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.

Photo Credit: Shutterstock/ Dragon Images

The post Dealing with Illegal Interview Questions appeared first on UELG.

It is normal that during job interviews, the employer will try to gather as much information as possible about you, but keep in mind that it is against the law for the employer to ask about or bring up certain topics. Keep an ear open for possible illegal interview questions. Sometimes this might be hard to catch, as they are usually pretty simple and common questions. FEHA (California Fair Employment and Housing Act) declared that topics are that off-limits can fall under:

• Racial / ethnic background and national origins
• Age (over 40)
• Religion
• Marital status
• Sexual orientation
• Sex / Gender
• Arrest and conviction record
• Medical conditions and physical disabilities
• Children

These interview questions can take in the form as:

• Do you have any kids?
• Do you take part in any religious holidays?
• Have you ever been arrested in the past?
• What country do you come from?
• Do you socially drink?
• Of what ethnic background is your accent?
• Are you planning on retiring in the near future?
• What is your credit score? Do you currently have any debt?
• When was the last time you used drugs?
• Are you pregnant?
• How old are you?

Though seemingly innocent questions, these questions are not legal as they can make the interviewee subject to discrimination. FEHA (applies to companies with five or more employees) prohibits employers from asking interview questions related to any of these topics, either it be during an in-person interview or in an application form. Questions about physical ability are permitted when the job being applied involves physical activities, and the employer would need to know if the applicant would be physically able to do certain tasks. This also applies to the rest of the mentioned illegal interview topics as well.  These laws were implemented to ensure that the employer would make hiring decisions based on characteristics that really mattered, such as skills, experience, and attitude.

Photo Credit: Shutterstock/ Africa Studio

The post Illegal Interview Questions and Topics appeared first on UELG.

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.

Photo Credit: Shutterstock/g-stockstudio

The post Hiring Paperwork You Will Encounter appeared first on UELG.

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.

Photo Credit: Shutterstock/Africa Studio

The post Handling Discrimination Tactfully During the Interview and Hiring Process appeared first on UELG.

Have you ever had a job interview where you wondered why in the world the prospective employer was asking certain questions that you thought were strange? If you thought they were out of place or unrelated, then you were probably right. There are questions and topics that shouldn’t be brought up during an interview. As a matter of fact, federal law prohibits an employer from asking questions that are not relevant to the job. All questions should be related to the job and not used to gather personal information.

Here are some common examples of interview questions that are actually illegal:

• What is your ethnicity?
• What is your sexual orientation?
• What is your religion?
• Do you attend church services regularly?
• Where were you born?
• How old are you?
• Do you have any disabilities?
• Are you married?
• Do you have children?

All of these questions have nothing to do with the job. The employer may ask if you have adequate transportation to get back and forth to work, but that is relevant to the job. It is relevant because your job depends on you being able to be there. The employer wants to make sure you can fulfil your obligation each day.

As for whether or not you have children, or married, those questions are not relevant to the job. Revealing you marriage status will also reveal your sexual orientation which is illegal for an employer to inquire about. Interviewers may inquire about children to know how committed you are to the job, but this is unlawful. Instead, they can ask you about general availability and what hours you can work.

An employer is not authorized to discriminate against you for anything at all. Many good candidates could be passed up due to discrimination. Everyone is to have an equal chance at getting the job regardless of their personal circumstances.

Unfortunately, there are still employers asking these questions, and they are getting by with it. They have been known to ask questions such as, “Will your children get in the way of your job responsibilities?” They may even ask, “Do you have adequate childcare so that you can carry out your job duties?” These questions are not needed.

Also, an employer may ask a question, such as “Are you physically capable of carrying out the job duties?” This is a viable question for the fact that some jobs require heavy lifting or have other physical demands. If a person is not able to carry out those physical requirements, then they may find that performing their job is tough. If someone says they can fulfil the physical demands, but they don’t, then they could lose their job. This question cannot be considered as a “disability” question.

If you find that you are being asked illegal questions in a job interview, you may be a doing yourself a favor to turn down a job offer. If they want to know the reasons why you are declining, there is nothing wrong with telling them that their questions were too personal.

If you feel unsure about the legal circumstances of your interview and an interviewer’s motives, contact us.

Photo Credit: Shutterstock/ Africa Studio

The post Common Interview Questions That Are Actually Illegal appeared first on UELG.

In case a prospective employer figures out that you’ve got a conviction or arrest record, you may find it hard to compete, most especially in the recent tight job market. However, the better side of it is that in the state of California there are some legal rights meant to protect job seekers who have criminal records.

State and federal laws have placed some limits on how an employer can make use of the criminal records of a job seeker before finally deciding whether to consider the person or not.

Legal Protections for Job Seekers with Criminal Records in California

State laws in some cases offer protection rights for job seekers who have criminal records. The state of California has placed more restrictions on the employers when compared with other states in the US. For instance, employers in California are not entitled to ask job applicants about:

*Certain Marijuana Offenses:-

Employers are not allowed to ask applicants about marijuana convictions that are considered minor and which are more than 24 months old.

