Quick Answer: What Law Has Been Violated If You Ask A Candidate For Employment To Give Their Date Of Birth In Ca?

Are companies allowed to ask for your date of birth?

Employers Can’t Ask an Applicant’s Age, and Volunteer Work is ‘Employment” under Human Rights Code.

Is it illegal to ask a potential employee their age?

While asking an applicant for his or her date of birth (DOB) is not unlawful, how the employer uses that information might be. Separate the background check authorization form and request for the DOB from the employment application.

What is illegal to ask on an application?

Make the Most of Your Job Application Questions should focus on job-related issues and protect the privacy and employment rights of all applicants. It’s illegal to ask about certain characteristics protected by law such as gender, age, race, religion, national origin, disability or marital status.

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What constitutes an EEOC violation?

Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

Is it illegal to ask about medical conditions?

It is also unlawful to make an inquiry regarding the nature and severity of a mental or physical disability or medical condition. However, an employer may inquire into the ability of an applicant to perform job-related functions and may respond to an applicant’s request for reasonable accommodation.

Can you lie about age on a job application?

Federal jobs involving law enforcement and air traffic control often specify a maximum entry age, generally 34-37 years. Applicants who lie about their age to qualify for these jobs could be prosecuted for making false or fraudulent statements and face a fine or imprisonment.

What questions are illegal for an employer to ask?

It is illegal to ask a candidate questions about their:

  • Age or genetic information.
  • Birthplace, country of origin or citizenship.
  • Disability.
  • Gender, sex or sexual orientation.
  • Marital status, family, or pregnancy.
  • Race, color, or ethnicity.
  • Religion.

Can my boss ask me about my personal life?

Generally speaking, an employer may not inquire or otherwise obtain facts about highly personal aspects of an employee’s private life. For example, an employer may not ask an employee about her sex life with her husband.

What can an interviewer not ask you?

Bottom line: you cannot ask questions that in any way relate to a candidate’s:

  • Age.
  • Race.
  • Ethnicity.
  • Color.
  • Gender.
  • Sex.
  • Sexual orientation or gender identity.
  • Country of origin.
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Can you legally ask someone if they are a US citizen?

It is against the law to knowingly hire someone who is not authorized to work in the United States. Even so, the Immigration Reform and Control Act generally forbids you from asking a person to prove his or her citizenship during a job interview or at any time before you offer employment.

Is it legal to ask for social security number on job application?

Is It Legal To Ask For Social Security Numbers On Job Applications? It is legal for employers to ask for SSNs on job applications. However, candidates are not obligated to provide it if they feel uncomfortable.

Can my employer ask my gender?

The simple answer is that legally your employer cannot ask you to identify your sexual orientation; however, there is a reason you may wish to volunteer the information. Collectively, these laws make it illegal for an employer to question and employee, or prospective employee, about his or her sexual orientation.

What are the 3 types of harassment?

Here are three types of workplace harassment, examples, and solutions to help you educate your employees for preventing workplace harassment.

  • Verbal/Written.
  • Physical.
  • Visual.

What are the 4 types of discrimination?

The four types of discrimination are direct discrimination, indirect discrimination, harassment and victimisation.

Is it worth suing your employer?

If you sue your employer, it won’t be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don’t have a valid legal claim against your employer, then you will ultimately lose your case. One big reason to think twice before you sue.

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