{"id":11379,"date":"2021-08-10T17:06:45","date_gmt":"2021-08-10T17:06:45","guid":{"rendered":"https:\/\/www.losangelesemploymentattorney.org\/?page_id=11379"},"modified":"2025-12-11T19:43:24","modified_gmt":"2025-12-11T19:43:24","slug":"preguntas-ilegales-en-una-entrevista-de-trabajo-2","status":"publish","type":"page","link":"https:\/\/www.losangelesemploymentattorney.org\/es\/illegal-job-interview-questions\/","title":{"rendered":"Preguntas de entrevista de trabajo ilegal"},"content":{"rendered":"

\"Preguntas<\/a><\/p>\n

All states, including California, have laws in place to protect workers and prevent employers from adverse actions based on discrimination. These policies include the hiring process and the questions that can be asked by employers. Specifically, the laws address what kinds of questions are illegal, since they can result in biased decisions, like choosing not to hire someone because of a disability or past legal violations.<\/p>\n

So, let\u2019s take a look at the most common subjects that employers are prohibited from asking about during a job interview.<\/p>\n

How old are you?<\/h3>\n

Age is one of the categories that protected by federal and state anti-discrimination laws. Thus, employers are prohibited from asking your age, as it can lead to bias against job candidates of a certain age and their perceived limitations. Prior to age discrimination laws in the workplace, those who were in their 40s and above regularly faced adverse employment actions, like being fired, turned down for employment, and denial of promotions and other opportunities by their employer<\/p>\n

Keep in mind that prospective employers cannot try to guess a person\u2019s age by asking indirect questions, like the year they graduated from college or high school.<\/p>\n

What is your marital status?<\/h3>\n

Asking whether you are married or not during a job interview is illegal under California\u2019s Fair Employment and Housing Act (FEHA). Such information can easily create a bias towards certain individuals, like those who are single, divorced, or living with someone they are not married to.<\/p>\n

Do you plan on having children?<\/h3>\n

As with questions about marriage, inquiries about family planning, including whether you have kids or plan on getting pregnant goes against the FEHA and federal anti-discrimination laws (Title VII of The Civil Rights Act of 1964). Such laws protect individuals who may face discrimination based on their family status or future intent to have children.<\/p>\n

\u00bfTienes alguna discapacidad?<\/h3>\n

Generally, this question should be avoided by employers during job interviews in California. At the federal level, employers face the risk of violating the Americans with Disabilities Act. The California Fair Employment and Housing Act also has prohibitions concerning disability discrimination and asking about someone\u2019s medical condition prior to extending a job offer.<\/p>\n

Exceptions can apply in situations where it\u2019s clear that the employee\u2019s condition would have a direct impact on their ability to do their job effectively. This is one scenario where an employer may be allowed to ask questions about any disabilities or pre-existing conditions that would interfere with essential job functions.<\/p>\n

What religion are you?<\/h3>\n

Asking someone about their religious affiliation \/ beliefs as part of a job interview is another action that is banned under the FEHA. This is meant to protect job applicants from discrimination based on their religious or spiritual beliefs, which includes observation of religious holidays, attending services, or living a lifestyle based on a spiritual philosophy.<\/p>\n

Do you have a criminal record?<\/h3>\n

Employers in California cannot ask candidates about their criminal history under the terms of the Fair Chance Act, aka, the \u201cban the box\u201d law.<\/p>\n

This law applies to employers that have 5 or more workers. Essentially, the legislation bans them from inquiring about a prospective employee\u2019s criminal history before they extend a conditional job offer. This policy promotes fair employment opportunities for all, even those with criminal convictions.<\/p>\n

Individualized Assessment after a Job Offer<\/h3>\n

Once the employer has extended a job offer to you, they are allowed to conduct a criminal background check. However, they must make an \u201cindividualized assessment,\u201d according to the terms of the Fair Chance Act: Criminal History and Employment.<\/p>\n

Under this law, employers can conduct \u201ca criminal history check\u201d after they offer you the job, but \u201can employer can\u2019t take back the job offer without considering the nature and gravity of the criminal history, the time that has passed since the conviction, and the nature of the job you are seeking.\u201d In essence, employers have to take a case-by-case approach, instead of rejecting a new hire solely on the basis of a criminal record.<\/p>\n

The Fair Chance Act also has procedures on what the employer must provide the applicant when they rescind a job offer:<\/p>\n

\u201cIf the employer decides to take back the job offer based on your criminal history, they must tell you so in writing, provide a copy of any conviction history report they relied on, and give you at least five business days to respond.\u201d<\/p>\n

P\u00f3ngase en contacto con nuestra firma de abogados<\/h3>\n

California is one of the most progressive states in the nation when it comes to employment discrimination. With that in mind, there\u2019s no need to stay silent if you believe that you were discriminated against during the hiring process. Please call us today and talk to a California employment rights attorney.<\/p>\n

We have a Zero Fee Guarantee policy, so there\u2019s no need to worry about the cost of legal fees. Your consultation is free, and you pay $0 upfront if you decide to go ahead with an employment discrimination lawsuit. We get paid only upon the recovery of your settlement or compensation from a jury verdict. So, if we lose your case, you pay $0 in legal expenses, guaranteed.<\/p>\n

We are available to assist you 24 hours a day, 7 days a week, so contact us anytime to schedule a free case evaluation.<\/p>","protected":false},"excerpt":{"rendered":"

All states, including California, have laws in place to protect workers and prevent employers from adverse actions based on discrimination. These policies include the hiring process and the questions that can be asked by employers. Specifically, the laws address what kinds of questions are illegal, since they can result in biased decisions, like choosing not…<\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"footnotes":""},"class_list":["post-11379","page","type-page","status-publish"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t