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Is this legal?

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TRON

TRON

Banned
roostersapplication.jpg


Is it legal to ask medical questions on a job application?
 
im definitely no lawyer, but one would think that would be a question to be answered after you are hired. the employer should know about any conditions, but it shouldn't effect whether or not you are hired.
 
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Found this here:


What questions are off-limits on an employment application or when conducting a job interview?


Employers must give careful consideration to the questions used in an employment application. A number of problem areas have arisen concerning questions which are included in an employment application or asked during the course of a job interview.

(1) Age/date of birth: Generally, age is considered not to be relevant in most hiring decisions, and therefore, date-of-birth questions are improper. Age is a sensitive pre-employment question, because the Age Discrimination in Employment Act protects employees 40 years old and above. It is permissible to ask an applicant to state his or her age if it is less than 18. If you need the date of birth for internal reasons, i.e., computations with respect to a pension or profit-sharing plan, this information can be obtained after the person is hired.

(2) Race, religion, national origin: Generally, questions should not be asked about these matters, either on employment applications or during job interviews. The requirements that an applicant furnish a picture has been held to help support a claim for race discrimination when it was demonstrated that an employer never hired a minority applicant, the theory being the picture was required so that an employer would remember which applicants were members of minorities. A sexual harassment plaintiff might similarly argue that the employer pre-screened applicants for physical attractiveness. Ordinarily, Title VII of the Civil Rights Act of 1964 requires that employers make reasonable accommodations for their employees? religious practices, thus eliminating the necessity for asking whether an applicant?s religious beliefs would prohibit his or her working at certain times and on certain days in most situations.

(3) Physical traits, disabilities: Height and weight requirements have been found to violate the law in situations where such requirements have eliminated disproportionate numbers of female, Asian-American, and Spanish-surnamed applicants when in such cases, the employer could not show that the physical standards were directly-related to job performance.

(4) Education: If a job for which an application is being made does not require a particular level of education, it is improper to ask questions about an applicant?s educational background. Applicants can be asked about educational background, schools attended, degrees earned, and vocational training when the performance of a job requires a particular level of education. For example, inquiring into the English language proficiency and educational background of a secretarial candidate is proper, while the same inquiry would probably be improper for a janitorial applicant. The EEOC and some courts have looked closely at an employer?s educational requirements to determine whether they are being used to exclude from employment minorities who, generally-speaking, have obtained lesser levels of education.

(5) Arrest, conviction records: The EEOC takes the position that questions concerning arrests are improper unless the applicant is being considered for a "security sensitive" job and the employer does an investigation to determine, in effect, whether the applicant was likely to have committed the crime for which he or she was arrested. The EEOC also says that questions about an applicant?s conviction record are improper unless the employer can show that the conviction is in some way related to the position being applied for. The EEOC takes these positions because of statistics which show that minorities are arrested and convicted at considerably higher rates than whites.

(6) Garnishment: Questions concerning whether an applicant has been the subject of garnishment proceedings should be eliminated from employment applications. Using the garnishment history of an applicant in determining whether he or she will be hired is probably discriminatory, because more minority members have their wages garnished than do with whites.

(7) Citizenship: The anti-discrimination provision of the Immigration Reform and Control Act provides that an employer cannot discriminate because an applicant is not a U.S. citizen. Therefore, in order to avoid charges of discrimination under this Act, citizenship questions should probably be deleted from employment applications. The Form I-9 is the appropriate place to determine citizenship status instead of the employment application.

(8) Drugs, smoking: It is permissible to ask an applicant if he or she uses drugs or smokes. The application also affords an employer the opportunity to obtain the applicant?s agreement to be bound by the employer?s drug and smoking policies. The application also affords an employer an opportunity to obtain the applicant?s agreement to submit to drug testing.

(9) Other problem areas: Questions concerning whether an applicant has friends or relatives working for the employer may be improper, if the employer gives a preference to such applicants. Questions concerning credit rating or credit references have been held to be discriminatory against minorities and women. Questions concerning whether an applicant owns a home have been held to be improper as being discriminatory against minority members, since a greater number of minority members do not own their own homes. While questions about military experience or training are permissible, questions concerning the type of discharge received by an applicant have been held to be improper, because a high proportion of other than honorable discharges are given to minorities. The Americans with Disabilities Act prohibits general inquiries about disabilities, health problems, and medical conditions.
Click to expand...
 
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Just for fun, here's a list of questions I've heard on job interviews, as closely quoted as I remember them.

"Who's your daddy?" (as in, is your lineage acceptable?)
"We're guessing you're Catholic. Are we good guessers?"
"I see you lived in Utah. Can you work with black people?"
"I see you lived in Utah. By the way, here's a glass of wine." (waits to see if I drink it)
"The president is just awful, don't you agree?"
"Do you have a husband?"
"Do you not lean that way?"
"Do you plan to have children and quit working soon?"
 
Upvote 0
Deety;832125; said:
Just for fun, here's a list of questions I've heard on job interviews, as closely quoted as I remember them.

"Who's your daddy?" (as in, is your lineage acceptable?)
"We're guessing you're Catholic. Are we good guessers?"
"I see you lived in Utah. Can you work with black people?"
"I see you lived in Utah. By the way, here's a glass of wine." (waits to see if I drink it)
"The president is just awful, don't you agree?"
"Do you have a husband?"
"Do you not lean that way?"
"Do you plan to have children and quit working soon?"
Click to expand...

Answers please. You can't leave us hanging.:biggrin:
 
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