non binary option employment california
Our chore application asks applicants to state their gender. Is that immune under California law?
California police prohibits employers from request, either directly or indirectly, about an private's sex or gender. Therefore, job applications should not include any questions about an applicant's sex or gender.
For employers who must request data about sexual practice or gender for legally required government reporting (such as EEO-i Reports), the disclosure of that information must be voluntary. In improver, you can't discriminate against someone who refuses to provide that data.
The prohibition on asking about gender was part of 2017 amendments to California's Fair Employment and Housing Act that clarified and expanded protections for transgender individuals.
Also Off-Limits
Gender isn't the only topic that is off-limits on applications. Although employers previously may have asked applicants to country what they were paid at prior jobs, that is no longer allowed in California. The salary history ban that went into event in 2018 prohibits employers from asking an applicant nigh salary history.
Similarly, California's ban-the-box law, which also went into effect in 2018, requires employers to expect until after a conditional offering of employment has been made to inquire nearly an applicant's criminal background. That ways no questions on applications about criminal background.
Local ordinances besides limit an employer's power to ask about criminal background earlier a conditional offer is made.
Review Chore Applications
Employers should review job applications to make sure they accept been updated to remove any questions well-nigh sexual practice or gender, salary history or criminal background.
CalChamber members can find more than information about applications, including sample job applications, in Applications for Employment in the Hr Library.
Source: https://hrwatchdog.calchamber.com/2019/04/gender-questions-job-applications/
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