Legal Question in Employment Law in California

Divorce and being hired

During an interview for potential employment, can an interviewer end the interview because you are getting a divorce?


Asked on 7/27/04, 9:13 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Divorce and being hired

It is illegal for an employer (potential or actual) to discriminate against a person because of his/her marital status. Government Code section 12940 states:

It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:

(a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.

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Answered on 8/04/04, 5:44 pm


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