Employers/applications ask if I have done PTI... illegal questions?!?

[cbg]

I know for a fact that questions about arrests, PTIs and such are NOT legal.

Then of course, you can post a link to the law that prohibits it. Why don't you show us?

 

[xylene]

I know for a fact that questions about arrests, PTIs and such are NOT legal.

Prove it. And detail the recourse available.

 

[Betty]

Neither SC or NC have any restrictions on employers asking about arrests & convictions. (some states do have certain restrictions)

 

[MonarchX]

When I type in "Illegal Interview questions" in Google I get many links and in many places it says:

Subject: Arrest record
Illegal: Have you ever been arrested?
Legal: Have you ever been convicted of _____? (The crime should be reasonably related to the performance of the job in question.





Inappropriate:

• Have you ever been arrested?
• Have you ever spent a night in jail?

Appropriate:

• Have you ever been convicted of a crime?








Subject: Arrests & Convictions
Unlawful Inquiries: All inquiries relating to arrests. "Have you ever been arrested?" (Note: Arrests are NOT the same as convictions. An innocent person can be arrested, remember.)
Lawful Inquiries: None relating to arrests. Legal inquiries about convictions are: "Have you ever been convicted of any crime? If so, when, where and disposition of case. "Have you ever been convicted under criminal law withing the past five years (excluding minor traffic violations)?" It is permissible to inquire about convictions for acts of dishonesty or breach of trust. These relate to fitness to perform the particular job being applied for, as stipulated by FDIC requirements.

 

[ecmst12]

Post the links. Anyone can put something up on the web saying whatever they like. They don't have to be credible.

 

[cbg]

And I can show you google links that say that the Holocost never happened, or that you can legally avoid paying your Federal income tax. That doesn't make them true.

I say again, post a link to the law that says so. Not a google question.

 

[MonarchX]

My Career Center interview packet says THE SAME THING if it makes anyone feel better (and those people specialize in knowing this info). My speech professor said the same thing. My Career Center guide said the same thing.

They can't answer my questions so I am asking here, but their advice was to just say "My record is clean" if interviewer asks about arrests, PTI and such.

 

[cbg]

Since you are unable to supply the links requested, I'll explain to you why.

There are next to no illegal questions. At the Federal level, the only one I can think of relates to disability. It is entirely possible to ask a legal question and then put the answer to an illegal use. It is illegal to use the information about certain characteristics in making a hiring or employment decision. Because of that, many, many people mistakenly believe that asking the question is illegal. It is not. What is illegal, is using the information in making the final decision. Common sense would indicate that if you don't ask the question, you can't be accused of using the information illegally. That does not make the question illegal if someone is foolish enough to ask it anyway.,

Federal law strongly discourages but does not out and out prohibit asking questions about arrests.

Neither North Carolina nor South Carolina has any laws at all, either pro or con, relating to asking about either arrests or convictions.

There ARE states where asking about arrests IS illegal. Neither NC or SC is among them.

 

[MonarchX]

Since you are unable to supply the links requested, I'll explain to you why.

There are next to no illegal questions. At the Federal level, the only one I can think of relates to disability. It is entirely possible to ask a legal question and then put the answer to an illegal use. It is illegal to use the information about certain characteristics in making a hiring or employment decision. Because of that, many, many people mistakenly believe that asking the question is illegal. It is not. What is illegal, is using the information in making the final decision. Common sense would indicate that if you don't ask the question, you can't be accused of using the information illegally. That does not make the question illegal if someone is foolish enough to ask it anyway.,

Federal law strongly discourages but does not out and out prohibit asking questions about arrests.

Neither North Carolina nor South Carolina has any laws at all, either pro or con, relating to asking about either arrests or convictions.

There ARE states where asking about arrests IS illegal. Neither NC or SC is among them.

http://www.usatoday.com/careers/resources/interviewillegal.htm

http://hr.uchicago.edu/employment/employment_guide/docs/illegal questions.doc

http://www.stat.washington.edu/jobs/questions/

http://hr.albany.edu/content/legalqtn.asp

http://www.pomona.edu/cdo/students/interview/illegal.shtml

And of course

http://www.sc.edu/career/Pdf/illegalquest.pdf

 

[eerelations]

I don't understand - if you already know the law on this topic, why are you asking about it here? If you just want to know why this organization is asking illegal questions, well, since we're not the organization, how the heck are we gonna know? That's like asking why Mr. Joe Thief robbed a bank - since we're not him, and since we aren't mindreaders, how are we gonna know what specific reasons he had for robbing a particular bank?

 

[MonarchX]

I don't understand - if you already know the law on this topic, why are you asking about it here? If you just want to know why this organization is asking illegal questions, well, since we're not the organization, how the heck are we gonna know? That's like asking why Mr. Joe Thief robbed a bank - since we're not him, and since we aren't mindreaders, how are we gonna know what specific reasons he had for robbing a particular bank?

Well... maybe there is a way to sue the company based on the fact that a candidate is required to answer those questions to be processed.

But then...we're talking Bank of America and JP Morgan. I'm sure they have top corporate lawyers.

 

[las365]

Sue them for what? Asking a question that you don't want to answer because you made a bad decision as a minor and got caught? It sounds like you haven't even submitted an application. How can they make an illegal hiring decision when you don't even apply for the job? You have no damages.

You have been told that asking the question is not illegal. You apparently wanted someone to tell you that it was okay to lie if you didn't like the question. Well, it isn't.

If you have such an inability to take responsibility for your actions, admit a mistake and say you did what was required under the law and learned from it, you are too immature to hold a position of any responsibility, in my opinion.

 

[MonarchX]

Sue them for what? Asking a question that you don't want to answer because you made a bad decision as a minor and got caught? It sounds like you haven't even submitted an application. How can they make an illegal hiring decision when you don't even apply for the job? You have no damages.

You have been told that asking the question is not illegal. You apparently wanted someone to tell you that it was okay to lie if you didn't like the question. Well, it isn't.

If you have such an inability to take responsibility for your actions, admit a mistake and say you did what was required under the law and learned from it, you are too immature to hold a position of any responsibility, in my opinion.

Answers I got here aren't the same I am getting from other valid sources (such as professionals who deal with this matter). I just like to get as many answers as possible and find the truth of the matter.

If a company feels that they are above policies and rules and REQUIRE you to answer an improper question then they also behave irresponsibly as well, and my certificate of completion of the ADP states that the record is not publicly available.

Asking me that question is not any different than asking if I am black, white, or Hispanic (which the company also does!!!). Are you really that naive and think they don't base their judgment based on race? You have no way to prove that they didn't hire you because you were black if you were forced to submit an application that required you to state your race.

They are just as dishonest as my answer to them. In fact, its not a lie, its an arguable subject "Is ADP the same as PTI?" Could be YES and could be NO, depends on your viewpoint.

 

[eerelations]

Well... maybe there is a way to sue the company based on the fact that a candidate is required to answer those questions to be processed.

So you're not actually looking for a job, you're looking for a lawsuit! Now I understand...

 

[eerelations]

Asking me that question is not any different than asking if I am black, white, or Hispanic (which the company also does!!!).

And that's legal!