Are employers allowed to require job applicants to complete a questionnaire?

Yes, employers in California are allowed to require job applicants to complete a questionnaire with one crucial exception. Employers are not allowed to ask for information about the applicant’s race, gender, age, ethnicity, national origin, sexual orientation, marital or parental status, or disability. Asking such questions can be considered employment discrimination and is illegal in California. Any questionnaire employers are allowed to require must be job-related and necessary for the job in question. Employers cannot ask questions that are unrelated to the job, such as about an applicant’s religious beliefs, medical history, or political views. Such inquiries are considered illegal and can lead to discrimination claims. In addition to any questionnaire, employers are also allowed to conduct background checks and verify references as part of the job application process. However, employers must obtain permission from the applicant to do so and must provide the applicant with information about the background check they plan to conduct. Employers are also not allowed to require the applicant to pay for these checks. Ultimately, employers are allowed to require job applicants to complete a questionnaire if it is relevant to the job and does not ask questions about any of the characteristics protected by California’s employment discrimination laws. This helps to ensure that employees are judged on their qualifications alone and not on irrelevant factors.

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