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HomeGovernment CodeDiv. 1Ch. 5§ 8310 Prohibited Employment Application Questions

§ 8310 Prohibited Employment Application Questions

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8310 Prohibited Employment Application Questions

Key Takeaways

  • •You can't ask about someone's race, sex, marital status, or religion on a job application.
  • •If you break this rule, you can get in trouble with the law (it's a misdemeanor).
  • •After someone is hired, you can ask about their gender and marital status, but only for research or stats, and you have to keep it safe and separate from their job application.

Example

A company has a job application that asks if you are married or what your religion is.

This is against the law. The company can't ask these questions on the application. If they do, they could be fined or punished.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8310 Prohibited Employment Application Questions

The inclusion of any question relative to an applicant’s race, sex, marital status, or religion in any application blank or form required to be filled in and submitted by an applicant to any department, board, commission, officer, agent, or employee of this state is prohibited. Any person who violates this section is guilty of a misdemeanor. Notwithstanding the provisions of this section, subsequent to employment, gender and marital status data may be obtained and maintained for research and statistical purposes when safeguards preventing misuse of the information exist, as approved by the State Fair Employment Practice Commission, except that in no event shall any notation, entry, or record of such data be made on papers or records relating to such employment application. (Amended by Stats. 1976, Ch. 1436.)

Last verified: January 22, 2026

Key Terms

employmentcommissioncrimeemployeeemployermisdemeanoran applicantapplication

Related Statutes

  • § 9414 Witness Coercion And Retaliation
  • § 3205 Local Agency Political Contribution Ban
  • § 53243.2 Employee Termination Reimbursement Rule
  • § 6164 Credit Card Information Protection
  • § 12440.6 State Employee Pay Continuation

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 8310.
View Official Source