personal questions before a firm offer

[whoisonfirst]

What is the name of your state?What is the name of your state? OR

I recently applied for a college teaching position. Several issues have arisen, and I need some input:

1. A credit check was already completed. I know this because Equifax sent me a copy of my report with an FCRA notice stating that an employer had requested it. The only inquiry on it was from this school. Two days later, I received a packet of pre-employment papers to fill out, and inside this packet was a permission form to run a credit check. This means they asked for permisson *after* running the check, which I find somewhat unnerving. I had granted permission for a Criminal Background check only, and they ran that, too. But not for a credit check, at least not to my knowledge.

This new form I received has an FCRA notice on it. When I signed before for the criminal background check, there was no such notice or mention of credit on the form - only a criminal background check.

2. Also in this packet of forms is a data sheet asking detailed questions about my marital and family life and history. I am supposed to provide names, birthdates, addresses, citizenship status, and birth places for every possible relative - mother, father, brother, sister, children, spouse, ex-spouse, etc. I thought employers could not ask for this prior to a firm offer of employment. This seems like a sneaky way of asking if I have ever been married or divorced, or if I have children, etc., but without coming out and asking. Am I right? Also, I have no idea why they would need this for a teaching position.

3. The forms want me to disclose my ethnicity. It is not your standard Affirmative Action form, but rather, part of the paperwork for their database and application.

I found all this a little discomforting, since I have no firm offer of employment as of yet. I emailed the department head and asked him if all this meant I was hired. He said I still technically needed to be reviewed by his direct manager and by corporate (it is a corporately owned technical school.)

Oh - they also want my Direct Deposit information and other highly sensitive information. I would be happy to provide that if I actually know a paycheck is coming (i.e., I am hired), but not before.

What should I do? Thanks!

 

[Beth3]

1. So what does the FCRA notice you receive say regarding your authorization being necessary prior to your credit history being checked?

2. I thought employers could not ask for this prior to a firm offer of employment. You are incorrect. An employer is free to ask for that information at any time although unless a job requires security clearance, I don't know why they would.

This seems like a sneaky way of asking if I have ever been married or divorced, or if I have children, etc., but without coming out and asking. Am I right? I have no idea why this teaching institution would want that information but I doubt your assumption is correct. They could just come out and ask you what your marital status is and whether you have children. Those aren't illegal questions.

Also, I have no idea why they would need this for a teaching position. Neither do I. Why don't you ask them?

3. The forms want me to disclose my ethnicity. It is not your standard Affirmative Action form, but rather, part of the paperwork for their database and application. Not a big deal. I have no doubt that the school is required to keep extensive data on the ethicity, ages, genders, etc. of their applicants, teachers, and students.

they also want my Direct Deposit information and other highly sensitive information. I would not provide such information until after I'd accepted an offer. I can't imagine why they want your DD information at present. I honestly don't think they have nefarious intentions. I just think they're putting the cart before the horse.

 

[cbg]

Outside of certain medical or disability information, very, very few questions are actually illegal either pre- or post-hire. What is illegal is using that information (in some cases - it varies by state) to make the employment decision.

A smart employer will not ask such information prior to an offer so that they cannot be accused of using it to make the decision. If they don't ask the questions, they can't possibly use the information illegally. But not all employers are smart.

Beth is also correct when she says that they very likely have to keep records of the ethnicity and other information of applicants as well as employees. It is the bane of an HR manager's existance that we are required to provide reports to the govt on information that we are legally forbidden to ask about.