Added: Jeanette Queen - Date: 19.04.2022 08:03 - Views: 39795 - Clicks: 6546
New pre-employments regulations are going into effect that may open employers up for discrimination claims. All employment provisions of the FEHA anti-discrimination provisions apply to all employers with five or more full-time or part-time employees. FEHA revised regulations clarifying which pre-employment practices may constitute age, disability, or religious discrimination. The regulation is intended to prevent employers from seeking protected information from an applicant.
For example, an employer can no longer just ask about schedule restrictions because the restrictions may be due to religious reasons or related to a medical issue.
Rather, employers are required to ask applicants about restrictions unrelated to a protected category. Employers should update all applications that request availability to preclude protected activities listed above. Please note, this practice may not be considered unlawful if it is job related and consistent with business necessity, but this decision should not be made unilaterally, and employers should seek counsel from an experienced employment law attorney.
In addition to religious and disability discrimination, age is also a focus. The new regulation now codifies this rule and employers are prohibited from seeking this information on an application.
This applies to written or oral inquiries. Finally, any advertisement that would likely rule out older applicants is also deemed unlawful and could create liability for the employer. However, there is a narrow legal definition for this type of position, and the employers desire to make it a BFOQ is not enough.
Employers should seek legal advice prior to assuming a position meets a BFOQ. If you have any questions about available defenses, need assistance updating your application or need a review of your marketing material, please call the employment law experts at McKague Rosasco LLP. Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general information purpose only.
Information on this website may not constitute the most up-to-date legal or other information. You should always consult an experienced attorney if you have any questions about your business, policies, or your particular circumstances. Toggle .
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