O
Obfus Kataa
Guest
Sun, 1 Aug 2004 (17:40 -0000 UTC) John Miller wrote:
1. The EEOC regulations apply only to protected classes. You have
no way of knowing whether I am (or rather was) a member in 1978 of
one of those classes. I was not. This reason does not count
against your response.
2. Because of item one, and because having a child does not place one
necessarily in a protected class, the question "do you have children?"
is not illegal; however, the question "do you have children under the
age of 18?" may be. (Title VII of the 1964 Civil Rights Act was in
effect in 1978) The problem with the "children under 18" question
is not that the question, itself, is illegal. The problem is that if
as an employer you have asked this question and then used the answer to
refuse employment of an otherwise eligible candidate, and that person
is in a protected class, you are more likely to be found in violation.
So, by common sense, you should avoid the question. But the laws
passed by Congress to not list questions that are illegal. They define
practices that are illegal. Certain questions may strongly imply
the intent to engage in illegal practices. And evidence of intent may
lead to a potential employee inferring that intent led to discriminatory
practice, thus causing that applicant to file a civil complaint and
or a fair labor practices complaint with the DoL.
3. In the two posts I made, I said the questions were invasive, but I do
not believe they were illegal or would have been judged illegal at the
time. I do not think that it would be illegal today to ask whether
a potential employee has ever used illegal drugs. At that time, I
believe you could ask if a potential employee has ever been investigated
for a crime.
Certain other restrictions do apply for employers that engage in federal
contracts. Certain exemptions are implied as a result of Supreme-Court
rulings related to state employees, but not as regards initial employment
except as it relates to public safety and physical requirements.
--
oK+++
Good people do not need laws to tell them to act responsibly,
while bad people will find a way around the laws.
-Plato
16:05 up 53 days, 17:49, 1 user, load averages: 0.33 0.35 0.25
Reasons for the answer's being incorrect or inapplicable:
1. The EEOC regulations apply only to protected classes. You have
no way of knowing whether I am (or rather was) a member in 1978 of
one of those classes. I was not. This reason does not count
against your response.
2. Because of item one, and because having a child does not place one
necessarily in a protected class, the question "do you have children?"
is not illegal; however, the question "do you have children under the
age of 18?" may be. (Title VII of the 1964 Civil Rights Act was in
effect in 1978) The problem with the "children under 18" question
is not that the question, itself, is illegal. The problem is that if
as an employer you have asked this question and then used the answer to
refuse employment of an otherwise eligible candidate, and that person
is in a protected class, you are more likely to be found in violation.
So, by common sense, you should avoid the question. But the laws
passed by Congress to not list questions that are illegal. They define
practices that are illegal. Certain questions may strongly imply
the intent to engage in illegal practices. And evidence of intent may
lead to a potential employee inferring that intent led to discriminatory
practice, thus causing that applicant to file a civil complaint and
or a fair labor practices complaint with the DoL.
3. In the two posts I made, I said the questions were invasive, but I do
not believe they were illegal or would have been judged illegal at the
time. I do not think that it would be illegal today to ask whether
a potential employee has ever used illegal drugs. At that time, I
believe you could ask if a potential employee has ever been investigated
for a crime.
Certain other restrictions do apply for employers that engage in federal
contracts. Certain exemptions are implied as a result of Supreme-Court
rulings related to state employees, but not as regards initial employment
except as it relates to public safety and physical requirements.
--
oK+++
Good people do not need laws to tell them to act responsibly,
while bad people will find a way around the laws.
-Plato
16:05 up 53 days, 17:49, 1 user, load averages: 0.33 0.35 0.25
