Legal Question in Employment Law in California

I got this email message from senior management (operations, not HR). Is it legal for them to ask these questions of current employees? CA company, CA employees.

Team,

I want you to do the following task. I want this done ASAP and I want it to be passdown to each shift properly so each shift does it accordingly.

I want the following in an email, with your name on the bottom and subject line so I know who is sending the email.

1. How many people you take care of financially. This includes if you help take care of your sisters child, your mom, your grandma, etc, any situations that you assist someone financially, I want to know about it. You can give me a number, including yourself, or a description, your call. If you only take care of you, that's 1, if you take care of you and your wife, that's two. Any questions, let me know, but its pretty straightforward.


Asked on 9/21/14, 9:39 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

It may be legal, but is highly questionable as to wisdom. I would assume it is for gathering info in order to make decisions on who to lay off, or who to offer transfer to other locations, based on hardship. Such info would already be contained in employee insurance applications and files at the company. This would be an easy way to get it quickly. Asking for a 'number' of dependents is only slightly intrusive of privacy, and likely not 'illegal' or actionable. HR should get complaints about this, anonymously if necessary.

If there were to be retaliation against employees for refusal to cooperate, that would have to be evaluated as to the cause given.

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Answered on 9/22/14, 1:46 pm


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