A job interview is an opportunity for an employer and a job applicant to learn about each other and determine whether they would be a good fit. But not every question is fair game. California law protects job applicants from being asked questions that could put them at an unfair disadvantage in the job market. Some of these questions are expressly prohibited by statute, and others have been found by courts to constitute hiring discrimination or otherwise violate the law.
No. 1: “How much money did you make at your previous job?”
The California Labor Code prohibits employers from asking job applicants about their salary history, whether directly or through a third party. Employers are also barred from relying on a job applicant’s salary history when making hiring or compensation decisions. These protections help ensure that employees are paid wages that reflect their skills and experience, rather than being boxed into a lower pay range based on past earnings. However, job applicants may still choose to disclose their previous salary as a negotiating tool if they wish.
No. 2: “Have you ever been arrested?”
California employers may not ask job applicants about arrests that did not result in a criminal conviction. Even if an arrest led to a conviction, employers are only permitted to inquire about it after extending a conditional offer of employment, not during the initial interview.
No. 3: “Do you have any disabilities or medical conditions?”
In California, employers are prohibited from asking job applicants about disabilities or medical conditions before making a job offer. Once a conditional offer has been extended, employers may ask limited, job-related medical questions to assess whether a job applicant can perform the essential functions of the position.
No. 4: “Are you pregnant or planning to have kids?”
It is unlawful to ask about pregnancy. Questions about family planning may improperly require job applicants to disclose protected information and may suggest discriminatory intent by the employer.
No. 5: “How old are you?”
It is improper for California employers to ask job applicants about their age or to ask any question designed to disclose their age, such as birth year. Hiring decisions must be based on qualifications, not assumptions about applicants and their abilities because of their age.
No. 6: “What is your immigration status?”
California law prohibits employers from asking job applicants about their citizenship or immigration status except where required by federal law. Although employers may ask whether a job applicant is legally authorized to work in the United States, the specific immigration status that makes the job applicant work-eligible is irrelevant.
No. 7: “Do you use marijuana?”
As of January 1, 2024, California law protects employees and job applicants from discrimination based on their off-duty, off-site cannabis use. Employers may not ask about a job applicant’s cannabis use or rely on drug tests that detect only non-psychoactive cannabis metabolites. Exceptions exist for certain federal or safety-sensitive positions, but for most jobs, questions about cannabis use are now off-limits.
If you have questions about what employers can and cannot ask during the hiring process, or would like guidance on conducting interviews in compliance with California law, call 916-612-0326 or email ([email protected]) Finley Employment Law today. Finley Employment Law serves clients throughout California, including Sacramento, Roseville, Davis, Folsom, and Elk Grove.
The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.