Due to legislative updates over the last year, California employers are becoming increasingly limited in the types of questions they can ask candidates during the application and interview process. Here are a few examples of questions that California employers cannot ask in 2019.
Although asking the question “have you ever been convicted of a crime?” was previously common practice during interviews and online applications, it is now illegal for employers with more than five employees to ask about or consider conviction history until after the candidate has received a conditional offer.
Additionally, while employers are free to inquire about salary expectations, asking a candidate how much they previously made is prohibited. The employer may only take salary history information into consideration along with other factors if it is voluntarily provided by the applicant
The question “where are you from?”, while seemingly innocent, can be interpreted as a question about the applicant’s national origin. And although the employer may ask if the applicant has the legal right to work in the US, California’s Labor and Workforce Development Agency prohibits employers from taking immigration status into consideration.
Other personal questions such as “when did you graduate high school?” or “are you married?” are off limits since they could lead to discrimination. Any questions related to parenthood, marital status, or age (unless the job has a legally enforced minimum age requirement) are prohibited until after the applicant has been hired.
If you or someone you know has been discriminated against during the hiring process, call (818) 630-7280 today for a free consultation with our employment attorney.