Can a California employer ask a bad question?
In this ever-changing legal landscape, it is important for California employers to know what they can and cannot ask candidates in a job interview. Although Michael Scott ’s fictional character in The Office would have us believe there is no such thing as a “bad question,” that expression holds less true in California today than ever.
Are there any job interview questions in California?
California’s legislative updates in the last year have made job interviews more perilous than ever for the unwary employer. The Legislature has recently introduced prohibitions on salary history and criminal conviction questions for certain employers.
Can a California employer ask for salary history?
With the passage of AB 168, effective January 1, 2018, California employers must not ask job applicants for “salary history information” or rely on
When do employers have to comply with California law?
Employers must comply with all the federal, state and local laws that apply to their workforce, Kasper explained at the California State Council of the Society for Human Resource Management’s 2017 California State Legislative and HR Conference on April 20 in Sacramento.
What kind of questions do employers ask in California?
Such questions, though seemingly offhanded, can be interpreted as questions about the applicant’s national origin. Also, California’s Labor and Workforce Development Agency has made it clear that the state’s labor protections apply to all employees—regardless of their immigration status.
What can former employers say about job applicants in California?
This article explains the limits on what former employers in California can say about job applicants when talking to recruiters, hiring managers, or potential employers.
With the passage of AB 168, effective January 1, 2018, California employers must not ask job applicants for “salary history information” or rely on
Who is an employer in the state of California?
Under California law, an employer is any person (as defined in Section 18 of the Labor Code) who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours or working conditions of any person.
Is it illegal to ask the check the box question?
What used to be a common check-the-box question on employment applications is now illegal to ask before the employment offer stage. In late 2017, California joined several states in introducing “ban the box” laws to reduce barriers to applicants in the pre-hiring stage. Under AB 1008, California employers with more than five employees now must not
What kind of questions can you ask at an interview in California?
Questions about a candidate’s age are prohibited under both California’s FEHA and the federal Age Discrimination in Employment Act. Thus, employers should stay away from questions that could reveal a candidate’s age, like “What year did you graduate high school?”
Can a California employer ask about an applicant’s prior salary?
Assembly Bill 168 prohibits California employers from asking about an applicant’s prior salary. If an applicant asks, employers are also required to provide a pay range for the job. 2 According to the bill’s sponsor, the law will help reduce the gender wage gap in California.
What to not ask on an employment application in California?
With holiday hiring in full swing, it is a good time to review some basic rules about employment applications in California. In general, employers should not request the following information on employment applications: Social Security numbers.
Can a California employer ask about your criminal history?
Updated May 18, 2021 California’s ban the box law prohibits employers from inquiring into an applicant’s criminal history before making a conditional offer of employment. Even after making an offer of employment, an employer cannot deny the applicant because of a conviction without making an individualized assessment.
Assembly Bill 168 prohibits California employers from asking about an applicant’s prior salary. If an applicant asks, employers are also required to provide a pay range for the job. 2 According to the bill’s sponsor, the law will help reduce the gender wage gap in California.
What kind of questions can employers ask applicants?
• Questions regarding applicant’s complexion, color of eyes, hair or sexual orientation. CREDIT REPORT• Any report which would indicate information which is otherwise illegal to ask, e.g , marital status, age, residency, etc. Statement that a photograph may be required after employment. PHYSICAL DESCRIPTION, PHOTOGRAPHS, FINGERPRINTS