Interview questions are usually meant to establish how suitable the person being interviewed is for the available position. These questions also seek to establish whether the applicant has the mentality that will suit the job. However, some questions asked during an interview can be very personal. But in California there is a limit to the breadth of topics and questions that can be discussed during an interview, as some can considered illegal. These illegal interview questions generally violate the rights of the interviewee and usually seek to discriminate people based on different aspects of their life. This can therefore take the interview in a different direction and may not end up properly checking whether the applicant is a suitable applicant.

What interview topics/questions are considered illegal?

In California, there are guidelines for how to conduct a proper interview followed by a set of questions which can be deemed illegal by the law. Questions about the following areas of a potential candidate’s life that are illegal to inquire about include:

1. The sexual orientation of the person being interviewed.
2. Questions that seek to establish the religious beliefs of the applicant.
3. Questions regarding the applicant’s race or country of origin.
4. Asking the age of the applicant.

What do I do when an illegal topic arises?

It is always important to have done proper research before going for an interview to determine the illegal interview topics and questions that may arise. When one is aware of the illegal topics and questions it becomes easier to notice them while being interviewed. It is also the obligation of the employers to know the questions that they cannot ask the people they interview.

If during an interview an illegal topic or question is asked, it is important for the applicant recognize this and to notify the interviewer. According to California law, the interviewee is advised to refuse to answer the question, and report that the topic is illegal to cover. One should do it in a firm but polite manner without showing anger. The interviewee can also proceed to answer the question and then notify the interviewer that it is illegal if they wish to do so. This allows the interview to precede despite the inclusion of the illegal questions.

The California laws also give applicants the opportunity to file claims through contacting the local Equal Employment Opportunity Office. This particular office will look at the claim and take the necessary action against the interviewer to protect the person seeking employment. Therefore, when interviewing in California, it is always paramount to know the illegal interview topics or questions that can violate the civil rights of the person applying for a job.

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California law bans managers from choosing the states of employment in light of captures or confinements that did not bring about a conviction and investment to a pre-program diversionary. AB 1008 cancelations these arrangements for more grounded hostile to separation measures.

After producing results, it is against the law work rehearse for bosses with at least five representatives to:

1) incorporate on a job application any inquiry looking for the divulgence of a candidate’s conviction history

2) ask for the history of conviction until the point when a contingent offer is granted to the candidate

3) “consider, disperse, or scatter data identified as indicated earlier captures, redirections, and feelings.”

More On AB 1008

AB 1008 additionally extends the procedure for the disavowal of a job based “exclusively or to some degree” on the candidate’s conviction history. Bosses who expect to deny a candidate on these grounds should make a ”personal appraisal” of whether the candidate’s conviction history has an “immediate and unfriendly” relationship to the obligations of the activity.

On the off chance that the business confirms that there is an immediate and antagonistic relationship to the responsibilities of the event, the company must inform the candidate in composing of that choice. The candidate at that point has five working days to react before the notice the business settles on an official decision, and if the candidate debates the exactness of history conviction, they have an extra 5 days of work to get supporting proof and support a claim.

The California Labor Commissioner

In California current law, Commissioner of work is enabled to examine and report dissensions of countering or segregation that emerge from the Commissioner’s different examinations concerning a particular boss. The previous law, which is overhauled by SB 306, conceded Commissioner of work this energy to explore striking back or segregation just if a representative or other individual made a grievance. Going ahead, the Labor Commissioner won’t require an objection to research countering or separation identifying with a current examination.

On suspicion that a business has countered or oppressed representatives gave a progressing DLSE examination concerning the company, the Commissioner may start an investigation without any grievance. After finding “sensible reason” to trust that an infringement has happened, the Commissioner may appeal to the individual unrivaled court for injunctive help.

New California law restricts victimization benefit individuals given their enrollment or administration concerning work, status. AB 1710 grows this insurance, making it unlawful to victimize benefit individuals as for the rules, Benefits of work notwithstanding current assurances.

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With Gov. Jerry Brown signing some new bills into law last year (2017), it is essential for California entrepreneurs and lawyers to familiarize themselves with them. The new laws are diverse. They range from workplace protection laws, wages and hours, health and safety, leave and benefits to hiring practices laws.

Some of these mentioned laws are already in effect. They took effect on 1st January 2018. Therefore, all concerned employers should abide by these hiring practices to the last detail.

