Current through Register 2022 Notice Reg. No. 14, April 8, 2022
Recruitment and Advertising.
(1) Employers or
other covered entities engaged in recruiting activity (see section 11015(a))
shall recruit individuals of both sexes for all jobs unless pursuant to a
(2) It is
unlawful for any publication or other media to separate listings of job
openings into male and female classifications.
Pre-Employment Inquiries and
(1) For all employers or other
covered entities who provide, accept and consider applications, it shall be
unlawful to refuse to provide, accept and consider applications from
individuals of one sex unless pursuant to a permissible defense.
(2) It is unlawful for an employer or other
covered entity to ask the sex of the applicant on an application form or
pre-employment questionnaire, unless the question is asked pursuant to a
permissible defense or for recordkeeping purposes. After an individual is
hired, the employer or other covered entity may record the employee's sex for
non-discriminatory personnel purposes.
(3) It is unlawful for an employer or other
covered entity to ask questions regarding childbearing, pregnancy, birth
control, or familial responsibilities unless the questions are related to
specific and relevant working conditions of the job in question.
Cal. Code Regs. Tit.
Note: Authority cited: Section
Government Code. Reference: Sections
1. Change without
regulatory effect renumbering former section 7290.9 to new section 11032 and
amending section and Note filed 10-3-2013 pursuant to section 100, title 1,
California Code of Regulations (Register 2013, No. 40).