Can an employer refuse to hire an applicant based on his or her age?
In California, it is illegal for employers to refuse to hire an applicant based on his or her age. This is called age discrimination and it is a violation of the Federal Age Discrimination in Employment Act, the California Fair Employment and Housing Act, and the California Labor Code. This means that employers cannot use age as a factor in their hiring or firing decisions. However, employers are allowed to consider the age of an applicant in some specific situations. For example, they can consider age if they are looking to hire someone to perform a job that has specific legal requirements regarding age. This can include jobs such as a bartender, or a pilot, or any job requiring a license based on age. Employers in California should also be aware that other labor laws may protect applicants over 40 from discriminatory practices. For example, the California Family Rights Act prohibits employers from discriminating against employees or applicants because of their age when determining certain benefits, such as leave, vacation, or retirement plans. In summary, employers in California cannot refuse to hire an applicant because of their age. They can, however, consider age in certain situations that are permitted by law. Employers should also be aware of other labor laws in California that may protect applicants over 40 from discriminatory practices.
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