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Illegal Questions

 Word About Illegal Questions

·

It is the Department of Fair Employment and Housing (DFEH) that actually receives your complaints, investigates, attempts conciliation, and prosecutes administrative action.

· It is the Fair Employment and Housing Commission (FEHC) that makes rules and has the power to hear cases against employers.

 

· The actual statute containing these rules and regulations is the Fair Employment and Housing Act (FEHA) (Government Code Sections 12900 et seq.)

The Fair Employment and Housing Act

In its most basic wording, the FEHA makes it illegal for employers to refuse to hire or employ any person based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex.

It covers not only the refusal to hire or employ persons, but also encompasses discrimination in the following categories:

· Compensation or in terms, conditions, or privileges of employment
· Barring or discharging from a training program leading to employment
· Refusing to hire or employ, or to discharge, dismiss, reduce, suspend, or demote, any individual who is at least 40 years old on the basis of age
· Harassing an applicant for employment
· Retaliating against any person for opposing any practice forbidden or made unlawful by the FEHA or for testifying or otherwise participating in proceedings under the FEHA

If you feel that your interviewer is asking you to respond to an illegal question, you can always ask for further clarification by asking,

“I’m not sure of the relevance of that question, can you tell me how it specifically relates to this job?”


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