| | | | |of employee wages to finance |

| | | | |unemployment insurance |

| | | | |programs. Provides maximum |

| | | | |weekly to $166; maximum |

| | | | |duration 26 weeks. |

|  |  |State Employment Development |CA employers who pay |Employer is required to |

|Disability Compensation |Yes-work location |Dept. |$100 or more in |withhold from employee’s wages |

|Ins. (State Disability | | |quarterly wages |to finance non-industrial |

|Insurance) | | | |disability compensation. |

|Employee Retirement Income |  |U.S. Dept. of Labor; Office of |All employers |Requires extensive pension and |

|Security Act of 1974 |No |Labor Mgmt. & Welfare Pension | |welfare plan information, plus |

|(ERISA) | |Reports | |disclosure of information to |

| | | | |plan participants. Gives |

| | | | |protection and guarantee to |

| | | | |employees covered by private |

| | | | |pension and welfare plans. Sets|

| | | | |standards for employee |

| | | | |participation, funding methods |

| | | | |and establishes fiduciary |

| | | | |responsibilities. Requires |

| | | | |extensive disclosure of plan |

| | | | |information to participants. |

|  |  |Internal Revenue Service |  |Employers must extend the |

|COBRA |No | |Employers with 20 or |option of continued health |

| | | |more employees |insurance to employee, spouse |

| | | | |and dependents who otherwise |

| | | | |would lose such coverage as a |

| | | | |consequence of the employee’s |

| | | | |termination of other specified |

| | | | |circumstances. |

|  |  |U.S. Dept. of Health Education |  |Employer must offer health plan|

|Health Maintenance |No |& Welfare |Employers subject to |coverage option of membership |

|Organization Act | | |the FLSA with 25 or |in qualified HMO (Health |

| | | |more employees |Maintenance Organization), if |

| | | | |one is available where |

| | | | |employees live, Employer does |

| | | | |so voluntarily or upon demand |

| | | | |by qualified HMO, |

|  |Prior to election |National Labor Relations Board |  |Employer is required to |

|National Labor Relations | | |Employers doing $50,000|recognize and deal with union |

|Act | | |of business |desired by a majority of |

| | | | |employees in bargaining unit. |

| | | | |Unfair labor practices |

| | | | |prohibited. |

 

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