What information is a California employer legally forbidden from asking me about during a job interview?
California law forbids employers from asking about your salary history, your criminal record before a conditional job offer, and any personal characteristics protected by the Fair Employment and Housing Act (FEHA). Here is how to handle potentially illegal interview questions.
Step 1: Recognize Prohibited Question Categories
Understand the three main types of illegal inquiries. These include questions about your past salary, your criminal history (with limited exceptions), and your protected status, such as your race, age (if over 40), gender, sexual orientation, disability, medical condition, religion, or marital status.
Step 2: Prepare to Redirect the Conversation
If you are asked an improper question, you can politely redirect the conversation. For example, if asked about past salary, you can say, "I am seeking a salary that is competitive for this role, and I'm more interested in learning about the range you have budgeted." This shifts the focus back to your qualifications and the job itself.
Step 3: Document Any Illegal Questions Immediately
After the interview, make detailed notes. Write down the exact question asked, who asked it, the date, the time, and your response. This documentation is critical if you decide to take further action.
Step 4: File a Complaint with the Civil Rights Department (CRD)
If you believe you were denied a job because of an illegal inquiry or the information it revealed, you can file a complaint with the California CRD. You generally have three years from the date of the discriminatory act to file. You can start the process on the CRD's website at calcivilrights.ca.gov.
Important details and nuances:
Under the Fair Chance Act, an employer can run a background check after making a conditional job offer. However, if they decide to withdraw the offer based on your record, they must follow a strict notification and assessment process. While an employer cannot ask for your salary history, you can voluntarily disclose it if you believe it will help your negotiations.
Warnings and limitations:
These laws generally apply to employers with five or more employees. Proving that an illegal question directly led to you not getting a job can be challenging. A single improper question may not be enough to support a legal claim without further evidence of discrimination.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
Useful Links
Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 28
Updated: August 14, 2025
Employment Law
Worker rights, wages, and employment regulations
View All Questions