Are employers allowed to require employees to disclose personal information?

In California, employers are generally not allowed to require their employees to disclose personal information unless the employee’s safety is at stake. Employers in California must comply with the California Consumer Privacy Act. Generally, employers are not allowed to ask about an employee’s race, religion, gender, sexual orientation, disabilities, or aging. However, employers may require employees to provide certain personal information such as name, address, and contact information as a part of the employment agreement in order to hire the employee. Employers are also allowed to acquire information about an employee’s financial history, such as credit reports or banking information, as long as it is used in relation to the employee’s job duties. Employers may also ask for information about an employee’s criminal record if it is relevant to the employee’s job duties and the employer has informed the employee of the relevant laws surrounding criminal records. In addition, employers may require employees to provide medical information in order to evaluate the employee’s ability to perform the job duties. In general, unless required by law or necessary for the job duties, employers should not require employees to disclose any personal information. They should also only ask for the information that is strictly necessary to verify the employee’s identity or to evaluate the employee’s background.

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