In yesterday’s Advisor, we looked at impermissible preemployment inquiries. Today we’ll look at more inquiries that you may not have realized you need to avoid.
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Persons to Notify in Case of Emergency
Questions should not be asked about the names and addresses of a job applicant’s relatives. Such inquiries may lead to information related to an applicant’s marital status, domestic partnership status, national origin, or other protected characteristics. After an employee is hired, an employer may ask for the name and address of a person to be notified in case of an emergency.
Pregnancy
The federal Pregnancy Discrimination Act prohibits discrimination in employment against pregnant women. Employers should not ask female applicants if they are pregnant.
Gender, Family Status, and Family Plans
Title VII prohibits discrimination in employment based on gender, and some states prohibit discrimination based on marital status or familial status. Questions regarding a female employee’s family or family plans may be used as evidence of gender discrimination and should be avoided, as should any inquiry that would reveal an applicant’s marital status or childcare arrangements. While questions about childcare arrangements should not be asked, it is proper to ask about an applicant’s ability to meet required work schedules.
A best practice is to limit inquiries to job functions, such as, “This job requires extensive overnight travel. Will it be possible for you to comply with this requirement?”
Domestic Partnership
Many states have enacted statutes that prohibit employment discrimination based on domestic partnership status. Therefore, any inquiry concerning an applicant’s living arrangements should be carefully avoided. Any information garnered from an individual that is related to domestic partnership status should be kept in a confidential file.
Military Service
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination in hiring or employment against veteran applicants or employees (38 USC Sec. 3801et seq.). Questions that an employer should not ask are:
- Applicant’s military experience in other than the U.S. armed forces.
- National Guard or reserve units of applicant.
- Draft classification or other eligibility for military service.
- Applicant’s whereabouts 1941–1945, 1950–1953, 1964–1973, or other time periods covering military action.
- Any inquiry regarding the type of discharge or any non-job-related inquiry. This protection also extends to witnesses who assist or testify in a USERRA investigation.
- Best practice: Questions may be asked about education or experience gained in the military that relates to specific job duties.
(The materials above taken from HR.BLR.com®.)
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Couple questions relative to military service and social security numbers. Recently, I applied for county and a couple of other online local and state positions. It requested date of birth, rank, dates of high school and college graduation, and drivers license numbers.
Question…are these legal questions to ask or is an indicator of disparate impact?