Which of the Following Pre Employment Inquiries Is Discriminatory

GUIDE TO PRE-EMPLOYMENT INQUIRIES. Number and age of children or future child bearing plans.

Preemployment Inquiries The Good The Bad And The Ugly

Asking a candidate for the names of people who.

. State and local government laws also prohibit discrimination based on factors such as marital status pregnancy and sexual orientation. Whether applicant is pregnant. These guidelines are intended to assist employers labor organizations employment agencies and persons with handicaps and their lawyers in understanding what employment practices are lawful or unlawful and what steps must be taken to accommodate handicapped persons.

The whole purpose of FEHA is to shield workers against discriminatory practices and that includes invasive pre-employment questionnaires and examinations. Current legal name and whether the candidate has ever worked under a different name Current residence and length of residence To state marital status If the candidate is of a specific religion when it is a BFOQ. Any inquiry into height or weight of applicant except where it is a bona for occupational requirement.

Most employment discrimination against people with disabilities is not intentional. However after making a conditional job offer an employer. Discrimination most frequently occurs because interviewers and others involved in hiring lack knowledge about the differing capabilities of individuals with disabilities and make decisions based on stereotypes misconceptions or unfounded fears.

Federal and state laws prohibit dis-crimination on the basis of an applicants race color national origin religion sex age or disability. Employment status of spouse. Spark a discrimination charge or lawsuit.

According to the EEOC the following pre-employment inquiries may be regarded as evidence of intent to discriminate when asked in the pre-employment context. Requirement that women be given pelvic examinations. Asking a candidate to identify national origin citizenship race or color.

Generally preemployment inquiries are considered discriminatory if they satisfy the following two-prong test. The California Fair Employment and Housing Act FEHA prohibits employment practices that discriminate against applicants or employees based on race religious creed color national origin ancestry physical disability mental disability medical condition genetic information marital status sex gender identity gender expression age 40 years and older sexual orientation or. Inquiry as to the ability to reproduce or advocacy of any form of birth control.

Or an inquiry regarding gender. The inquiry tends to affect members of a protected class differently than it does other applicants. The following pre-employment inquiries may be regarded as evidence of intent to discriminate when asked in the pre-employment context.

Although state and federal equal opportunity laws do not clearly forbid employers from making pre-employment inquiries that relate to or disproportionately screen out members based on race color sex national origin religion or age such inquiries may be used as evidence of an employers intent to discriminate unless the questions asked can be justified by some. Mr Miss or Mrs. Marital status of applicant or whether applicant plans to marry.

The employer may not ask any questions about the nature or severity of the disability pre-offer. Pre-employment inquiries which discriminate on the basis of race color religion sex sexual orientation gender identity gender expression national origin age protected veteran or disabled status or genetic information are prohibited by the University of Washingtons policy and state and federal laws. Also pre-offer employers may ask if the applicant will need an accommodation to perform a specific job duty and if the answer is yes the employer may then ask what the accommodation would be.

The federal Americans with Disabilities Act ADA imposes some restrictions on employers when it comes to medical inquiries and exams and identification of disabilities. Discrimination in employment on the basis of handicap. But federal EEO laws do prohibit employers from discriminating when they use criminal history information.

The INA prohibits retaliation against individuals for asserting their rights under the INA or for filing a charge or assisting in an investigation or proceeding under the INA. Federal law does not prohibit employers from asking about your criminal history. You and your management team are about to interview some candidates for the position of marketing manager.

Asking a candidate if he or she has been convicted of a felony and other information if the felony is job related. In July of this year The Human Rights Tribunal ruled that the Imperial Oil Limited IO pre-employment practice of requesting that job applicants disclose whether or not they were entitled to work in Canada permanently constituted discrimination on the basis of citizenship pursuant to the Ontario Human Rights Code. You want to make sure that no one asks any illegal or discriminatory questions during the interviews so you first review the two major rules of thumb to follow during preemployment inquiries.

Which of the following preemployment inquiries is discriminatory. As stated above the INA prohibits employment discrimination on the basis of national origin by smaller employers with four to 14 employees. Marital status of applicant or whether applicant plans to marry.

Title II of the Genetic Information Nondiscrimination Act of 2008 GINA which prohibits genetic information discrimination in employment took effect on November 21 2009. Disability or physical or mental condition applicants -inquiry into applicants general medical condition state of health or illness physical or mental disabilities. Guidelines for Pre-Employment Inquiries.

Using criminal history information to make employment decisions may violate Title VII of the Civil Rights Act of 1964 as amended Title VII. The Maine Human Rights Act MHRA provides that it is unlawful employment discrimination for an employer employment agency or labor organization prior to admission or membership of any individual to elicit or attempt to elicit information directly or indirectly pertaining to race or color sex sexual orientation physical or. Asking a candidate for information on education and experience gained that relates to the job.

Whether applicant is pregnant.

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