Legal Question in Employment Law in California
Illegal Job Interview Questions
I was recently interviewed for a job, and was asked ''How old are you?'' and, ''Are you a parent?'' In fact I am 26 and most certainly appear to be over 18, so I know the question--although illegal regardless--was not asked to determine the legality of employing me. Also, I stated on my application that I was over 16 and over 18 where asked. As a woman, the question relating to my family status was, I feel discriminatory. I warmly informed the interviewer that I did not believe he was supposed to ask my age. Although I was hired on--surely in part because I gave the ''correct'' answer and revealed that I did not have children, I still wish to see that these interview practices are stopped. What are my options? May I pursue the issue anonymously?
1 Answer from Attorneys
Re: Illegal Job Interview Questions
Unfortunately, during the interview process, women are often the target of illegal hiring questions. Questions about marital status, credit history, childbearing plans,and age are illegal. The questions posed to you were illegal. Complaints are typically filed with the EEOC and California state agencies, including the Attorney General's Office. When charges of discrimination are filed, the burden of proof usually falls on the employer to show that all pre-employment questions are job-related and not discriminatory. If discrimination is found, an applicant may be awarded damages, including a job offer, attorney costs, and other benefits. In addition to state law,pursuant to the Civil Rights Act of 1991, successful claimants may also demand jury trials and receive compensatory damages (i.e., money paid for emotional pain and suffering) of up to $300,000, depending on the employer's size, and punitive damages, plus legal fees and money for expert witnesses who testify at the trial.
Although you were hired,there is the potential that your answers to these questions will affect how the employer treats you once employed. In addition, there may be others who were not hired and were discriminated against. It would be worth looking into further.
If you would like to discuss further, please do not hesitate to contact me.
Yours truly,
Bryan
619.400.4929
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
