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Old 01-16-2014, 05:41 PM
 
4,749 posts, read 3,609,110 times
Reputation: 3225

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Quote:
Originally Posted by Wmsn4Life View Post
I could post links all night, but I have better things to do.

You'd better brush up on gov't regs.
Don't have to - I know the law.
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Old 01-16-2014, 05:42 PM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 58,410,008 times
Reputation: 26532
Quote:
Originally Posted by Wmsn4Life View Post
I could post links all night, but I have better things to do.
Well that's an easy way to back out of a discussion when you're in the wrong!
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Old 01-16-2014, 05:43 PM
 
2,890 posts, read 5,391,076 times
Reputation: 4611
It may or may not be illegal, but asking someones age, gender, marriage status, religion, weight, or sexual preference is completely unnecessary.

They may ask general questions regarding your ability to perform the work . . . period.
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Old 01-16-2014, 06:00 PM
 
Location: HoCo, MD
4,348 posts, read 7,990,870 times
Reputation: 4759
Illegal Interview Questions | LegalMatch Law Library

Quote:
What Are Illegal Interview Questions?
Employers are allowed to ask a wide variety of questions during an interview as long as the questions are related to the job you are applying for. Ilegal interview questions are those that single out your age, race, disability, gender, national origin, marital status, or religion. Although they are called "illegal interview questions," asking them is not illegal. It is only when an interviewer asks a question that has discriminatory implications and then intentionally denies you employment based on the question that the law has been broken.
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Old 01-16-2014, 06:07 PM
 
Location: Western Washington
8,966 posts, read 8,406,922 times
Reputation: 15556
Quote:
Originally Posted by Wmsn4Life View Post
I could post links all night, but I have better things to do.

You'd better brush up on gov't regs.
You have an incorrect understanding of the regulations.

It is illegal to discriminate based on some criteria. It is perfectly legal, albeit unwise, to ask questions related to those criteria.

Since you obviously misunderstood your own likening, let me take a moment to illustrate with an example.

You can ask candidates how old they are. Not a problem, it is not illegal. But, you cannot make your hiring decisions based upon age. So if you choose never to hire a person older than 55, you could be found in violation of the law.

Practically speaking, it is difficult to prove age discrimination. If your company hires one person/year and asks everybody the age question, there would be no grounds to sue for employment discrimination. After all, how can you prove a discriminatory preference?

Now, if the HM only asked the age question of people with gray hair, they might have a problem. If the company hired a thousand people/year, none of them over 45, that shows a discriminatory pattern.
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Old 01-16-2014, 06:11 PM
 
2,138 posts, read 4,788,144 times
Reputation: 3146
Just don't answer it if you feel uncomfortable. Also what are you going to do, sue if you don't get the job? C'mon now it is wicked easy to find out how old someone is!
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Old 01-16-2014, 06:12 PM
 
35,108 posts, read 40,238,434 times
Reputation: 62055
Quote:
Originally Posted by Success3 View Post
Lol, no. I'm in my late 20's. I think I know why the person asked...this individual sounded young as well perhaps mid 20's or earlier 30's and holds manager position and I would be working directly under them. Perhaps they felt threatened/concerned?

Why in the world would someone doing a telephone interview with you feel threatened or concerned by you?
They already have the job, you don't.
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Old 01-16-2014, 06:12 PM
 
Location: Western Washington
8,966 posts, read 8,406,922 times
Reputation: 15556
Quote:
Originally Posted by MissNM View Post
It may or may not be illegal, but asking someones age, gender, marriage status, religion, weight, or sexual preference is completely unnecessary.

They may ask general questions regarding your ability to perform the work . . . period.
No, you are wrong. You can ask specific questions about ability to perform the work, general questions, and questions completely unrelated to the work at all. You can ask about their opinions on the weather, what kp kind of car they drive, and do a personality test if you desire. I am within my rights to discriminate based upon many factors, just not the protected classes.

If I decide that I never want to hire anybody who likes the color blue, I can ask what your favorite color is during the interview. If you tell me it's blue, and I decide not to hire you because of that one answer, I can do so.
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Old 01-16-2014, 06:27 PM
 
2,285 posts, read 3,110,846 times
Reputation: 3664
Quote:
Originally Posted by Wmsn4Life View Post
I could post links all night, but I have better things to do.

You'd better brush up on gov't regs.
You can post links all night, but all they do is point out that, well, you're wrong.
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Old 01-16-2014, 07:11 PM
 
Location: midtown mile area, Atlanta GA
1,228 posts, read 2,046,956 times
Reputation: 1773
Quote:
Originally Posted by Success3 View Post
So I had a "phone screen" I guess you can call it that. Anyway the person asked me "How old I was?"

EDIT: I also had another company today ask me "Are you married?" AND "Do you have kids?"

Seems to be a common thing.
I have had the same thing happen to me. The interviewer wanted to hire someone who did not have to take off early for kid stuff.
I have also had my "stamina" questioned when I interviewed for a retail position- translation= you are old and not young, cute, or hip enough for Saks. (the woman who interviewed me was old, fat and had a heavy eastern European accent)
I have also been told that they could not pay me what I was worth- even before I said one word about salary. I think the guy wanted someone who would take min. wage and not know any better for an office manager job.
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