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8 Things Employers Aren't Allowed to Ask You
Investopedia via Yahoo Finance ^ | Sept. 10, 2010 | Porcshe Moran

Posted on 09/10/2010 5:33:16 AM PDT by jwparkerjr

The rough economy has made many people desperate for a job. In their eagerness for gainful employment, many people may overlook improper interview questions. Depending on how they are asked, questions about personal topics such as marital status, race and health are more than just poor manners - they are illegal under federal and some state and local laws

(Excerpt) Read more at finance.yahoo.com ...


TOPICS: News/Current Events
KEYWORDS: employer; illegal; questions
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Anyone who has a problem understanding why employment is in such bad shape in today's world should just read this article. What a crock? You're forced to spend your time and effort interviewing someone who isn't qualified for the job in the first place.

It's actually worse than the headline leads you to believe. These are questions POTENTIAL employers can't ask you. The headline says 'employers'. Bad headline writing. But what else is new. Probably happened because it's against the law to ask a potential page designer if they know how to write a headline that accurately leads into the article.

1 posted on 09/10/2010 5:33:19 AM PDT by jwparkerjr
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To: jwparkerjr

Anyone with that attitude will not get hired. This guy must be another Socialist. He should talk to Castro about how his model works.


2 posted on 09/10/2010 5:35:59 AM PDT by screaminsunshine (m)
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To: All

..and if you’re illegal, they can’t (or should I say won’t) ask you for an id, social security card, proof of residency or any of that other good stuff us legals have to submit!


3 posted on 09/10/2010 5:37:31 AM PDT by ThePatrioticArtist (It's not the painting itself, but the message it sends that's important.)
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To: screaminsunshine

But they are mandated by federal law to ask for your birth certificate....................ironic, isn’t it?..........


4 posted on 09/10/2010 5:37:35 AM PDT by Red Badger (No, Obama's not the Antichrist. But he does have him in his MY FAVES.............)
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To: jwparkerjr

9. “Did you vote for someone other than His Excellency Obama, and if so How do you live with yourself?”


5 posted on 09/10/2010 5:38:08 AM PDT by theDentist (fybo; qwerty ergo typo : i type, therefore i misspelll)
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To: jwparkerjr

How are we going to increase diversity if we aren’t allowed to ask someone about their race?


6 posted on 09/10/2010 5:38:33 AM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: Red Badger

Sure and a background check. Ironic.


7 posted on 09/10/2010 5:38:38 AM PDT by screaminsunshine (m)
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To: jwparkerjr
You're forced to spend your time and effort interviewing someone who isn't qualified for the job in the first place.

How does age, marital status, race, or religion impact someone's qualifications for the job?

8 posted on 09/10/2010 5:40:14 AM PDT by Non-Sequitur
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To: jwparkerjr

When filling jobs, most employers just ask their best employees if they know anyone suitable.

Large companies have official programs that pay thousands of dollars for referrals.

These programs exist, because a strong recommendation from a guy who know is good is worth a thousand BS interviews.


9 posted on 09/10/2010 5:43:51 AM PDT by proxy_user
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To: Red Badger

After the person is hired.


10 posted on 09/10/2010 5:49:45 AM PDT by twigs
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To: jwparkerjr; All
Obama Job App
11 posted on 09/10/2010 5:50:24 AM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: jwparkerjr; Xenalyte

Would it be taboo to ask someone such as the author, “Porcshe Moran,” how to pronounce his or her name? Is it “Pork-she”? And would the last name be “Mor-AN,” or the more intuitively appropriate “MOR’on”?


12 posted on 09/10/2010 5:50:24 AM PDT by Tax-chick (I'm on vacation. Posts, if any, will probably be silly. You been warned! Fins up!)
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To: proxy_user

That’s how I got back in the workforce, albeit at a significantly lower rate. Nobody wants an older (50+) person anymore . . .


13 posted on 09/10/2010 5:51:57 AM PDT by BraveMan
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To: jwparkerjr
3. Are you a U.S. citizen?

Citizenship and immigration status cannot be used against a potential employee during the hiring process according to The Immigration Reform and Control Act of 1986 (IRCA). Employers must wait until after a job offer had been extended to require a worker to complete the Employment Eligibility Verification (I-9) Form and submit documentation that proves identity and employment authorization. It is lawful for an employer to ask an interviewee if they are authorized to work in the US.


