Are employers allowed to ask job applicants questions about their gender identity?
No, employers are not allowed to ask job applicants questions about their gender identity in California. This is due to a law known as the Fair Employment and Housing Act (FEHA). This law states that employers cannot discriminate against job applicants on the basis of gender identity. In California, gender identity is defined as a person’s self-identification, whether or not that self-identification is in the traditional gender binary or not. Employers must treat applicants for jobs the same regardless of gender identity, and must provide equal opportunities when it comes to employment. The California Department of Fair Employment and Housing (DFEH) enforces this law. If an employer does ask questions about an applicant’s gender identity, the DFEH will investigate the complaint and take action accordingly. Employers found to be violating this law can be fined and/or face other penalties. It is important that employers know their rights and responsibilities under the Fair Employment and Housing Act. Asking applicants questions about their gender identity is not only prohibited, but it is also a violation of the law and can lead to serious consequences.
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