4 ms·
Thought I would chime in with the CA laws. It's important to note that CA has some of the strictest employment laws in the US surrounding protected classes and
by meganpex 8y ago
Thought I would chime in with the CA laws. It's important to note that CA has some of the strictest employment laws in the US surrounding protected classes and more recently the notion of contractors and what's allowed there.
Some people have said it's perfectly legal to ask, and it most certainly is not. Some things may naturally come up in conversation in an interview but if they are specifically asking in writing, and/or in their application process that is illegal. Like others said, you might not get millions in a lawsuit, but depending on what state you're in, it wouldn't be hard to find a lawyer to take a case like this.
-Age: employers can't ask anything in the application or in the interview process that would indicate age. So an overt question of DOB is completely illegal as are any questions like "what years did you attend university?" or "how old were you when youtube became popular" all are questions that could indicate age.
-Citizenship: it is illegal to ask a candidate PRE OFFER what country their citizenship is in. But they are perfectly fine asking you "Are you legally authorized to work in the United States"
-Marital status: It is illegal to ask “Are you married?” “Have you been married?” The only thing marital status related that's okay to ask is if applicant has a spouse or child that is currently employed by the company.
-Copy of your passport: Absolutely not legal pre offer! No employer can require an applicant to produce employment authorization documents prior to hire.
-IBAN: Again, not allowed pre-offer. It's touchy to even ask for this info post-offer but nonetheless pre-offer is certainly not legal.
There are a ton of other protected classes in CA (that are also protected in the rest of the US in different ways/shapes/forms).