Does anyone else think this is incredibly ridiculous? An employer can't ask until AFTER extending a job offer if you are a citizen, and then the employer MUST get the information via an I-9 form and rely on the government to check the information? Seems like a lot of paperwork and expense could be saved by being able to properly vet BEFORE offering a job, but what do I know?
14 posted on 09/10/2010 5:52:34 AM PDT by IMissPresidentReagan ("Sorry I'm late. I had to stop by the wax museum to give the finger to FDR!" C.Hill (Palin '12))
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To: jwparkerjr

I quit being an employer about 3 years ago. In retrospect, it may have been a good choice.


15 posted on 09/10/2010 5:53:40 AM PDT by dangerdoc
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To: AppyPappy

“””How are we going to increase diversity if we aren’t allowed to ask someone about their race?”””””

I am doing a government construction project now as a subcontractor.

The government is DEMANDING that I have a certain percentage of woman hours and that I hire a certain percentage of minorities.

How will I know they are a minority if I can’t ask their race?


16 posted on 09/10/2010 5:54:21 AM PDT by shelterguy
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To: jwparkerjr

Can’t ask about what race they are; but after they’re hired, you can stand across the room and decide what race they are for government statistics, same thing they do in the public screw-ools. What’s wrong here!


17 posted on 09/10/2010 5:54:40 AM PDT by laweeks
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To: Non-Sequitur

Those you specify might not, but the list isn’t limited to those. It asks about pregnancy.

And, in the case of a church operated preschool, or a woman’s health clinic, etc., the person’s religion could be important.

I agree, most are not relevant, but I am more concerned with the total takeover of business these days by having government involved in every aspect of the employer/employee relationship.


18 posted on 09/10/2010 5:55:28 AM PDT by jwparkerjr (It's the Constitution, Stupid!)
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To: Red Badger

“But they are mandated by federal law to ask for your birth certificate”

But not if they run for president of the United States . . . Nobama doesn’t have to have one . . . makes sense, don’t it?


19 posted on 09/10/2010 5:57:15 AM PDT by laweeks
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To: jwparkerjr

Back in the day I was middle management for a multinational company for several years. I remember discussing new hire interviews over drinks on several occasions. Bottom line was yes there were a number of questions that could not be verbalized in the interview, but many of those should be in a properly formatted resume’. The unspoken bottom line was that if any of those items (and other personal things) were not written down or volunteered in the interview, the applicant had no shot at being hired. Cruel? No. Unjust? Maybe in a small way. Necessary? Absolutely. My job was to employ qualified folk who will assimilate the corporate culture and become motivated and loyal employees, not drones with issues. Applicants with secrets and poor attitude rarely evolve into good employees.


20 posted on 09/10/2010 5:59:12 AM PDT by ByteMercenary (Healthcare Insurance is *NOT* a Constitutional right.)
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To: jwparkerjr
My husband just started on a new job last week. He told me that on the appl. they can ask if you went to college but they can not ask if you got a degree or graduated, or ask for anything to verify you know your field of work.

He answered about past employment, but a couple mornings later the company he applied with called our house to talk to him to ask if he had worked for one of the companies he listed. I asked him why they didn't call that company and he didn't really know. I thought that was the strangest thing.

21 posted on 09/10/2010 6:00:50 AM PDT by YellowRoseofTx (Evil is not the opposite of God; it's the absence of God)
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To: jwparkerjr

Despite the rules and quotas, wise managers hire whom they want to and ignore the rest.


22 posted on 09/10/2010 6:02:20 AM PDT by Ghost of Philip Marlowe (Prepare for survival.)
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To: shelterguy

“I hire a certain percentage of minorities.”

They are only referring to one race, just so you know.


23 posted on 09/10/2010 6:05:32 AM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: jwparkerjr
FTR, I am happy to answer ANY question anyone who wants me to do work for them wants to ask. And since I will never be their employee, they don't have to worry about what some do-gooder might think. I don't understand why businesses hire as many people as they do.

ML/NJ

24 posted on 09/10/2010 6:06:44 AM PDT by ml/nj
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To: IMissPresidentReagan
An employer can't ask until AFTER extending a job offer if you are a citizen...

If the job has been advertised, a general job offer has been extended to those qualified. Unqualified may be rejected.

25 posted on 09/10/2010 6:07:34 AM PDT by JimRed (Excising a cancer before it kills us waters the Tree of Liberty too! TERM LIMITS, NOW AND FOREVER!)
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To: jwparkerjr

Most of those questions have been illegal to ask an applicant for 20 yrs or more (MSM is right on top of things as usual).
Interestingly, although they are not allowed to ask your race, a lot of employers are going to make a note if it in their records after meeting you (or at least their best guess from how you look) in order to comply with Affirmative Action and EEOC rules. (they are tracking how many people they interview of each color in order to defend themselves against lawsuits)


26 posted on 09/10/2010 6:09:40 AM PDT by Buckeye McFrog
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To: BraveMan
Nobody wants an older (50+) person anymore . . .