*Sealed Records:-

Employers are prohibited also from asking about convictions which have been statutorily eradicated, expunged or sealed.

*Diversion Programs:-

Employers in some scenarios are not entitled to ask about an applicant’s referral to participation in a post- trial or pretrial diversion program.

*Arrest Records:-

An employer is also not supposed to ask applicants about prior arrests which did not lead to conviction.

Federal Protections for an Applicant with Criminal Records

The FCRA i.e. Fair Credit Reporting Act impose obligations on employers which request background checks on criminal records and on the companies which offer them. Employers are required to do the following;

*Get applicant’s written consent on time

*Tell the job applicant if he or she intends in any way to disqualify him/ her based on content of the report. The employer should also ensure that he or she gives the job seeker several copies of the report.

These are only a few facts of what you need to know about California laws on employer use of Arrest records. For more information about the subject of interest, contact us.

The post California Laws on Employer Use of Arrest Records appeared first on UELG.

Introduction

When you lose a job, what your former employer reveals to your prospective employer determines, to a large extent, whether you get the job or receive a rejection letter. Luckily, California reference law protects you from the obligation on certain forms of information he or she give to your prospective employer. So, if your previous employer breaches the law making you lose a job opportunity, you are entitled to a legal claim. You should, therefore, provide an honest list of your previous employments regardless of whether you left any of your past jobs on good terms or not.

Limits

The following are limits to the privileges protecting former employers on the information they can provide about you.

• Malicious statements; the law prohibits your previous employer from making statements founded on malice against you
• Unsolicited Communications; your past employer does not enjoy protection from the privilege should they deliberately contact your new or prospective employer,
• False statements; your employer is not allowed to make false statements about you.
• Protected activities; your employer has the obligation not to make statements about you pertaining some speech or activities that the California constitution prohibits.

The defamation claim

You can bring a defamation claim if your former employee makes false, an adverse statement about your performance to your potential employer who requested for a reference. The statements, then, prompts the prospective employer to decline to employ you on account of the damaging reference. Your past employer must have sound evidence for any assertion he or she makes about you. They cannot report untrue statements based on workplace gossip or rumors to your probable employer.

What California reference law says

Your previous employer does not contravene the law so long as they only provide the information your prospective employer asks for it, and act without malice. The law explicitly states that the protection covers your statements on your job performance, eligibility for hire and qualifications. However, statements on your union or other rigorous activities constitute a violation of the law. Similarly, you can sue your employer if he or she acts with careless contempt of their trust.

Conclusion

California reference law is solidly fact-specific and depends on the precise situation surrounding each case. So, if your past employer defamed you, pursue the law to recover damages from the employer. Any other form of misrepresentation from your previous employer amounts to flouting the law; they cease to be immune to employment reference law claim from you.

Photo Credit: Shutterstock/Kaspars Grinvalds

The post California Reference Law appeared first on UELG.

If you have wondered why your prospective employer asked questions that you thought were strange, then you are not alone. A lot of people actually revealed that their employer has inquired things that are far irrelevant to their job. You may know by now because of the title, but there are actually a lot of questions you should not be asked about especially on a job interview.

This is backed up by the federal law which prohibits employers from asking any question that would seem irrelevant to the vacant position. Employers must only ask questions that are related to the vacancy, instead of gathering personal information.

Below are just some of the many illegal questions you should NOT be asked on a job interview.

• Where do you come from? (ethnicity)
• What is, perhaps, your sexual orientation?
• Which religion do you belong to?
• How often do you perform church services?
• Where were you conceived?
• What is your place of birth?
• What is your age?
• What are your disability or disabilities?
• How many children do you have?
• Are you married?

All the questions listed above won’t have any effect on how you can or will perform your job. Regardless, employers still tend to ask their potential employees these seemingly harmless but very personal inquiries. Your employer can ask you on ways you can get back and forth from your home to the office, because it is relevant to your job. If you are still confused as to why, it is because the management needs to know how you will be able to transport yourself and report to work daily. Your employer would want to know that you are capable of fulfilling your obligation every day or on your duty hours.
When it comes to whether or not you are married or you have children, these type of questions are irrelevant therefore illegal to be asked on a job hiring interview. Most adults have their own partner in life and most people have children. Employers are not allowed to discriminate just because an applicant has children or is married.

As a matter of fact, employers are not allowed to say anything derogatory or discriminate you in any way or form. Sadly, there are many good and reputable candidates that have been passed up only because they have been a victim of discrimination. Everyone must have equal odds at snatching a job opportunity regardless of the circumstance they are in.

If by chance you have been asked any of the illegal questions listed above, it may suit your best interest if you just turn down the job offer. Once the employer asks why, just tell them that the questions asked were too personal. If you do so, this may even let them be aware that they are actually treading shallow waters.

Photo Credit: Shutterstock/ Africa Studio

The post Common Illegal Questions You Shouldn’t Be Asked During a Job Interview appeared first on UELG.