|
|
Posted by Jerry Stuckle on 01/07/06 15:48
Andrew DeFaria wrote:
> Jerry Stuckle wrote:
>
>> Andrew,
>>
>> No, my employment application does not have a marital status field.
>> It is illegal.
>
> Mine had. I wonder how...
>
>> I can't point to the law.
>
> Surely you're not suggesting it that obscure.
>
>> But I could direct you to where you can get the accurate information
>> - my attorney.
>
> Have him call me! ;-)
>
> On second thought, don't have him call me. It's obvious he doesn't know
> what he's talking about (see below).
>
>> Of course, he'll charge you (as he did me).
>>
>> It's also been discussed heavily in several classes I've taken on
>> being an employer.
>
> Then you didn't get what you paid for! And your lawyer ripped you off
> too. There's a difference between illegal discrimination based on
> marital status and just asking what an applicant's marital status is.
> IOW you can ask but you can't discriminate based on the answer. Ergo, it
> is perfectly legal to have it on the application form. From
> http://smallbusiness.findlaw.com/employment-employer/employment-employer-hiring/employment-employer-hiring-interview-faq(1).html:
>
> *How Employers Can Hire Without Discrimination* It helps to use a
> standard application form that avoids irrelevant questions. Avoid
> asking about age, height, weight, marital status, education or
> arrest record unless they relate to the job. For example, questions
> about height and weight may reject women or members of some ethnic
> groups who are usually smaller. Asking about marital status may
> suggest sex discrimination. Asking about disabilities is prohibited.
>
> Please note that while they say that asking about disabilities is
> prohibited they merely say *avoid* asking about marital status. Big
> difference. Next time do your homework - this took me but minutes.
> --
> Give a person a fish and you feed them for a day; teach that person to
> use the Internet and they won't bother you for weeks.
No, my attorney did not rip me off. He's worth every cent.
It may not be illegal to ask - but as you noted, it is illegal to act on
that information.
But if the question is on the form, some applicant who did not get hired
can sue claiming discrimination. And I'd be paying him to defend me,
even though I did nothing wrong. I pay him to keep me out of that
situation!
Additionally, I trust the advice I've paid for (from both him and
several management seminars I've taken which agree 100%) than some
unknown, unpaid source on the internet who has absolutely no obligation
(or accountability) for incorrect information.
--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.
jstucklex@attglobal.net
==================
Navigation:
[Reply to this message]
|