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religion discrimination

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nazuraki

Junior Member
I live in New York, and was wondering if it is legal for an employer to ask a potential employee what religion they belong to?

If, as I suspect, they cannot, could you please cite the law so I can quote it if I need to?

Thanks very much!

-nazuraki
 


Beth3

Senior Member
As JETX said, it's not an illegal question but it's usually a very foolish one.

If you are applying for work at a religious or faith-based institution (a Catholic school, for example), then it's a completely legitimate question.
 

BelizeBreeze

Senior Member
Beth3 said:
As JETX said, it's not an illegal question but it's usually a very foolish one.

If you are applying for work at a religious or faith-based institution (a Catholic school, for example), then it's a completely legitimate question.
It's also a very legitimate question when applying at the Playboy Mansion.....have you SEEN the layout with the Nun's habit??????:D
 

janimal

Member
....although after being asked the question in an interview, it probably won't help you get the job should you reply quoting laws about how their question was inappropriate!

It's not smart for an interviewer to ask a question that leads to gaining information that could be grounds for claims of discriminatory hiring practices later. But it's also not smart for someone interviewing for a job to point out to an interviewer that they aren't asking smart questions.

I interviewed with a firm last week, and I met with an HR gal who would report to me if I get the job, who asked me where I was born. I was surprised, as she should really know better - but pointing that out doesn't win you any points in an interview.

Now if they hire me, she and I can talk....
 

BelizeBreeze

Senior Member
janimal said:
...

Now if they hire me, she and I can talk....
about what? Asking where you were born is NOT illegal. Nor is it accusatory of a certain protected right.

If you want a way to last 10 minutes in a new job, you go right ahead and have that 'talk'.:rolleyes:
 

ecmst12

Senior Member
An interviewee could certainly respond "I'd rather not say" to the religion question though. It is a rather personal question!
 

janimal

Member
It is not appropriate to ask a job applicant where they were born. Although the question is not illegal, denying someone employment becasue of national origin is. It is not a question that is relevant to the job.

In my case, I was born outside of the country. Although I do not believe the intention of asking the question was to discriminate, it *could* be construed that way. My sister's boyfriend was born in Afghanistan, and people look at him differently when they learn that.

And if I get this job, and this person reports to me, it would be perfectly appropriate for me to coach my employees on effective interviewing techniques, which would include questions not to ask, like what is your religion, and where were you born.
 

BelizeBreeze

Senior Member
janimal said:
It is not appropriate to ask a job applicant where they were born. Although the question is not illegal, denying someone employment becasue of national origin is.
That is NOT the issue. You said that you would speak with her regarding the question, NOT denying employment. THAT is inappropriate.
It is not a question that is relevant to the job.
And how do you know that? There are many sales jobs where your birth place may well be relevant.
In my case, I was born outside of the country.
that is a personal bias, not a legal issue.
Although I do not believe the intention of asking the question was to discriminate, it *could* be construed that way.
Again, YOUR personal bias, not a legal issue.
My sister's boyfriend was born in Afghanistan, and people look at him differently when they learn that.
So? "Looking at someone different" is not against the law in this country. Sounds like someone has a chip on their shoulder here.
And if I get this job, and this person reports to me, it would be perfectly appropriate for me to coach my employees on effective interviewing techniques, which would include questions not to ask, like what is your religion, and where were you born.
and that is NOT what you said. Your exact words were "Now if they hire me, she and I can talk...." which can be taken an confrontational and NOT appropriate.

You need to lose the chip on your shoulder if you are going to be effective in HR.
 

janimal

Member
Well, we will agree to disagree. Being an HR professional for over a decade, I have experience where an individual's national origin has been a factor in their employment. It is not an appropriate interview question. And in this instance, I am certain it was not relevant to the job I was interviewing for. Of course I know if it was relevant or not!

I have personally not been discriminated against because I was born in England, and I assure you there is no chip on my shoulder. On the contrary, I run across the occasional Anglophile and the opposite is true! But it is naive to think that an individual born in Afghanistan or other Arab country doesn't experience discrimination in and out of the workplace. It happens, and the best way to avoid a perception of this happening is to not ask questions not relevant to the job - especially those that reveal information that could lead to a perception the information was used to discriminate.

The most basic HR intervewing training covers this.

Oh, and they checked my references yesterday. Looks like I'll get to have a session on effective interviewing techniques with my new firm.
 

BelizeBreeze

Senior Member
janimal said:
Well, we will agree to disagree. Being an HR professional for over a decade, I have experience where an individual's national origin has been a factor in their employment. It is not an appropriate interview question.
And this is your own bias. No one (except you) mentioned National Origin. You took an innocent question regarding birthplace and turned it into a National Origin question. So, with your own prejudice you are discriminating against someone with what could be very innocent attempts at familiarity.

As an HR professional as you profess to be I would have thought you would have learned by now to leave your personal bias at the door.

My daughters were born in Europe. However, they are American. I was born in Kansas City but have lived most of my life in Europe. So, when asked where my daughters were born, I accept the question as it was intended, as a chance to get to know someone, not as a reason to file a lawsuit.
And in this instance, I am certain it was not relevant to the job I was interviewing for. Of course I know if it was relevant or not!
And again, you are letting your personal prejudice rule how you interact. I would have shown you the door in a heartbeat.
I have personally not been discriminated against because I was born in England, and I assure you there is no chip on my shoulder.
You are doing just that here. No one cares who or what you are. YOU are the one bringing out the tired stereotypes here.
On the contrary, I run across the occasional Anglophile and the opposite is true! But it is naive to think that an individual born in Afghanistan or other Arab country doesn't experience discrimination in and out of the workplace.
[/quuote]
So what? Discrimination is NOT illegal. And in this country, we have this little freedom called "Expression". You see, we are not required to like everyone. Whether they are red, green, black, brown or, GOD FORBID!!!! WHITE.
It happens, and the best way to avoid a perception of this happening is to not ask questions not relevant to the job - especially those that reveal information that could lead to a perception the information was used to discriminate.
BULLCRAP! So in your basic HR training you teach people that asking questions can get them sued? Then I guess you have no right to look at an applicant because you might ascertain whether they are male or female, handicapped or not, or god forbid black?
The most basic HR intervewing training covers this.
Really? I would never have guessed my being so ignorant...:rolleyes:
Oh, and they checked my references yesterday. Looks like I'll get to have a session on effective interviewing techniques with my new firm.
I feel for them. because you think 10 years of working as an HR rep gives you the ability to 'train' people to become robots.

by the way HR professional. Checking someone's references does NOT mean you got the job. You would have known that had you had 10 years HR professional experience behind you.

so, now what would you like to use as an excuse if you don't get the job?:rolleyes:
 

mlane58

Senior Member
janimal said:
Did you actually post "So what? Discrimination is NOT illegal"
BB is correct. Discrimination for most incidents is not illegal. To be "illegal" discrimination, employers must single out employees on the basis of age, creed, disability, national origin, race, religion or sex (gender, pregnancy or harassment), in violation of specific,
 
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