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Old 06-11-2013, 12:39 PM
 
7,422 posts, read 13,715,230 times
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Quote:
Originally Posted by mkpunk View Post
Most of those questions are not technically legal, particularly if it is a previous boss for a reference. However it is hard to prove that it was the reason you lost out on the job. It's a bad catch-22 in this case. You didn't get the job due to illegal practices but you can't exactly prove it because it is your word vs. the hiring manager's.
those questions are all technically legal.

unwise to answer, maybe. against a lot of company's policies, yes (for fear of being sued for slander by someone claiming the reference was untrue). but not illegal to answer (as long as you are truthful) and definitely not illegal to ask.

i mean, those questions are what a reference is. it's just that a lot of companies have no reference policies these days and will only verify employment.

the only thing it is illegal to ask about are protected statuses like religion, ethnicity, disability, etc.
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Old 06-12-2013, 10:02 AM
 
Location: Keosauqua, Iowa
9,182 posts, read 16,652,619 times
Reputation: 12330
Quote:
Originally Posted by mkpunk View Post
Most of those questions are not technically legal, particularly if it is a previous boss for a reference. However it is hard to prove that it was the reason you lost out on the job. It's a bad catch-22 in this case. You didn't get the job due to illegal practices but you can't exactly prove it because it is your word vs. the hiring manager's.
These questions can't be asked of a former employer. All they can ask of a former employer are the dates of employment, nature/title of the job performed, and whether or not the former employee is eligible for rehire.

However, they can ask pretty much anything of a personal or professional reference even if the person listed does happen to be a former boss. So in this case none of the questions would be illegal.
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Old 06-12-2013, 10:13 AM
 
Location: S. Florida
1,100 posts, read 2,661,800 times
Reputation: 1419
Quote:
Originally Posted by mkpunk View Post
Most of those questions are not technically legal, particularly if it is a previous boss for a reference. However it is hard to prove that it was the reason you lost out on the job. It's a bad catch-22 in this case. You didn't get the job due to illegal practices but you can't exactly prove it because it is your word vs. the hiring manager's.
Under the Equal Opportunity Law, you cannot ask race, color, religion, sex and natural origin. Other than that, the prior employee can decline answering any questions other than length of employment and if the person was re-hirable.
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