Ensuring Fair Hiring Practices: What California Employers Need to Know

This article is from The National Law Review: https://ow.ly/kNJw50Vrayy When it comes to building a strong, compliant workforce, California employers must do more than just find the right talent—they must also ensure their hiring and employment practices are fair, lawful, and inclusive. That’s where the Fair Employment and Housing Act (FEHA) comes in.

Under FEHA, it's illegal to discriminate against job applicants or employees based on a wide range of protected characteristics, including race, religion, color, national origin, disability, marital status, sex, age, sexual orientation, and more. This means every part of the hiring and employment process—interviews, applications, testing, promotions—must be job-related and consistent with business necessity.

Any practice that creates a disproportionate impact on a protected group can be considered discriminatory unless it can be clearly justified. For example, employers cannot ask non-job-related questions that hint at bias or exclusion, either in conversation or on application forms.

In addition to fair selection, FEHA outlines important responsibilities for employers, such as:

• Equitably considering transfer and promotion requests

• Providing training opportunities fairly

• Prohibiting no-transfer policies that segregate employees by protected traits

  
  

California also enforces the Fair Chance Act, which limits when an employer can ask about a candidate’s criminal history. Employers with five or more employees are prohibited from inquiring about conviction history until after a conditional job offer has been made—and even then, specific procedures must be followed.

Final Thoughts

California’s anti-discrimination laws are robust—and for good reason. They are designed to promote equal opportunity and protect workers from biased employment practices. By understanding and following FEHA and related laws, employers not only stay compliant but also build a more inclusive, effective workplace.

If you're unsure whether your current practices meet these standards, it might be time to review and update your hiring procedures. Ensuring compliance today can prevent legal trouble tomorrow—and foster a healthier work environment for all.