What is illegal for an employer to ask?

Birthplace, country of origin or citizenship. Disability. Gender, sex or sexual orientation. Marital status, family, or pregnancy.

What questions are employers in California prohibited from asking applicants?

The California Fair Employment and Housing Act (FEHA) prohibits any non-job-related inquiries of applicants or employees, either verbally or through the use of an application form, that express, directly or indirectly a limitation, specification or discrimination as to race, religious creed, color, national origin.

Is it legal for an employer to ask how much you make?

Employers can’t ask for or use salary history when offering employment or determining salary, benefits or other compensation. They can discuss the applicant’s pay expectations. Prohibitions don’t apply to information disclosed by the applicant.

Is California employer friendly?

While the federal government sets the minimum standard for employment protection, including the minimum wage and anti-discrimination laws, states are free to write their own employment laws. California is considered one of the most employee-friendly states in the U.S., with strict limits on work hours and other …

What can employers say about former employees in California?

Under California law, truthful communications about job performance or employment qualifications of a current or former employee are privileged as long as the communication is based on credible evidence and made without malice (CA Civ. Code Sec. 47(c)).

Can HR ask current salary?

A salary history ban prohibits employers from asking applicants about their current or past salaries, benefits, or other compensation. This means employers can’t ask about your current salary on job applications or other written materials or ask you about your salary in an interview.

Can a California employer ask you about your prior salary?

California employers can no longer ask job applicants about their prior salary and — if applicants ask — must give them a pay range for the job they are seeking, under a new state law that takes effect Jan. 1. AB168, signed Thursday by Gov. Jerry Brown, applies to all public- and private-sector California employers of any size.

What can former employers say about job applicants in California?

This article explains the limits on what former employers in California can say about job applicants when talking to recruiters, hiring managers, or potential employers.

Can a employer ask about a former employee’s salary?

The San Francisco ordinance also prevents employers in the city from releasing a current or former employee’s salary without consent. Most employers ask about an applicant’s previous salary in interviews or applications.

Can a former employer give information to a new employer?

No. The privilege only kicks in if the former employer is requested by the prospective employer to give the information. 16 An employer that takes their own initiative to communicate with a prospective employer, without having first been requested by the prospective employer to do so, does not receive the protections provided by the privilege.