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Protect Yourself Against Employment Discrimination when Applying for Jobs

Posted on in Employment

CA employment attorneyThe rapid approach of summer in San Jose means many employers will be putting out ‘help wanted’ signs. Whether you are searching for a seasonal position, something part-time to supplement your existing income, or hope to make a major career move, it is important to prepare yourself for the interview process. Unfortunately, there is a chance you could encounter employment discrimination in a potential employer’s hiring practices and interview policies. The following can help protect your rights in these situations.

What Employers Can and Cannot Ask on Applications and in Interviews

While restaurants, hotels, retail stores, and other businesses in the hospitality industry typically require additional help in the summer months, they are not the only employers currently hiring. The city of San Jose itself currently has more than 600 job openings. Among the various positions available include city accountants, code enforcement officials, electricians, police officers, and park rangers.

Whether you are applying for these or other positions, even if it is only a part-time or temporary job, you will likely be required to go through an extensive application and interview process. While you will want to provide prospective employers with as much information as possible about yourself, your assets, and your potential with the company, keep in mind that there are certain topics employers are not permitted to ask about. According to the California Department of Fair Employment and Housing (DFEH), questions you can and can’t be asked include:

  • Right to work in the U.S.: While employers are permitted to ask about your legal status, they cannot ask about any family members or require you to produce citizenship papers or a work visa until you are hired.
  • Language and culture: If it is relative to the job, they can ask about other languages you speak, but they cannot ask about your nationality, lineage, or national origin.
  • Health and disability: An employer may ask if you are able to perform job-related tasks, but they cannot ask about your general health or any mental or physical disabilities you have.
  • Criminal record: While they are entitled to know if you have any past convictions, you do not have to reveal information about arrests in which charges were dropped or about convictions that were sealed or expunged.
  • Job availability: An employer can state what days, shifts, or hours are required, but they may not ask about your marital status, whether you have children or other family obligations, or what religion you are and whether you attend religious services or observe certain holidays.

Contact Our Bay Area Employment Discrimination Attorneys

If you suspect you are a victim of job discrimination, either during the interview process or once you are hired for a job, the Jachimowicz Law Group is here to help. Call 408-246-5500 or contact our skilled San Jose employment law attorneys online and request a consultation to discuss your options today.

 

Sources:

https://sanjosespotlight.com/san-jose-has-nearly-600-job-openings-but-its-an-improvement/

https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2017/06/DFEH_PEI-Guidelines.pdf

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