Background Checks

It is a common practice for employers to look into an applicant’s history and background. California employers should be careful and make sure they comply with the new laws that relate to hiring practices. The current situation implies that it is naive to judge a person’s competence based on their past.

Employers should not make their hiring decisions based on detentions or arrests that did not lead to a conviction in a court of law. They should also know that such decisions should not be based on participation and referral to any post or pre-trial diversionary program. Such measures no longer apply as they are deemed as discriminatory.

It is now unlawful for employers to:

1. a) Seek to know about conviction histories of potential employees. They should not ask for such information in any job application form.
2. b) Put into consideration the conviction history of a potential employee unless there is a conditional offer made to the job applicant.
3. c) Disseminate, distribute or consider any information that relates to specific prior convictions, diversions, and arrests.

One can no longer deny an applicant a job position solely because of their conviction history. When an employer seeks to do so, they should be able to point out and prove that such history will directly get in the way of the job’s duties.

If the employer can prove this, they should write to the applicant informing them of the reasons for such a decision. After this, the applicant can respond within five days. In case the applicant disputes such a decision based on facts and accuracy, he or she has five more days to get documents that support his or her claims and respond to notice of assessment.

However, various jobs are exempt from this rule. These include:

a) Criminal justice positions.

b) Local or state agency positions whereby one is expected to run background checks based on convictions.

c) Farm laborer contractor positions.

d) Positions where employers are required by federal, state or local law to run background checks based on criminal histories.

Determining Salary

Employers are also not allowed to inquire about an applicant’s salary history to determine if they will offer employment or what salary they will pay. They should not do this personally or through an agent.

The only time when an employer may consider salary history is when an applicant voluntarily, without any coercion or duress, gives out this information. Employers may also do this by use of information from Acts like Federal Information or Public Records although this process may be hectic and cumbersome.

All employers, including local or state governments, will upon the request of an applicant provide information about the pay scale of the sought position.

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Segregation and Other Improper Hiring Criteria

There are various components that employer are legitimately disallowed from considering when they choose whether to employ applicant. Some of these cases are perceived in each state; others are most certainly not.

Separation

Government, state, and even nearby laws restrict managers from settling on work choices in light of secured qualities, for example, race, sex, inability, religion, et cetera. On the off chance that a business chooses not to procure somebody for one of these reasons, the candidate may have a segregation assert.

Record of Loan Repayment

The current monetary atmosphere has left a lot of individuals with not as much as stellar credit records. Perceiving this, a developing number of states have passed laws precluding bosses from asking for or considering credit reports in their activity choices, in any event for specific candidates and positions. On that you weren’t procured in light of the fact that a business disgracefully took a gander at your credit report, you may have a lawful case.

Laborers’ Remuneration Claims

California disallows bosses from declining to enlist applicants since they have petitioned for specialists’ pay with past managers. Despite the fact that there are restricted special cases, you may have a lawful case against a business that turns you down in light of the fact that you have gathered laborers’ comp previously.

Criminal Records

State laws confine whether, and to what degree, managers can think about criminal history in choosing whether to procure a candidate. A few states don’t enable bosses to consider capture records, feelings that have been fixed or erased, or feelings that don’t identify with the position. A few states permit criminal records checks just for specific occupations. A sweeping standard of precluding any applicant with a criminal record may likewise be unfair, in light of the racial difference in captures and feelings in California.

Misrepresentation and Other Claims Based on Employer Statements

If a business makes purposeful distortions to persuade a candidate to take a new job and the worker makes a move in dependence on those announcements, the representative may have an extortion guarantee. These cases frequently come up if the new activity either doesn’t appear – letting the candidate well enough alone for work and in a tight spot – or endures just for a brief timeframe.

Cases Against A Former Employer

In a few conditions, a rejected candidate may have a lawful case against a previous business for keeping the candidate from landing another position.

Striking Back

The laws that fugitive segregation additionally preclude businesses from making a move against representatives or candidates who have practiced their rights under these laws. These cases are quite often brought by representatives who are let go, downgraded, or generally rebuffed for gripping of separation or badgering.

Be that as it may, a candidate who isn’t procured may have a striking back claim against a previous boss, if the candidate lost the activity in view of that previous business’ retaliatory activities. For instance, if the previous business lied regarding why the worker was terminated, or broadly expounded on the representative’s inadequacies notwithstanding a strategy of not giving references, a striking back claim may be practical.

