You are on the hunt for a new job, which can be thrilling, exciting, stressful, frustrating, and even confusing. You want to showcase your mastery of specific skills and put your best foot forward while managing your boundaries. But how does one decide what you should and shouldn’t unveil to your potential future boss and what you must keep to yourself or what things to disclose? No need to stress out! As seasoned San Bernardino employment law attorneys, we have a vast bank of knowledge and specialty on this very topic. The text below outlines the dos and don’ts of what to share during the interview process.
Personal Health Information
These days, health is a widely discussed factor, from mental health to work-life balance. However, concerning your personal health details, these are a private affair. Should a prospective employer ask about your capabilities, keep the conversation focused on your skill set as a professional and steer clear of any intricacies concerning health. You can spotlight what makes you a standout candidate for the role or in the specific domain, but you do not need to volunteer any information regarding your health history.
Salary Matters and History
What about divulging previous salary details or hourly rates received in prior jobs? Your past salary can be considered confidential intel- keep it close to the vest. In California, employers are prohibited from asking you about it. The ruling allows your skills and the job’s merits to lead the salary conversation. Let your professional value be the driving force in these discussions. However, if it would benefit you concerning negotiations, you may choose what to and not to disclose for yourself.
Family Matters
Do you need to discuss your thoughts, feelings, or intentions concerning family planning? No. Family planning decisions are profoundly personal, and remember to mention that they are unrelated to your job capabilities and credentials. Should an employer pry into these areas, gracefully steer the conversation back to your skills and what makes you the ideal fit for the job.
These sorts of interrogations can affect everyone and anyone, but traditionally, women are usually targeted much more by such family-oriented questions. An employer is not authorized to ask questions like “Are you pregnant?” or “Do you have plans to expand your family in the next year?”. The 1978 Pregnancy Discrimination Act mandates that employers cannot deny employment to a woman based on her pregnancy, pregnancy-related condition, or die to biases from coworkers, clients, or customers. However, they may tactfully phrase inquiries poking at the topics but indirectly. For example, they may ask if anything would prevent you from expected work-related travel or ask you to elaborate on your short and long-term career plans. It is best to prep for interview questions such as these, so you feel confident and calm while still being yourself. However, never allow an employer to pressure you into revealing family planning details. Know that you have rights and protections under the law.
Is Age a Factor in Employment Interviews?
Age is simply a number, and you are not obligated to broadcast it during any of the interview processes. Your skills, experiences, enthusiasm, and other contributing factors should be the main talking points of the interview. Your age does not define your professional worth, and it is illegal for an interviewer and for a coworker or boss to discriminate or harass you based on your age. Discrimination can plague senior members of the workforce. The California and federal protections are for individuals 40 and older. However, some individuals say they have experienced reverse age discrimination, being posed as too young and inexperienced or not responsible enough to manage a position, even if it’s not true, and their age should not be a deciding factor in an interview. An employer is allowed to establish if you are over the age of 18. However, that is the extent of age-related questioning that is permitted.
Criminal History and Fair Chance Laws
If you’re entering the California job market and have a history, understanding the Fair Chance Hiring Laws is your compass to a seamless job search and scoring a new position. The California Fair Chance Act, launched in 2018, applies to employers with five or more employees in the public and private sectors. Recently, there have been big game changers; employers can only explore your past once they have extended a conditional job offer. The 2023 updates to the law refine the definition of an applicant, which now includes you, even if you’re eyeing a promotion at work or a transfer. Before they make an offer, employers are banned from unearthing your past via criminal background checks or online searches. If they’re thinking of saying no based on your history, they have to consider the nature of any offenses, how much time has elapsed, and how it matches your potential job duties. You will be aware of the situation; upon getting a heads-up, you’ve got at least five business days to respond. If they decide not to hire, they must inform you in writing and allow for an appeal via the California Civil Rights Commission (CCRC).
Further, the matter is not only a state issue but a federal one through the Fair Chance to Compete for Jobs Act, which went into effect in 2021. The Act stops employers from asking about your criminal history until they have been offered a position. Knowing these laws gives you the power to maneuver through the job market.
Citizenship and Immigration Status
Unless the job explicitly requires it, your citizenship status is your business and yours alone. It’s best to shift the focus to your skills, dedication, and professional attributes. However, you will be required to show proof of work authorization if you are not a citizen or green card holder.
Social Media Passwords and Privacy
Social media turf is off-limits to prospective employers. While your online personal space and information like passwords are yours, maintaining their privacy is essential; it’s best to be aware of how you show up in the virtual space. Ensure you have a polished and professional digital presence. California Labor Code 980 prohibits employers from requesting or demanding your social media handles or usernames or from requesting your passwords. However, for matters of employee wrongdoing or misconduct, employers are permitted to inquire about social media content that is relevant to an investigation and only for that investigation.
Disability Information
Your ability to excel in a job matters most. If employers inquire about your health details, you can redirect the focus to the factors that make you capable and ready for the position. You may choose to mention the necessary accommodation. Otherwise, you are not mandated to disclose a disability to prospective employers in California.
Contact an Employment Law Attorney Today
Further questions regarding employment applications and personal information disclosures may be directed at an employment law lawyer. If you or a loved one have experienced what you feel is an infringement of your rights and protections under California labor laws and legislature or federal regulations, contact an experienced California employment attorney for a confidential consultation. Otherwise, best of luck on your search, and happy job hunting!
