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Old 01-17-2014, 06:52 PM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 58,419,982 times
Reputation: 26532

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Quote:
Originally Posted by fishbrains View Post
It is a bit weird, isn't it? I think people want it to be illegal and simply repeat what they want to be true, despite the reality, linked early in the thread.

Other people probably don't understand the difference between illegal, and unwise.
As long as these articles persist in erroneously using the word "illegal", the confusion will continue!
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Old 01-17-2014, 07:38 PM
 
181 posts, read 446,099 times
Reputation: 268
In Canada, if an interviewer asks anything personal, and not job related it opens up many complications and the potential for a Human Rights lawsuit.

A recruiter should never ask how hold you are or your family status. It could imply discrimination.
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Old 01-17-2014, 07:40 PM
 
Location: Arizona
5,509 posts, read 6,131,894 times
Reputation: 7287
Quote:
Originally Posted by manderly6 View Post
People seem to understand this topic about as much as what an employer can say during a reference call.
Or what it means to be in a "right to work" state.

(Hint: it doesn't mean you can't be terminated for no reason).
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Old 01-17-2014, 07:57 PM
 
Location: Arizona
5,509 posts, read 6,131,894 times
Reputation: 7287
Quote:
Originally Posted by Cool85 View Post
In Canada, if an interviewer asks anything personal, and not job related it opens up many complications and the potential for a Human Rights lawsuit.

A recruiter should never ask how hold you are or your family status. It could imply discrimination.
The same is true in the US. The questions can present an appearance of possible illegal discrimination, but are not discrimination in and of themselves. Hence, while risky and foolish to ask in the interview process, the questions themselves are not illegal.
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Old 01-17-2014, 08:19 PM
 
Location: Vallejo
14,068 posts, read 16,081,530 times
Reputation: 12641
Quote:
Originally Posted by fishbrains View Post
It is a bit weird, isn't it? I think people want it to be illegal and simply repeat what they want to be true, despite the reality, linked early in the thread.

Other people probably don't understand the difference between illegal, and unwise.
It's more than that though.... you have these "cheat sheet" articles that are basically telling people how to be illegal cleverly. It's the act of discrimination that's illegal, not asking a question. If you get the same information by asking an indirect question and then use it to discriminate against a protected class, that is illegal. Now, good luck proving that. Anti-discrimination laws in employment are generally a joke and all but impossible to enforce.
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Old 01-17-2014, 08:25 PM
MJ7
 
6,221 posts, read 8,641,790 times
Reputation: 6514
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.
Of course they can ask these things. Depending on the job there are good reasons to ask these things. If the job requires a certain amount of experience then age would be a direct indication of that. Remaining married usually means you are loyal and if you have kids then you are a busy family man, a traveling job might not be as good on you as say someone that was single.

It's only illegal if they discriminate you based on age, race, and sexual orientation.
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Old 01-17-2014, 08:34 PM
 
2,285 posts, read 3,110,846 times
Reputation: 3664
Quote:
Originally Posted by MJ7 View Post
Of course they can ask these things. Depending on the job there are good reasons to ask these things. If the job requires a certain amount of experience then age would be a direct indication of that. Remaining married usually means you are loyal and if you have kids then you are a busy family man, a traveling job might not be as good on you as say someone that was single.

It's only illegal if they discriminate you based on age, race, and sexual orientation.
Sexual orientation is not protected in all states, and not at all at the federal level.
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Old 01-17-2014, 08:39 PM
MJ7
 
6,221 posts, read 8,641,790 times
Reputation: 6514
Quote:
Originally Posted by RoadWarrior12 View Post
Sexual orientation is not protected in all states, and not at all at the federal level.
Discrimination Based on Sexual Orientation, Status as a Parent, Marital Status and Political Affiliation

Seems like 2011 changed all that and included sexual orientation into title VII of the US constitution, therefore it is illegal.
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Old 01-17-2014, 09:24 PM
 
2,839 posts, read 4,991,034 times
Reputation: 3702
I have flat out been asked "are you planning on having kids anytime soon?" To which I've always said no, if I ever had gotten pregnant I would have said "well it just happened..." lol.
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Old 01-17-2014, 09:27 PM
 
2,285 posts, read 3,110,846 times
Reputation: 3664
Quote:
Originally Posted by MJ7 View Post
Discrimination Based on Sexual Orientation, Status as a Parent, Marital Status and Political Affiliation

Seems like 2011 changed all that and included sexual orientation into title VII of the US constitution, therefore it is illegal.
You're damn straight, for employment in a federal government position. Umm, the Constitution doesn't have "titles"...

Otherwise? It gets shaky, and is on a case-by-case under sexual identity harassment, which is insanely hard to prove.
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