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What do you think and how would you proceed? I'm not one of those people who talks about suing and getting lawyers, etc., but this behavior was really beyond anything I've ever experienced before in an interview! I'm really bummed about it too because it paid extremely well.
It is accepted practice only for certain religious organizations to use faith based criteria in hiring. All other private companies can not use religion as a hiring criteria.
Since July 1965, asking questions about a person protected class status has been legal, but there is an automatic presumption that it was used as a basis for hiring otherwise Why Was It Asked? This has long been used to shift the burden of primary proof from the individual to prove discrimination to the company to prove it was not.
Unfortunately so many average workers think that they have to prove discrimination even when a presumption applies. So, employers have gotten away with such practices because workers are just to ignorant or wimpy to complain. Odds are others before you also were asked this question and did nothing so it continued to you. The question is, will you continue to enable them to get away with it or are you going to be the one to stand up and put your foot down.
Again, I'm more than qualified for this position. I found it strange how it all happened and I'm sure my interview was cut short due to my answers from his religious type questions. I feel if I don't get this position that I was discriminated some how. I am in my mid 40's, but don't look like it, more like mid 30's and Caucasian, blond and fair skinned.
Just because YOU think you're qualified for the position doesn't mean you were the most qualified person who applied. How do you know that there weren't more qualified candidates that were interviewed? Maybe that's why you may not get the job?
If you feel strongly enough, contact the EEOC and lodge a general complaint. When they contact the employer, that may stop them from asking these questions in the future. None of this will help you in your job search.
Since July 1965, asking questions about a person protected class status has been legal, but there is an automatic presumption that it was used as a basis for hiring otherwise Why Was It Asked? This has long been used to shift the burden of primary proof from the individual to prove discrimination to the company to prove it was not.
Interesting. Do you have a citation for statutory or case law that we can refer to?
Just because YOU think you're qualified for the position doesn't mean you were the most qualified person who applied. How do you know that there weren't more qualified candidates that were interviewed? Maybe that's why you may not get the job?
If you feel strongly enough, contact the EEOC and lodge a general complaint. When they contact the employer, that may stop them from asking these questions in the future. None of this will help you in your job search.
I suppose there could have been better candidates; however, I have almost 20 years in the business. The fact that several questions were asked of me that should not have been asked during the interview process is disturbing. I don’t know if they hired someone else or not or if they even made a decision yet. I just had the interview on Thursday, but it had bothered me ever since. Do I want to work there now? Probably not, but it was a good paying job and it’s too bad.
I was asking if they could get away with what they are doing and if it is in fact discrimination if I’m not offered the job? I feel it very well could be. Like I said earlier, even the office managers eyes got big when he started asking these questions of me!
Interesting. Do you have a citation for statutory or case law that we can refer to?
It's based on the "McDonnell-Douglass Test". The essence is, if the employer asked you a question concerning a protected class issue, it is reasonable to assume the basis was to use it for a hiring decision.
As employers, we are constantly warned that although the act of asking is not a violation of law, there is seldom any non discriminatory reason to be asking, so what remains is it was a basis used to influence the hiring decision.
It's based on the "McDonnell-Douglass Test". The essence is, if the employer asked you a question concerning a protected class issue, it is reasonable to assume the basis was to use it for a hiring decision.
As employers, we are constantly warned that although the act of asking is not a violation of law, there is seldom any non discriminatory reason to be asking, so what remains is it was a basis used to influence the hiring decision.
Unfortunately it's not illegal to ask the question. It's only illegal to not hire on the basis of the answer.
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