Cal. Code Regs. Tit. 2, § 11079 - Pre-Employment Inquiries, Interviews and Applications
(a) Advertisements. Unless age is a bona fide
occupational qualification for the position at issue, advertisements for
employment that a reasonable person would interpret as deterring or limiting
employment of people age 40 and older are unlawful. (See section
11010(a) for the
definition of bona fide occupational qualification.) Where there is no bona
fide occupational qualification, examples of prohibited advertisements include
those that designate a preferred applicant age range or that include terms such
as young, college student, recent college graduate, boy, girl, or other terms
that imply a preference for employees under the age of 40.
(b) Pre-employment Inquiries. Unless age is a
bona fide occupational qualification for the position at issue, pre-employment
inquiries that would result in the direct or indirect identification of persons
on the basis of age are unlawful. Examples of prohibited inquiries are requests
for age, date of birth, or graduation dates, except where age is a bona fide
occupational qualification. This provision applies to oral and written
inquiries and interviews. (See section
11016(b), which is
applicable and incorporated by reference herein.) Pre-employment inquiries that
result in the identification of persons on the basis of age shall not be
unlawful when made for purposes of applicable reporting requirements or to
maintain applicant flow data provided that the inquiries are made in a manner
consistent with Section
11013 (and particularly subsection
(b)) of Article 1.
(c)
Applications. Unless age is a bona fide occupational qualification for the
position at issue, it is discrimination on the basis of age for an employer or
other covered entity to reject or refuse to provide equal consideration of the
application form, pre-employment questionnaire, oral application, or the oral
or written inquiry of an individual because the individual is age 40 or older.
(See section
11016(c), which is
applicable and incorporated by reference herein.)
(1) Subsection (c) prohibits the use of
online job applications that require entry of age in order to access or
complete an application, or the use of drop-down menus that contain age-based
cut-off dates or utilize automated selection criteria or algorithms that have
the effect of screening out applicants age 40 and older. Use of online
application technology that limits or screens out older applicants is
discriminatory unless age is a bona fide occupational qualification. (See
section 11010(a).)
Notes
2. Amendment of section heading, section and NOTE filed 4-14-2020; operative 7-1-2020 (Register 2020, No. 16).
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12940 and 12941, Government Code.
2. Amendment of section heading, section and Note filed 4-14-2020; operative
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