Our California employment law attorneys at Romero Law know there are multiple questions that employers may not ask applicants during the interview process.
However, as more California workers pursue their rights to switch jobs, and apply for new employment positions, they may be required to undergo reference and/or background checks during the interviewing process. In some cases, even after they have started their new position, there is an extensive onboarding process to ensure the employment files are complete.
The Department of Industrial Relations and its Labor Enforcement Task Force have assembled a list of applicants and workers’ rights that come with their employment journeys, to ensure they are protected while both interviewing and after getting the job.
Unlawful Questions are Not Acceptable on Applications, During Interviews, or in the California Workplace
There are two sides to every improper question a California employer may ask during an interview or after an individual has been hired.
- The questions were asked as simple mistakes.
- The questions were asked as intentional cases of discrimination.
If the latter is true, the employer must be held accountable for their unlawful behavior, so corrective measures are taken immediately, and other California workers are not subjected to a hostile work environment.
The bottom line is, employers cannot ask questions that in any way relate to a candidate or employee’s:
- Sexual orientation or gender identity
- Country of origin
- Marital status
- Family status
In addition, employers may not ask whether:
- You have filed a workers’ compensation claim in the past.
- You have been arrested on a charge that did not lead to conviction or about a pretrial or post-trial diversion program.
- You have a criminal conviction history until after a conditional offer of employment has been made.
In addition, a California employer may ask applicants about their previous salaries from former employment positions. They may ask about the individual’s pay expectations, but not what they made before.
If you believe your employer is discriminating against you in any way — either during the interview process or after you have been hired — contact our experienced Los Angeles County employment law attorneys to discuss your legal rights and options today.
We will help you navigate the process and protect your rights from the start of your claim, so you can move forward with confidence.
Our employment law firm and bilingual staff offer services in both English and Spanish and are available now to discuss your case during a free consultation by calling 626-396-9900 or contacting us online.