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Posted by Tim Roberts on 01/10/06 09:00
Andrew DeFaria <Andrew@DeFaria.com> wrote:
>
>Tim Roberts wrote:
>
>> In order to prevent even the implication that the company might use
>> that information to decide whether to offer you a job, most companies
>> no longer even ask.
>
>They may do that however the claim that it is illegal even to ask has
>already been refuted.
You are talking about an awfully fine distinction -- one that could easily
land you (as an employer) in court.
It is illegal in the US to base a hiring decision on a person's marital
status. Thus, there is no legal reason to ask for that information on an
employment application. Merely ASKING the question, and then denying the
applicant a job, is quite sufficient grounds to open an Equal Opportunity
Employment investigation.
The State of Washington, as one example that popped up in an Internet
search, classifies questions about race, color, and marital status as
"unfair preemployment inquiries".
In Canada, it *IS* illegal for a prospective employer to ask your marital
status, sexual orientation, race, or age, or to request a photo.
And, by the way, the original claim has not been "refuted". An
unsubstantiated claim has had an unsubstantiated response. This whole
discussion is about as reliable and trustworthy as the CIA.
--
- Tim Roberts, timr@probo.com
Providenza & Boekelheide, Inc.
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