Interview Questions California Employers Must Avoid

California employers are subject to some of the strictest hiring rules in the country, which are aimed at protecting job applicants from discriminatory hiring practices. Asking even one wrong question during an interview can result in serious legal consequences, including discrimination lawsuits and substantial penalties.

Employers are prohibited from asking interviewees a wide range of personal questions that have no bearing on their ability to perform a job. Below, we outline some of the questions you cannot legally ask during a job interview and what to ask instead.

1. Questions About Marital Status

The first type of questions you should avoid asking are questions about an applicant’s marital status. Avoid asking applicants whether they are single, married, widowed, divorced, or engaged. You should avoid asking such questions because marital status is a protected characteristic under the state’s Fair Employment and Housing Act (FEHA). Such questions can easily be perceived as discrimination because they may imply you are making hiring decisions based on the individual’s personal life instead of their qualification.

If you have concerns about the applicant’s availability or scheduling, here are some alternative questions you can ask;

• “Can you meet the attendance and travel requirements for this role?”
• “Is there anything that might prevent you from working these shifts?”

2. Questions About Pregnancy or Family Plans

Asking an applicant if they are pregnant, planning to get pregnant, or if they have children can violate both state and federal laws, including the Pregnancy Discrimination Act (PDA). Questions such as “Do you have children?” or Are you pregnant or planning to get pregnant?” can signal bias against women of childbearing age.

Ask instead;

• “Can you work overtime occasionally?”
• “Can you meet the attendance and scheduling needs for this position?”

3. Questions About Age

California’s FEHA and the federal Age Discrimination in Employment Act (ADEA) protect workers over 40. Asking questions that reveal an applicant’s age can violate these laws.

Instead of asking about an applicant’s age, ask if an applicant meets the legal age requirement for the role and about their experience.

4. Questions About Religion

Religion is another protected characteristic in California, so questions about a person’s religious affiliation or worship practices are off-limits. Such questions can lead to religious discrimination claims.

Alternative questions include;

• “Are you available to work over the weekend?”
• “Can you meet the scheduling needs outlined in the job description?”

However, religious organizations can consider religion when hiring for roles where religious affiliations constitute a bona fide occupational qualification.

5. Questions About Disabilities

You can only ask questions about medical conditions, disabilities, or health history after making a conditional job offer. The FEHA and the Americans with Disabilities Act (ADA) prohibit such inquiries.

Before making an offer, you can ask an applicant if they can perform the job with or without reasonable accommodation.

6. Questions About Criminal History

The California Fair Chance Act, also called the “Ban the Box” law, prohibits employers from asking about an applicant’s criminal history before making a conditional job offer. However, certain exceptions exist for positions such as criminal justice entities.

Once you’ve made a conditional job offer, you can conduct a background check. Ensure you follow the required notification and evaluation process.

Other questions you generally cannot ask include questions about:

• Salary history
• National origin
• Race or ethnicity
• Sexual orientation or gender identity

Contact Us for Legal Help

To ensure compliance during the interview process, contact our skilled employment attorneys at SAC Attorneys LLP.