This in important article was contributed by Kristin Pagano, founder of Law Office of Kristin Pagano. To learn more about Kristin scroll to the bottom of this article. Employers have legitimate and appropriate reasons for inquiring into certain matters during an interview. However, there are certain topics that are strictly “off limits” and other areas where employers should exercise caution so as to avoid potential discrimination claims. California Govt. Code section 12940(d) makes it unlawful for an employer to “make any nonjob-related inquiry 
Seems simple enough, right? Well, it is important to be aware of the legal definitions of each of these categories. For instance, “sex” includes pregnancy, childbirth, breastfeeding, pregnancy-related medical conditions, and more.
Well-intended questions, and even “small talk” can be problematic. For example, take a look at the following impermissible questions:
– “What is your maiden name?”
– “How many children do you have?”
– “How old are your children?”
– “What is your native language?”
– “How old are you?”
Keep in mind, there are also other restrictions on the inquiry into an applicant’s criminal history, credit report, and social media username/passwords. For more information, contact an employment law attorney in your jurisdiction.
The information contained in this blog is for general informational purposes only and is not intended to be legal advice. The law changes frequently and varies depending on the jurisdiction. The information in this blog may not apply, depending on the your specific circumstances. This blog is not intended to substitute for the advice of an attorney licensed in your jurisdiction. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction. __________________________________________________________________ 
Kristin Pagano is a California-licensed Attorney practicing in San Diego, California. She earned her J.D. from the University of Southern California, Gould School of Law and a dual-B.A. from the University of Denver. Kristin Pagano helps small business clients comply with local, state and federal employment laws and regulations. She assists clients with employment matters such as drafting and reviewing employment contracts, employee handbooks and other employment-related legal documents.
[…] that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, or any intent to make any such limitation, specification, or discrimination.”
