1. (a) Impermissible Inquiries. It is unlawful to ask an applicant to disclose their marital status as part of a pre-employment inquiry, including an inquiry made through the use of an automated-decision system, unless pursuant to a permissible defense.
2. (b) Request for Names. For business reasons other than ascertaining marital status, an applicant may be asked whether they have ever used another name, e.g., to enable an employer or other covered entity to check the applicant's past work record.
3. (c) Employment of Spouse. It is lawful to ask an applicant to state whether they have a spouse who is presently employed by the employer, but this information may not be used as a basis for an employment decision except as stated below.

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921 and 12940, Government Code.

History

1. Change without regulatory effect renumbering former section 7292.4 to new section 11056 and amending Note filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).

2. Amendment filed 6-27-2025; operative 10-1-2025 (Register 2025, No. 26).