Is this against the law?

[luckywife]

Yesterday I filled out an application for a job. Some of the questions were pretty odd, I have never seen them asked on any job application before. The ones that stick out in my mind the most are......

Marital Status

Do you have children? If so, names/ages of children


I was telling my friend about it today and how I thought it was against the law to ask such questions to someone applying for a job. She said it's perfectly fine to ask ANY/ALL questions, no matter what they are. I disagree.

Opinions?

 

[dmadman43]

They can ask anything they want. Doesn't mean you have to answer them. Using some of those answers to determine your job qualifications is a different matter.

 

[piglet too]

As far as I was aware, questions like that are big "no-nos." I would just not fill that part in, unless it really had something to do with the job I was applying for.

 

[wdwmom2]

I'm not sure. But from what I remember, it is either illegal or highly unethical.

 

[Enigma]

Wait until they start asking your religion.

 

[WDWorBUST]

Those are illegal questions to ask on an application or in an interview. At least in Oklahoma they are....it may be different state to state.

 

[poochie]

Originally posted by dmadman43
They can ask anything they want. Doesn't mean you have to answer them. Using some of those answers to determine your job qualifications is a different matter.

Yeah, and if you do not fill in those answers, your odds to getting that job are:

Nadda
None
Zilch
Zippo

 

[aimee11621]

I agree I would have answered divorced and have 99 kids.

You probably won't even get a call from them for being so *****y!!

 

[gometros]

This falls under the Discrimination In Hiring Act. In effect, it is illegal for an employer to decide not to hire someone because of that individual's race, sex, national origin, sexual orientation, or religion, or because the applicant is 40 years of age or older, or because the applicant is handicapped.

 

[jennyanydots]

Originally posted by dmadman43
They can ask anything they want. Doesn't mean you have to answer them. Using some of those answers to determine your job qualifications is a different matter.

actually, dmadman, they are NOT ALLOWED to ask those questions and cannot make a hiring decision on your answers or failure to answer those questions -- at least in NY.

state laws on discriminatory questions tend to be more borad than the EEOC rules, which are very basic

http://www.eeoc.gov/facts/qanda.html

this site was interesting -- it gives free legal advice about what to aks and what not to ask on a job application/interview -- http://employment-law.freeadvice.com/safe_question_interview.htm

 

[arminnie]

Originally posted by Enigma
Wait until they start asking your religion.

The application for EDS (Electronic Data Systems) in Dallas used to NOT ONLY ask for your religion but also asked what church you attended and how often. That was back in the days when Ross Perot was in control. Those people were nut cases. I worked there for 3 years once when I was DESPERATE for a job.

 

[luckywife]

I really thought it was against the law to ask those questions, what does my marital status and if I have children have anything to do with the kind of worker I would be? To me, it should have NOTHING to do with it at all. I left the questions blank and told DH that I probably wouldn't even get a call from them since the application was incomplete. But, I don't care. If they're that concerned with things like that, maybe I don't want to work for them anyway. I bet one of these days, having an application like that will come back to "bite them in the butt." Someone will come along and get ticked off and file a lawsuit against them for discrimination.

 

[Tinkim]

My best friend was looking for a job for the last two months and I couldn't believe how downright silly some of the questions were. There were applications that had anywhere from 50-200 questions. Things like did you have a happy childhood? Do you believe it is okay to steal if your boss is doing it? I couldn't figure out what they were getting at. Some type of personality profile I guess but wierd nonetheless. I remember when I was younger it was unacceptable (not sure about illegal but I thought so) to ask your birthdate, marital status, etc.

 

[Pooh Girl 71]

It is completely against the law!

However, if your interviewed and the interviewer is good, they'll get that info out of you and you won't even realize you said anything.

 

[lapinluv]

I could be wrong, but I think it depends on the size/makeup of the company. If it's a small company and doesn't qualify under federal EEOC regulatations, then they can ask any thing they want. I think that's how it works. Larger companies usually avoid those questions, just to avoid any potential lawsuits.