Hiring the right person is important — but so is following the right process. California has some of the strictest rules around what you can ask, when you can ask it, and how hiring decisions are made. Even well-meaning questions or outdated forms can open you up to risk before a candidate ever joins your team.

Here are five common pre-employment practices that could get you into legal hot water:

1. Asking About Salary History
California prohibits employers from asking about a candidate’s salary history. Using this information to determine pay can lead to claims of wage discrimination.

2. Conducting Background Checks Too Early
You must make a conditional job offer before running a background check. Violating this sequence may breach Fair Chance (ban-the-box) laws.

3. Collecting Medical Information Pre-Offer
Don’t ask about disabilities, medical conditions, or even vaccination status before making an offer. Doing so may violate ADA or FEHA protections.

4. Vague or Non-Compliant Job Postings
Job ads that include discriminatory language or omit pay ranges (where required) can result in scrutiny or complaints.

5. Unstructured Interview Processes
Failing to use consistent questions or evaluation criteria across candidates can open the door to claims of bias or favoritism.

Need a Hiring Compliance Tune-Up?
DP Human Capital Management can help you streamline your hiring process and stay compliant with California labor law. Let’s make sure your next great hire doesn’t start with a legal misstep. Schedule a pre-employment compliance review today.

Ready To Review Your Hiring Practices?