CSLB Contractor's Law & Business Practice Exam

What is a lawful reason for an employer to deny Ms. Gomez employment?

1. She is over 50 years of age

2. She is Hispanic

3. She is a woman

4. She has no work experience or Social Security Number

The correct answer is: She has no work experience or Social Security Number

A lawful reason for denying Ms. Gomez employment is her lack of work experience or a Social Security Number. Employers are permitted to establish qualifications for a position, which can include a requirement for relevant work experience or proper documentation, such as a Social Security Number, which is essential for tax and employment verification purposes in the United States. In contrast, the other options relate to characteristics protected under employment discrimination laws, such as age, race, and gender. Discrimination based on these factors is illegal in many jurisdictions, including under federal laws like the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act, which aim to promote equal employment opportunities for all individuals regardless of age, ethnicity, or gender. Therefore, those reasons would not be lawful grounds for employment denial.