Boycotting

California has laws that deny bosses from taking certain activities to keep previous applicants from landing new positions. Some deny bosses from really making a circling a “boycott”. Others are less exacting and disallow an assortment of activities a previous manager may remove to keep previous representatives from the workforce. To disregard this sort of law, the previous manager regularly needs to put forth dangers or false expressions.

Defamation

In the event that a previous employer deliberately puts forth a false expression that harms you or potentially keeps you from landing a position, you may have a maligning claim. In any case, if the previous business’ announcement is genuine – regardless of how awful – or made in accordance with some basic honesty, your case won’t get too far.

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When you are looking for a job, there are many papers that you will be required to fill and sign. It is however important to know what hiring paperwork is necessary and within the legal requirements. You should never sign anything without the help of a qualified lawyer lest you tie your own hands by getting into contracts with an employer that you cannot live up to or infringe on your rights. When you get hired be careful and go through each paper that is presented to you before you put your signature on it. Here is a look at the most common hiring paperwork documents you are likely to come across and what they are for.

W-4

This is a legal form that everyone in the US must fill. It informs the IRS of your tax filing status and how much of your salary will be withheld as income tax. This form will not just need to be filled on your first day at work but also subsequently on an annual basis. It should also be updated when your financial or personal status change.

I-9

Every employee that is placed on payroll by an employer must complete an I-9 form as is required by law. This is an Employment Eligibility Verification Form which declares that the employee is authorized to work in the United States. For this, identification and work status information needs to be provided.

Labor code §2810.5 Notice

This is a specific requirement for those who will be working in California. This form will contain the information that is required by the aforementioned labor code.

Other states will have different legal requirements depending on the state laws. Be sure to confirm what these are and fill all the hiring paperwork that you are required to.

In-house documents

The employer will most probably require you to fill several other forms with details they deem necessary. There are many documents which will differ from one employer to the other. Commonly these will include:

• Contact forms which will entail your physical address and other contact details for easy communication in case of any occurrences at the workplace.
• Job description entailing details of the job which the employer will use to monitor your performance.
• Employee handbook which outlines what the expected conduct of everyone at the workplace is. You will often be required to sign an acknowledgement to abide by this so be sure to fully understand every clause before signing.
• Employer property receiving and handling documentation. When you are handed keys, identification cards and other company property you will be required to sign that you have received and acknowledge to abide by the set regulations.

Third-party documents

The most common are documents by insurance providers who cover the employees medical and other policies. Some companies also outsource functions like payroll handling and others. Documents showing you agreeing to this need to be signed.

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At work discrimination is more common than you may suspect, and you have to know how to deal with discrimination when, not on the off chance that, it turns into an issue in your place of work. This is a great deal less demanding if you as of now have a job, however, imagine a scenario where you have a feeling that you are being segregated amid the hiring process. It’s difficult to demonstrate that you’ve been victimized amid the interview process, but, there are some other things you can do to address the circumstance.

An ideal approach to demonstrate discrimination is by use of a document or any other kind of documental proof. Proof of a line of addressing or remarks made amid the interview can demonstrate that you were victimized for a particular reason. Documented confirmation is ideal however it can be difficult to get having that most interviews are conducted orally.

The main thing you ought to do is address the interviewer that oppressed you. If this does not work, converse with somebody who is a position over the individual who conducted interview to you. You may even need to take your objection the distance to the top. Request an examination concerning your circumstance. Most institutions have processes set up that framework precisely how to deal with discrimination amid the hiring process.

Because companies have strategies against discrimination doesn’t imply that they uphold them. In a few occasions, discrimination is solidly settled in the organization. If so, you need to contact a lawyer. There are various lawyers that operate on discrimination law. They will have the capacity to let you know what your choices are and point you in the heading that you ought to go.

Make certain to get your work done. Converse with different applicants as well as employees to check whether they have been dealt with likewise. On the off chance that you can accumulate various witnesses, you will increase your chances of winning the case in an official courtroom. Once more, a lawyer can assist you with this.

There are various reasons why individuals are victimized, and you have to know how to deal with discrimination when it emerges. Discrimination may be against race, gender, religion, age and sexual introduction are among the most well-known. Keep in mind; discrimination can also come in numerous structures, for example, declining to hire, unlawful end, advancement shirking and so on. Discrimination can be difficult to demonstrate, however demonstrating these cases is crucial with regards to maintaining worker rights.

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