Request of info. after job has been offered
JJo
1 Post
I understand that asking a potential candidate for their Marital Status is not to appear on an employer's job application in order to help avoid a possible discrimination claim. However, is it an appropriate question to ask on an internal company hr/payroll form?
Comments
I didn't mean in my previous post that the subject was discussed prior to an offer being extended and accepted.
Seriously, I do not ask about marital status pre-offer. As others have said, just speak generically about benefits giving info on both single and married coverages. Let the candidate decide which is more important to them. But, on their first day among all the other paperwork we have new hires fill out is a Status Sheet. This form includes a request for info on marital status which becomes part of their permanent record.
It's not asking the question that's illegal. It's what you might do with the answer, if discrimination can be proved, and how the jury or hearing officer might perceive you to have acted on the information that you obtained contrary to their guidance.
There is advice given by the EEOC as well as inferences we may draw from the ADEA, ADA and a multitude of other statutes that recommend certain questions are inappropriate and should be avoided. If there were a law against asking any of those questions, then asking them would have you automatically guilty of either a misdemeanor or a felony.
Let's be clear here. The EEOC is not a lawmaking body. They give recommendations, conduct investigations, issue opinions and facilitate various processes. They also bully employers. They do not make law. I have heard others say they serve a valuable purpose. I intend to find out the truth of that before I retire.
"...there's no law prohibiting our asking an applicant for his religious preference, her ethnicity, his marital status, her disability status or whether he's over 50. Illegal discrimination is, by definition, illegal. Questions are not illegal."
are indeed 'unfair' questions that might lead an applicant to believe that they may be discriminated against & can be reported to the HRC, which could find these inquiries illegal. However, because I really wanted to know, I also looked it up & found that post-hire, it is okay to ask these questions on a need to know basis & as long as the information is kept private by the employer (once the ee says something it's okay).
Thank you for your posts & answers though - it spurred me on to find the answers. x:-)
Just kidding. Mutual respect does not preclude discussion, it often generates it. I for one appreciate the back and forth and would not want Mwild or Don D to throttle back.
You are both fonts of wisdom and knowledge and we would be diminished without your participation.th-up
For those of you who don't know yet, on the Forum Cruise, MWild and I have adjoining rooms. We're taking your bets. Either we'll come off the trip best buddies or one of us will be missing. Odds are even. Send your money to Ray. Minimum wager is 2 bucks.
Send your money. They trust with the petty cash at work, so you can trust me too. Really. And I won't use any of it to buy a designer T-shirt with Hillary's picture on the front. But, I have been thinking about buying a pink one for Beagle.
Don, what happens if you both end up missing?
blame beagle x:-)