Are you kidding? In general people under 50 are the ones who have been convinced they are "entitled."

ML/NJ

27 posted on 09/10/2010 6:09:47 AM PDT by ml/nj
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To: jwparkerjr

Back in the 80’s , I was asked questions 1-6 ( 7 was obvious an d8 wouldn’t apply :-) ) all in the same interview :-)


28 posted on 09/10/2010 6:10:53 AM PDT by TheCipher
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To: BraveMan

It am surprised they would care about age for a contract position, if that is what you mean by rate. They don’t like to hire older employees because of medical costs and career path, but usually a contractor is just a body to do a job.

Maybe rates are down overall?


29 posted on 09/10/2010 6:13:18 AM PDT by proxy_user
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To: jwparkerjr
Employers cannot discount anyone from a job because of a physical or mental disability.
Mental disability - like being a liberal-progressive who destroyed America?
30 posted on 09/10/2010 6:22:52 AM PDT by oh8eleven (RVN '67-'68)
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To: AppyPappy

True dat.


31 posted on 09/10/2010 6:24:53 AM PDT by shelterguy
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To: shelterguy
The government is DEMANDING that I have a certain percentage of woman hours and that I hire a certain percentage of minorities.

My present contract was taken over by a company with all the proper "codewords". They new company is soup-sandwich.

32 posted on 09/10/2010 6:27:01 AM PDT by Sarajevo (You're jealous because the voices only talk to me.)
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To: oh8eleven

Here’s a good question: “What’s you philosophy on submission to authority?”


33 posted on 09/10/2010 6:38:09 AM PDT by aimhigh (True bitter clingers cling to their guns AND their bibles.)
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To: jwparkerjr
So...the "Age Discrimination" law passed in 1967 (43 years ago.)

In all that time, one must wonder a) how many cases of blatant age discrimination have in fact occured, b) how many have gone to court, c) how many were decided in favor of the plaintif.

Just using some fake numbers to fit my "opinion", I think it goes like this:
a)1,000
b).5
c).00001

Lots 'o luck old folk....lots o' luck!

34 posted on 09/10/2010 6:44:01 AM PDT by Logic n' Reason (What tagline??)
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To: ThePatrioticArtist

You can’t ask those things but you are required to have them fill out an I-9. You can’t tell them what they can use but there is a list and you can’t verify if any of it is true but you can cover your behind by having them.


35 posted on 09/10/2010 6:55:44 AM PDT by tiki
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To: shelterguy

The day they make “homosexual” a protected class, my newly gay self is signing up.


36 posted on 09/10/2010 6:58:28 AM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: dangerdoc

We cut down to 2 employees, our son and one other older man who only works 4 days a week.


37 posted on 09/10/2010 6:58:55 AM PDT by tiki
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To: jwparkerjr

Interesting, thank you for posting this!


38 posted on 09/10/2010 7:02:05 AM PDT by Cheetahcat (Zero the Wright kind of Racist! We are in a state of War with Democrats)
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To: tiki

you didn’t ask him how old he is, did you?


39 posted on 09/10/2010 7:02:27 AM PDT by paul51 (11 September 2001 - Never forget)
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To: AppyPappy
The day they make “homosexual” a protected class, my newly gay self is signing up.

In the meantime, watch "Project Runway" to learn the appropriate mannerisms. Practice them and you'll get the job of your dreams!

40 posted on 09/10/2010 7:02:35 AM PDT by 3catsanadog (If healthcare reform is passed, 41 years old will be the new 65 YO.)
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To: jwparkerjr

Reminds me of my recruiting days at a large US corporation. Due to affirmative action policies in the company, we were required to indicate the race of the applicant on the interview summary form. However, we weren’t allowed to ask the applicant what his race actually was.


41 posted on 09/10/2010 7:02:42 AM PDT by norwaypinesavage (Galileo: In science, the authority of a thousand is not worth the humble reasoning of one individual)
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To: proxy_user

“These programs exist, because a strong recommendation from a guy who know is good is worth a thousand BS interviews.”

Actually the problem is that when this occurs, the applicant is still asked to submit a resume. And herein lies the problem.

Companies like Taleo have produced software to make choices about applicants easier. What this has done is taken the “thought process” away from the HR rep and given it to a resume query which is looking for job description matches.

Resumes no longer have personalities. People no longer have personalities. What we are is a selection based on a set of criteria which actually makes it harder for an organization to hire someone.

Big deal a thousand people apply for a job. They have been doing that for years. Software cannot determine how you successfully handled a project. Software cannot determine how you handled a specific situation. Basically software doesn’t look past the first 500 words.

