Are employers allowed to require job applicants to provide references?

Yes, employers in California are allowed to require job applicants to provide references as part of the job application process. However, employers must ensure that they are not explicit or implicit in their reference request or subsequent use of the reference that would lead to discrimination. The California Fair Employment and Housing Act (FEHA) prohibits employers from making discriminatory decisions on the basis of protected characteristics such as race, color, religion, sex, national origin, disability, sexual orientation, or age. Therefore, when requesting references, employers should ensure that they do not ask questions that could reveal job applicants’ protected characteristics or potential bias, such as asking for references from a certain religious organization or a reference attesting to the applicant’s church attendance. In addition, employers should not ask references for information that could reveal an applicant’s disabilities or possible need for a reasonable accommodation. This includes not asking for information about the applicant’s medical history, past medical treatments, or any other medical information. Employers must also ensure that the reference information is used for the intended purpose and is not shared with other departments for any other purpose. This can help protect applicants from discrimination when employers are considering them for a job.

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Are employers allowed to require job applicants to provide references?

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