| In California it is an unlawful practice for an employer, | | | | 3. What is your nationality ? |
| to discriminate on the basis of race, religious creed, | | | | These questions pertain to race and national origin and |
| color, national origin, ancestry, physical disability, mental | | | | therefore illegal. |
| disability, medical condition, marital status, sex, age, or | | | | 4. Are you Christian ? |
| sexual orientation of any person. This includes hiring, | | | | 5. Do you go to church ? |
| selection for a training program leading to employment, | | | | 6. Do you believe in God ? |
| compensation or terms, conditions, or privileges of | | | | 7. Do you accept Jesus Christ as your savior ? |
| employment. The only exceptions are for bona fide | | | | 8. What is your religion ? |
| occupational qualifications, or applicable security | | | | 9. Are you a Mormon ? |
| regulations established by the United State or the | | | | 10. Are you a Satanist ? |
| State of California. | | | | These questions pertain to religion and therefore illegal. |
| There are also exceptions where the employee, | | | | The employer is permitted to ask if the applicant |
| because of his or her physical or mental disability, is | | | | practices a religious belief that requires special |
| unable to perform his or her essential duties even with | | | | accommodation. |
| reasonable accommodations, or cannot perform those | | | | 11. Where were your parents born ? |
| duties in a manner that would not endanger his or her | | | | 12. Where were your grandparents born ? |
| health or safety or the health or safety of others even | | | | These questions pertain to ancestry and likewise illegal. |
| with reasonable accommodations. | | | | 13. How is your health ? |
| California law does not does not prohibit an employer | | | | 14. Do you have a heart condition ? |
| from refusing to hire, or discharging an employee who, | | | | These questions pertain to disability and are illegal. The |
| because of the employee's medical condition, is unable | | | | employer is permitted to ask if the applicant has any |
| to perform his or her essential duties even with | | | | disability that would require reasonable |
| reasonable accommodations, or cannot perform those | | | | accommodations. An employer cannot discriminate on |
| duties in a manner that would not endanger the | | | | the basis of disability or perceived disability. If a |
| employee's health or safety or the health or safety of | | | | prospective employee appears to be disabled and the |
| others even with reasonable accommodations. | | | | employer uses the perceived disability as the basis for |
| California law, alsodoes not prohibit refusal to employ | | | | refusing to hire a prospective applicant or the basis to |
| or the discharge of an employee who, because of the | | | | terminate an employee, then a claim against the |
| employee's medical condition, is unable to perform his | | | | employer arises. |
| or her essential duties, or cannot perform those duties | | | | 15. Are you married ? |
| in a manner that would not endanger the employee's | | | | 16. Are you single ? |
| health or safety or the health or safety of others even | | | | 17. What is your marital status ? |
| with reasonable accommodations. | | | | These pertain to marital status and under California |
| Sometimes employers have tried to use the excuse | | | | law are illegal. Some benefit plans may provide greater |
| that customers prefer a particular type of employee | | | | benefits to married employees, but generally permitted |
| as a bonafide occupational qualification, but generally | | | | even though they may favor married employees. |
| the courts have rejected these defenses. Some | | | | 18. Are you gay ? |
| employers have claimed, their customers prefer | | | | 19. Are you a lesbian ? |
| women, or that their customer prefer to be served by | | | | 20. What is your sexual orientation ? |
| white waiters, but these are not bonafide occupational | | | | Under California law it is unlawful to discriminate on the |
| qualifications. | | | | basis of sexual orientation. |
| As such an employer cannot ask questions pertaining | | | | 21. Are you planning to get pregnant ? |
| to the protected class. During a job interview | | | | California prohibits discrimination on the basis of |
| employers are not permitted to ask questions | | | | pregnancy and requires certain employers to give time |
| pertaining to the applicants race, religious creed, color, | | | | off for pregnancy. |
| national origin, ancestry, physical disability, mental | | | | 22. What year did you graduate from high school ? |
| disability, medical condition, marital status, sex, age, or | | | | 23. How old are you ? |
| sexual orientation of any person. The following | | | | 24. What is your birth date ? |
| questions are sample questions that are unlawful and | | | | Age discrimination is prohibited against persons age 40 |
| should not be asked of prospective employee: | | | | and over, and therefore these questions cannot be |
| 1. Where were you born ? | | | | asked of prospective employees over the age of 40. |
| 2. Where are you from ? | | | | An employer can ask if the person is over 18 or 21. |