Legal Question in Employment Law in California

An employer gives all employees a mandatory questionnaire to fill out. One of the questions asks the persons sexual orientation. Is this legal. Does it hing on if the questionnaire is anonymous or not? What is the law that supports or prevents this?


Asked on 7/06/10, 1:25 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Most certainly not 'legal' if the employees could be identified. Probably ok if their privacy is ensured. This would be similar to anonymous surveys on gender, religion, age, race, ethnic, hobbies, interests, income, etc., where the answers are required by government agencies for statistics, but can't be used improperly against the employee.

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Answered on 7/06/10, 5:41 pm


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