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You are not actually required to answer any questions. You can sit there like a rock if you like, but it will not help you get the job.
Refusing to answer any question is likely to get you removed from the candidate pool immediately. Part of the interview is to weed out uncooperative, troublesome employees. If it becomes apparent to me that you fall into this category because you refuse to answer questions the interview is over, and you did not get the job.
Excellent counsel! You have about a nano second (okay, maybe a little longer than that) to decide whether this is something to fall on your sword over, or whether you are choosing to stand on principle. In some cases I could be nothing more than an ill advised begnign question. Other times, it could be much more. There is a polite way to challenge a question if necessary. My counsel is to use your nanosecond wisely, so you don't have regrets.
The EEOC is where discrimination complaints go to die, esp. if the complaint is about race discrimination. Discrimination is not hard to prove unless people decide that it should be. "Conservatism" in this country decided that it should be hard to prove and therefore, it is.
So many a victim imagines that they will find refuge in this government agency when they are mistreated, but what they will find out is that they will be churned through a checklist manufactured "investigation" concluding in dismissal. Want to take a double hit, go running to them for help.
Four pages into this thread and another poster comes along with the same misconception that has already been dealt with.
You need more HR experience than you currently possess because you are wrong. The questions, in and of themselves, are not illegal.
If you think they are, please post a link to EEOC regulations stating that, or case law creating that precedent. I will wait.
The questions may not in themselves be illegal, but companies should consider them to be, because they basically are. There are a number of questions that as soon as you ask them you open yourself up to a lawsuit, which basically makes them illegal to ask. The only way you can ask them without possible legal repercussion is to have a job related reason to ask them. If you don't, the they are basically illegal to ask.
Week-long training! Wow, that certainly makes you an expert.
Well, Malloric-the-snarky, that's all that was required. No... it just makes me someone who was trained as a counselor to begin the documentation of EEO grievances. (as previously stated in the posts you didn't read)
The questions may not in themselves be illegal, but companies should consider them to be, because they basically are. There are a number of questions that as soon as you ask them you open yourself up to a lawsuit, which basically makes them illegal to ask. The only way you can ask them without possible legal repercussion is to have a job related reason to ask them. If you don't, the they are basically illegal to ask.
Anyone and any employer can be sued for anything. Illegal (sic) questions open you up for scrutiny, which does not mean that there is any cause for litigation. There are very few cases in which "illegal" questions result in a lawsuit being filed, let alone result in successful litigation. So no, they are not illegal to ask. They are not wise to ask, but illegal, no.
Three top "it's illegal to..." fallacies on the C-D Work and Employment Forum:
1. It's illegal to ask certain questions in an interview.
2. It's illegal for an employer to provide derogatory information when asked for a reference.
3. The confidentiality of salary information is legally protected.
In case the meaning of this post is unclear, none of the above are true.
Don't even get me started on "right-to-work" and "at will."
Last edited by johnp292; 04-06-2014 at 08:25 AM..
Reason: Clarity
Why is this so hard to understand? Ask anything you want, just don't use the protected class information in your hiring decision. OP, let it go and spend the effort and energy on getting a job instead. A lawsuit or complaint wont make your situation any better (i.e. you will still be unemployed).
The questions may not in themselves be illegal, but companies should consider them to be, because they basically are. There are a number of questions that as soon as you ask them you open yourself up to a lawsuit, which basically makes them illegal to ask. The only way you can ask them without possible legal repercussion is to have a job related reason to ask them. If you don't, the they are basically illegal to ask.
By basically you mean they really aren't but you want to write your statement to make them seem they are. For what reason I don't know.
Three top "it's illegal to..." fallacies on the C-D Work and Employment Forum:
1. It's illegal to ask certain questions in an interview.
2. It's illegal for an employer to provide derogatory information when asked for a reference.
3. The confidentiality of salary information is legally protected.
In case the meaning of this post is unclear, none of the above are true.
Don't even get me started on "right-to-work" and "at will."
It would be nice if this was some kind of sticky (is that the right term?) and all related posts just get nuked (and referred to the sticky) so we don't have to go through this nonsense every month. The continued regurgitation of misinformation as fact is just so frustrating.
The questions may not in themselves be illegal, but companies should consider them to be, because they basically are.
Thanks for the chuckle - and the daily award for "Best Gobbledegook" goes to ......
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