What do you do....

Durty

Shared on Wed, 09/17/2008 - 15:16

When an interviewer insists upon asking questions that happen to be illegal to ask prospective employees?

Such as:

"Do you need insurance for your family or would it be you alone?"  really means "Do you have children?"

"Do you have reliable childcare for your children?"  really means "Do you have children?"

"Does your husband work?" really means "Are you married?"

There were many more questions like this from the owner of the company I interviewed with yesterday.  My standard answer was, "It isn't an issue."  I wanted to tell him that those kinds of questions are inappropriate and illegal to inquire of a prospective employee but I didn't want to risk not getting yet another job, lol.  So, what I want to know is.....what do I do if it happens again?  I have had interviewers ask me a lot of questions, some similar but never one right after the other like this guy did.  And never in quite so obvious a fashion. 

 

Comments

Azuredreams's picture
Submitted by Azuredreams on Thu, 09/18/2008 - 05:14
First of all, none of those questions are the least bit illegal.He was simply inquiring about your ability to show up for work on a consistant basis.Obviously this has been a problem for him in the past and wants to avoid hiring more of the same problematic individuals. Bottom line here is that the guy is running a business or is being tasked by the owner to make sure his/her buisness runs smoothly. Thus they ask these questions to try and avoid hiring people who are more likely not to show up for work and or leave early than others. Regardless of what you think of the legality of the questions, the fact is that it's a buisness and they have every right to hire who they feel will most benifit that buisness. A prospective employer can ask you anything that they wish, the legal battle is not over which questions can be asked, but the reason behind why someone in paticular was refused employment. Basicaly you can roar to the rooftops about being asked illegal questions etc, but it will always come down to your word agianst theirs and who do you think the courts will believe? Also, if you're unemployed and struggling to make ends meet, odds are you wont be mounting any costly legal battles any time soon. That being said however, if you're offered the job take it. There's a time to have principals and there's a time that bills need to be paid.The guy is only trying to protect the buisness, and as a possible employee, that should make you feel secure in the knowledge that they aren't going to fold a month after you get the job.
char's picture
Submitted by char on Thu, 09/18/2008 - 07:21
"It isn't an issue." I think that was the perfect response.
JeepChick's picture
Submitted by JeepChick on Thu, 09/18/2008 - 10:58
I agree with Char. Perfect.
Durty's picture
Submitted by Durty on Thu, 09/18/2008 - 15:45
Azure, while I understand your statements, the fact remains that in Missouri it is illegal to hire or fire based on merits that have to do with Family Status....which all of those questions were pertaining to. I understand that he needs to make sure that his business is run smoothly and with as little a hitch as possible, but there are other questions that can be asked that don't deal with whether or not I am married or whether or not I have children.
DrTHE0P0LIS's picture
Submitted by DrTHE0P0LIS on Sun, 09/21/2008 - 07:20
Gosh, Azure sure do write purty. Unfortunately, he/she is dead wrong. It is patently illegal to ask questions regarding age, marital status, sexual preference, and many, many more. The fact that you speak authoritatively and write well is no substitute for being, well, correct. If you are charged with hiring people, I suggest you get in touch with your HR folks and brush up on your labor law.
LOSTRO's picture
Submitted by LOSTRO on Wed, 09/17/2008 - 15:21
i think he wants to tap dat azz!
Lbsutke's picture
Submitted by Lbsutke on Wed, 09/17/2008 - 15:46
Keep answering exactly like you did. Be polite, but do not budge on your answer.. If it comes down to it, ask him/her this... Does a specific answer other than the one I gave, determine if I will be a candidate for this position? That should shut them up...and if they answer yes...well then say hello to the better business bureau (sp?)
GIJoeBob's picture
Submitted by GIJoeBob on Wed, 09/17/2008 - 15:52
Hire a couple of wranglers to beat the shit out of him.
BalekFekete's picture
Submitted by BalekFekete on Wed, 09/17/2008 - 15:53
"Do you want to offer me this job now or should I contact my legal representation first?"
Codemunkee's picture
Submitted by Codemunkee on Wed, 09/17/2008 - 15:54
He cant legally ask you those questions. Ask yourself, as badly as you need the job, whether you'd want to work for that guy. Chances are hed be a big pain in the ass in other areas of the company too.
TDrag27's picture
Submitted by TDrag27 on Wed, 09/17/2008 - 16:15
Dude is clever skirting around the questions that way. There are all sorts of tricks that interviewers and HR people use to get around the law. If they're not outright asking you "do you have kids" there's probably little you can do but make a mental note to not work for them.
GIJoeBob's picture
Submitted by GIJoeBob on Wed, 09/17/2008 - 16:22
If you are not going to work for them then you might as well have some fun at the guys expense- "Will you be needing insurance for your children?" "No, I sacrificed all of my offspring before they are a year old"
TANK's picture
Submitted by TANK on Wed, 09/17/2008 - 16:43
Well i guess what you can do depends on how badly you want the job. If you really don't care about getting the job you can say, none of your business, it's illegal for you to ask me that etc. But you're most likely not going to get the job. What iw ould do instead is come up with creative answers to skirt around the answer and shove it back at them.
millfire517's picture
Submitted by millfire517 on Wed, 09/17/2008 - 19:40
id kick him in his mangina
pyro13g's picture
Submitted by pyro13g on Wed, 09/17/2008 - 20:24
If you're in a one party state for the recording of conversations then record your interviews. If you encounter illegal questions and you really want the job then blackmail them into giving it to you. lol
Flywalker's picture
Submitted by Flywalker on Wed, 09/17/2008 - 22:38
It does not really matter when i applied with the federal Bureau of prisons they asked so many questions that were illegal it was not funny. It didnt matter anyway because after they removed their investigator from my rectum they pretty knew things about me that i didnt even know. I asked about it later and they said they were looking to see if i would lie about anything. Dont feed a lawyer if you need the job take a look for another one. It is always easier to find a job when you have one.

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