Legal Question in Employment Law in California

online job board posting liability & descrimination

I have a web site that allows people from all over the world to post job openings. Do I have to worry about violating their local or my local employment descrimination laws?

For example, if a job poster puts as a employee requirement ''Practice Christian faith and commitment'' can I simply put this on my website.

If a job poster is a christian organization are they entitled to make such a requirement?

If a job poster is a girls summer camp, can they legally exclude males from camp conselor postions?

Thanks


Asked on 2/04/03, 6:12 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: online job board posting liability & descrimination

With limited exceptions, businesses may not discriminate against people, based upon classifications that are protected by law. A person's religious faith is Constitutionally protected and a person may not be denied employment because their faith is different from yours.

One of the exceptions that would apply is where the essential functions of the job being offered require that the employee practice your faith. That is why churches and other places of worship are exempt for non-secular jobs.

I would not recommend you adverstise in the manner you suggest without a close scrutiny as to what the job responsibilities are. You could be inviting a lawsuit.

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Answered on 2/11/03, 11:49 am


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