religion discrimination

[BelizeBreeze]

Besides, you can always change your hair color. I have.

many many times

 

[BelizeBreeze]

I don't have a bone. I'm a gal.

Again, it's not about you. Simply put, what you do not find offensive others will. And your personal bias has no place in the workplace.

Driving a taxi doesn't appeal to me. I'll stick to my HR profession, thanks.

Then learn to do it correctly.

 

[mitousmom]

Besides, you can always change your hair color. I have.

Yes, but that's your choice. If specifying a specific hair color for employment has a disparate impact on a protected group, the employer is going to have to show business necessity for the requirement not to run afoul of the federal EEO laws.

 

[BelizeBreeze]

Yes, but that's your choice. If specifying a specific hair color for employment has a disparate impact on a protected group, the employer is going to have to show business necessity for the requirement not to run afoul of the federal EEO laws.

You mean like a 400 lb 85 year-old woman with spiked (two feet in the air) green hair with a nose ring and tats of neeked women for someone applying for a job in a weightloss spa????

 

[mitousmom]

You mean like a 400 lb 85 year-old woman with spiked (two feet in the air) green hair with a nose ring and tats of neeked women for someone applying for a job in a weightloss spa????

Is there a point somewhere in all of that? I don't see the relevance of the statement to the discussion. As usual your brand of humor is lost on me.

 

[fairisfair]

Is there a point somewhere in all of that? I don't see the relevance of the statement to the discussion. As usual your brand of humor is lost on me.

entertainment value

 

[BelizeBreeze]

Is there a point somewhere in all of that? I don't see the relevance of the statement to the discussion. As usual your brand of humor is lost on me.

So, you would not think that my example falls under the heading of "obese" and that it may be a protected class for this individual? tsk tsk

 

[Ohiogal]

Sorry, I don't get the distinction. Hair color is like height or a high school degree. They are neutral factors or requirements, that can have a disparate impact based on the characteristics of a particular race or national origin.

I was responding to this comment by you:
The same argument might be made about brunettes and blondes, to the extent that they exclude members of races or national origins who disproportinately have black or dark brown hair.


The idea is it is not the hair color but rather the ethnicity that is the discriminatory factor. Though some hair colors are linked disproportionately to ethnicities.

 

[JETX]

It is not appropriate to ask a job applicant where they were born.

Why not?? There is NOTHING illegal or improper about asking that question. If you think it inappropriate, provide a link or citation to the statute that you feel supports your position.
Of course, we don't expect you to... because there isn't one.

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.

Agreed, but you would have to PROVE that you were discriminated against because of your answer.... not that the question was asked.

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.

And it doesn't matter one iota what you 'construe'....

My sister's boyfriend was born in Afghanistan, and people look at him differently when they learn that.

And of course, that is crap.... largely in the perception and self-consciousness of the individual.

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 if this person reports to you as you suggest, you can certainly 'advise' them on what not to ask... but that doesn't make the question wrong or illegal.

 

[janimal]

Go through the most basic of course regarding interviewing, and you will likely be handed a list of questions NOT to ask.
You'll see questions inquiring about age, gender, disability, race, sexual orientation, national origin, religion, and past workers compensation claims on the "stay away from these" list. And you would uniformly see the question "where were you born" as a question not to ask. Inquiring about a candidate's national origin is not appropriate in an interview, because it is not criteria to ever be considered when making an employment decision.

But you know what? I bet we are not going to get onthe same page about this. So I wish y'all well and respectfully agree to disagree.

 

[BelizeBreeze]

Go through the most basic of course regarding interviewing, and you will likely be handed a list of questions NOT to ask.
You'll see questions inquiring about age, gender, disability, race, sexual orientation, national origin, religion, and past workers compensation claims on the "stay away from these" list. And you would uniformly see the question "where were you born" as a question not to ask. Inquiring about a candidate's national origin is not appropriate in an interview, because it is not criteria to ever be considered when making an employment decision.

But you know what? I bet we are not going to get onthe same page about this. So I wish y'all well and respectfully agree to disagree.

and this is why you are looking for a job and I own the company.

 

[mitousmom]

I think most of us acknowledge that some questions, even though not illegal, are ill-advised and don't provide an interviewer with the information he or she needs to evaluate the applicant for the job for which the applicant is being considered. An interviewer asks them at his/her own peril. And, prudent employers may carefully proscribe the questions to be asked of an applicant.

 

[BelizeBreeze]

I think most of us acknowledge that some questions, even though not illegal, are ill-advised and don't provide an interviewer with the information he or she needs to evaluate the applicant for the job for which the applicant is being considered. An interviewer asks them at his/her own peril. And, prudent employers may carefully proscribe the questions to be asked of an applicant.

There are also certain questions, the phrasing and exact way they are asked, that are intended to elicit a response (either good, bad or indifferent) so that SOME (now, I wonder who he's talking about) employers can judge how the prospective employee will 'fit in' with the existing infrastructure.

 

[cbg]

There is a difference between questions that should not be asked, and questions that CANNOT be asked. The fact that some institutions have posted website saying the SHOULD NOT be asked, does not make asking them illegal.

And I am also a 25 year HR professional, and I was also born outside this country.

 

[janimal]

cbg & mitousmom, I'm on the same page. I didn't say the question was illegal, but that I would coach NOT to ask it.