If you are fortunate enough to get past all of this and get the job, only one thing needs to be asked. Are you a US citizen? And that is more for taxation purposes than anything else. Every other question is irrelevant.


42 posted on 09/10/2010 7:07:13 AM PDT by EQAndyBuzz (Remember March 23, 1775. Remember March 23, 2010)
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To: 3catsanadog

I don’t need to. How are they going to prove I am not?


43 posted on 09/10/2010 7:07:22 AM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: BraveMan
Nobody wants an older (50+) person anymore . . .

Yep, and over 60 is worse.

44 posted on 09/10/2010 7:08:48 AM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: jwparkerjr

“You’re forced to spend your time and effort interviewing someone who isn’t qualified for the job in the first place.”

As a manager with HR experience, I can tell you that there are more than a few ways to navigate these questions.

You can ask people for their date of birth - INSTEAD of their age.

Contrary to the news article, you ARE allowed to ask people how they wish to be addressed (i.e., Mrs., Miss, etc...) so long as you also ask the men this question. You can mention your spouse and kids to illicit comments from the interviewee about their spouse and kids!

You explain the job (with a written task analysis) and then ask them if they are 100% sure they can perform the job - have them sign a statement agreeing to the job requirements! If they fail to meet those - they can be terminated for falsifying their application!

There are MANY ways to get around all of these issues! Besides, resumes’ and first impressions handle 95% of all the less-than capable applicants - IF you have the right person running the HR department! I was running a security company and we had 80% new-hire retention. In the security field this is AMAZING!

Problem is that you are starting to find more and more HR personnel that are more interested in “helping people get jobs” than helping the company get good employees! Several of these “college graduates” don’t realize that good employees help the company keep the HR person employed! DUH!


45 posted on 09/10/2010 7:11:18 AM PDT by ExTxMarine (Hey Congress: Go Conservative or Go home!)
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To: screaminsunshine

But companies know that applicants are uniformed as to what can and can’t be asked. I would estimate that 70% of the jobs I have applied for on a company web site ask “Are you a US citizen.”

Also companies are devious. One way they attempt to get around the age factor is by asking when did you graduate from college or high school, thus allowing them to approximate your age.

This article also fails to say that those looking for gov jobs are SOL, because, if I am correct, these laws do not apply to our “overlords”.


46 posted on 09/10/2010 7:16:10 AM PDT by CharlesMartelsGhost
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To: proxy_user
Large companies have official programs that pay thousands of dollars for referrals.

Often times to avoid potentially tens of thousands for a headhunter. The previous place I worked refused to pay the 25% commission the headhunters wanted and would only pay 20% maximum. That meant that everyone the headhunters sent to us had already been through all of his good customers at least once and we got the leftovers, so we ended up doing most hiring from employee recommendations and walk-ins without headhunters.

47 posted on 09/10/2010 7:17:41 AM PDT by KarlInOhio (Gun control was originally to protect Klansmen from their victims. The basic reason hasn't changed.)
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To: jwparkerjr

It’s been a long long time since I applied for a real job (I did an interview for an opinion column job, but that is a contractor job, not an employee/employer job).

I just took a job as a Halloween Haunt monster at a local theme park. Last night we got to do all the paperwork. My daughter is also working, and at some point she said “I’m so sick of my name”, because of all the papers we had to fill out. I said “I guess this is your first real-life introduction into how intrusive your government is”.

For all the questions employers can’t ask you, there are way too many things they are REQUIRED to ask you in order to hire you — mostly to see if they are meeting quotas, following some anti-discrimination law, or whether they qualify for some tax break or another.

She was also incensed by the list of things she is not allowed to do as part of her job, because she is not 18.


48 posted on 09/10/2010 7:17:59 AM PDT by CharlesWayneCT
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To: jwparkerjr

The list isn’t really accurate. For example, it says they can ask if you are over 18; in fact, they can ask if you are under 40. At least, they do that with the forms, because they have to tell the government that information so they can prove they aren’t discriminating against people over 40.

Also, they asked for birthday, so I don’t see how they couldn’t know how old you were.


49 posted on 09/10/2010 7:19:41 AM PDT by CharlesWayneCT
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To: jwparkerjr

I see that the article makes a distinction between what can be asked before a job is offered, and what can be asked after a job is offered.

As part of filling out my paperwork in order to ACCEPT a job offer, I had to answer questions about most of the things they said couldn’t be asked. They asked about marital status, age, whether i had old injuries, etc.


50 posted on 09/10/2010 7:23:00 AM PDT by CharlesWayneCT
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