Pre-Employment Inquiry Guidelines
Lewitt Hackman, Shapiro, Marshall & Harlan
Pre-Employment
Inquiry Guidelines
California Department of Fair Employment &
Housing
Presented
as part of the "Hiring & Firing Practices" Seminar
by Sue Benavid-Arbiv Esq.
Lewitt
Hackman, Shapiro, Marshall & Harlan
1663 Ventura Blvd., 11th floor, Encino,
CA 91436
(818) 990-2120 • (818) 907-3220
sbendavid@lewitthackman.com
The California Fair Employment and Housing Act prohibits any non-job-related inquiry, either verbal or through the use of an application form, which directly or indirectly limits a person's employment opportunities because of race, color, religion, national origin, ancestry, medical condition, disability (including AIDS), marital status, sex (including pregnancy), age (40+), exercise of family care leave or leave for an employee's own serious health condition. The regulations of the Fair Employment and Housing Commission define this to include any question which:
- Identifies a person on a basis covered by the act
OR - Results in the disproportionate screening out of members of a protected group
OR - Is not a valid predictor (not a job-related inquiry) of successful job performance
It is the employer's right to establish job-related requirements and to seek the most qualified individual for the job. It is presumed that the information obtained through application forms an interviews is used by the employer in making selection and assignment decisions.For this reason, the employer should only make those inquiries necessary to determine the applicants eligibility to be considered for employment. Documents required for legitimate business purposes which reveal protected information 9such as birth certificates, naturalization papers, or medical histories) may be requested after a job offer is made, not before. Federal and state laws prohibit all employers of 25 or more persons (15 or more as of July 26, 1994) from requiring physical examinations prior to the point of hire. (The point of hire is reached once the employer has decided to hire and so informs the applicant.)
This guide is not intended to be an exhaustive compilation of all acceptable an unacceptable inquiries. The examples listed are representative of questions frequently asked. Those considered unacceptable are likely to limit the employment opportunities of persons protected by the Fair Employment and Housing Act. Answers to questions on pre-employment inquiries can be obtained by calling the Department of Fair Employment and Housing.
Collecting Applicant Flow Data:
It is not unlawful for an employer to collect applicant flow and other record keeping data for statistical purposes. Employers are encouraged to solicit this information on a voluntary basis in order to comply with federal and state requirements and to facilitate affirmative action efforts.
The material should be collected on a separate form or tear-off portion of the application and be filed separately. Misuse of this data constitutes a violation of the Fair Employment and Housing Act.
Click here to view Sample Application Questions