Employers can’t discriminate based on sex. Employers can, however, refuse employment if sex is a bona fide occupational qualification (BFOQ). Employers can’t base a BFOQ on sex stereotypes or customer, client, or employer preferences.
Can gender be a job requirement?
Yes. An employer may make gender part of a job requirement, but only in extremely narrow circumstances. … A BFOQ relates to the essence, or central purpose of the employer’s business. For example, it is permissible for an employer to require female employees to model ladies swimsuits.
Do you have to tell your employer your gender?
The simple answer is that legally your employer cannot ask you to identify your sexual orientation; however, there is a reason you may wish to volunteer the information. … Collectively, these laws make it illegal for an employer to question and employee, or prospective employee, about his or her sexual orientation.
What are employers not allowed to ask?
Birthplace, country of origin or citizenship. Disability. Gender, sex or sexual orientation. Marital status, family, or pregnancy.
What is illegal to ask on a job application?
Make the Most of Your Job Application
Questions should focus on job-related issues and protect the privacy and employment rights of all applicants. It’s illegal to ask about certain characteristics protected by law such as gender, age, race, religion, national origin, disability or marital status.
What is illegal to ask during an interview?
Any questions that reveal your age, race, national origin, gender, religion, marital status and sexual orientation are off-limits. …
Can an employer ask if you smoke?
Employers are prohibited from asking about an applicant’s physical or mental health, and smoking falls under this category because it could suggest an applicant is more likely to suffer from smoking-related health problems such as respiratory ailments or even lung cancer.
Why do companies ask for your race?
Companies gather this data for three main reasons: To make sure they are maintaining non-discriminatory, ethical, and legal hiring practices; To measure the validity of their process (i.e. make sure one group isn’t being eliminated at a higher rate than others); To send this information to the government.
Can a boss ask why you are sick?
Is it legal for an employer to ask why you are sick? No federal law prohibits employers from asking employees why they are out sick. They are free to ask questions such as when you expect to return to work. They may also require you to furnish proof of your illness, such as a note from a physician.
Can my boss ask why I am going to the doctor?
As an employer, you are not allowed to ask about an individual’s past or present personal health, including operations, hospital visits, or doctor’s appointments. You also need to avoid any questions about mental health, disabilities, and anything else related to the mental and physical status of the employee.
Can an employer ask for proof of religion?
Religious Discrimination in the Workplace
If you didn’t make a reasonable accommodation request, your employer generally doesn’t have legal grounds to ask you about your religious beliefs. … Under the California Fair Employment and Housing Act (FEHA), it is illegal for an employer to discriminate based on religion.