Cal. Code Regs. tit. 2 § 11078

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 11078 - Pre-Employment Practices

(a) Recruitment and Advertising.

(1) Recruitment. The provisions of section 11016(a) are applicable and are incorporated by reference herein. Generally, during recruitment it is unlawful for employers to refuse to consider applicants because they are age 40 and older. Examples of unlawful requirements include: a maximum experience limitation; a requirement that candidates be "digital natives" (individuals who grew up using technology from an early age); or a requirement that candidates maintain a college-affiliated email address. However, it is lawful for an employer to participate in established recruitment programs with high schools, colleges, universities and trade schools. It is also lawful for employers to utilize temporary hiring programs directed at youth, even though such programs traditionally provide disproportionately few applicants who are age 40 and older. However, exclusive screening and hiring of applicants provided through the above recruitment or temporary programs will constitute discrimination on the basis of age if the programs are used to evade the Act's prohibition against age discrimination.

(2) Advertising. It is unlawful for an employer to either express a preference for individuals under 40 or to express a limitation against individuals age 40 and older when advertising employment opportunities by any means such as the media, employment agencies, and job announcements.

Cal. Code Regs. Tit. 2, § 11078

1. Change without regulatory effect renumbering former section 7295.4 to new section 11078 and amending section filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).
2. Amendment of section heading and section filed 4-14-2020; operative 7-1-2020 (Register 2020, No. 16).

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12941 and 12942, Government Code.