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With holiday hiring in full swing, it is a good time to review some basic rules about employment applications in California. In general, employers should not request the following information on employment applications:
Of course, there are always exceptions, including when the employer is required by law to obtain conviction information; when the applicant would be required to possess or use a firearm in the course of his or her employment; and when an individual who has been convicted of a crime is prohibited by law from holding the position sought by the applicant, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation.
There may be exceptions to these requirements based on the bona fide occupational qualifications of the position or the industry at issue.
Jeanette R. Youngblood is of counsel and Cary G. Palmer is office managing shareholder in the Sacramento, Calif., office of
Jackson Lewis P.C.
Copyright 2015 © Jackson Lewis. All rights reserved.
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