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I need legal opinions - is this legal for an employer to ask???

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New Earth Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:15 PM
Original message
I need legal opinions - is this legal for an employer to ask???
Edited on Wed Dec-01-04 04:17 PM by Faye
I went to an interview on Friday at this lawyer's office.

His first question when i sat down for the interview was:

"So, the first thing i've been asking everyone lately - how do you feel about the outcome of the election? Are you excited, let down, neutral...?"

WTF? Isn't that basically asking me what political party I am affiliated with?

Is this legal? Aside from just being WRONG???? This was the FIRST question he asked.

My answer was "i really don't like to talk about that with people that i don't know".

He then proceeded to keep me there for about an hour and half, obviouslly to feel me out to see if i was liberal or conservative. By the end of the interview, he had me convinced that i had the job, he wanted to sleep on his decision and he'd call me in the morning. HE NEVER CALLED.

:eyes:
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Worst Username Ever Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:16 PM
Response to Original message
1. That is most definitely illegal
you would need to find others who have experienced this job interview and you could get a class action.
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Dr Batsen D Belfry Donating Member (650 posts) Send PM | Profile | Ignore Wed Dec-01-04 04:18 PM
Response to Reply #1
4. Not sure if suing a lawyer
or firm is the best way to go when you are applying to law firms. Not to mention, assuming the asshole is a right winger, good luck getting a verdict against him/her

DBDB
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NVMojo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:17 PM
Response to Original message
2. Call your state labor board!
this is disgusting!!! No matter what party affiliation!
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Ima Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:17 PM
Response to Original message
3. They
Edited on Wed Dec-01-04 04:19 PM by Ima
can ask anything they want. But they shouldn't discriminate because of the answers.
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Tempest Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:50 PM
Response to Reply #3
19. No they can't
There are strict (strict before Boosh anyway) laws on what employers can and can't ask during a job interview.

Questions related to politics are prohibited.
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AllegroRondo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:20 PM
Response to Original message
5. Standard answer
"what does that have to do with the job?"
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:26 PM
Response to Reply #5
9. Or"I don't think the workplace is the appropriate setting to discuss.....
politics or religion"
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New Earth Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:20 PM
Response to Original message
6. he also snuck in getting my age
deducting from what year i graduated high school. i thought i heard they had no right to know your age until you are hired?
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Worst Username Ever Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:24 PM
Response to Reply #6
7. That one I'm not sure.
I think a lot of apps require a b-date and SSN... that one may be a state-by-state law...
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seafey Donating Member (204 posts) Send PM | Profile | Ignore Wed Dec-01-04 04:31 PM
Response to Reply #7
12. No, they can't ask birthdate on apps.......
At least in Nevada and Louisiana. Age discrimination. They do ask SSN, and some even run your credit!!!!!!! That makes me furious!
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dryan Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:24 PM
Response to Reply #6
8. This nitwit....
needs a lesson in EEOC law. Call the Bar Association and ask for advice.
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AllegroRondo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:52 PM
Response to Reply #6
20. all they can ask about age
is whether you are 18 or older.
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gollygee Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:26 PM
Response to Original message
10. I am very pissed off for you!
AAAAAAAAAAAAARRRRRRRRRGGGGGHHHHHHH!!!
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seafey Donating Member (204 posts) Send PM | Profile | Ignore Wed Dec-01-04 04:29 PM
Response to Original message
11. I would think it's illegal- if not, it certainly pushes the envelope.
It's *definitely* illegal to ask something that would reveal your age!!!

The way I look at that kind of thing is 'WHEW- at least you're not going to have to work THERE!'

I had an interview once where at the end, the guy asked me what the latest NON-fiction book I'd read was. I should have said "the phone book." But it happened to be "Stupid White Men". The interviewer was Middle Eastern, but I still didn't want to say. I told him I'd rather not answer, but I was cracking a smile thinking of what it was. Then I got self-conscious about laughing, like maybe he thinks it's something really bad, so I spilled it! He also got me to reveal I have a child, but it was subtle. I was unprepared for those kinds of questions- I was totally prepared to talk tech, but I was not expecting to be tripped up on personal matters, so... I'm not very slick. Gotta work on that! (I didn't get the job.)
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blondeatlast Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:35 PM
Response to Original message
13. He might want to know how you feel about the so-called "tort reform."
If they handle civil cases, that may be something of serious concern for them. A BushBot is likely to support it, whereas those on the left are pretty unanamously opposed to it.

It's a tough call, but I wouldn't rule the above scenario out.
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Sanity Claws Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:37 PM
Response to Original message
14. not illegal
Re: party affiliation
Offensive to ask, yes.
Illegal, no.

In this country, employment is at will. The employer is free to hire and fire for no good reason, just can't do it for an illegal reason. Party affiliation is not a protected class.
There might some exceptions to this regarding public sector employment, but not private sector employment.

Someone referred to age being asked.
That is an illegal question. Making a hiring determination based on whether a person is or is not over the age of 40 is illegal.
However, try proving that age was the determinative factor in deciding whether you as opposed to someone else was hired. Not easy.
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New Earth Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:37 PM
Response to Original message
15. wow, i'm finding more illegal questions that he asked
i just found a site on illegal interview questions: asking age, political affiliation, childcare arrangements!!!! (i had no idea that was considered illegal!), am i married, etc etc OMG look at this shit!!!

http://www.jobcircle.com/career/articles/x/njtc/3095.xml

he asked almost all of these questions.
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JimmyJazz Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:44 PM
Response to Reply #15
16. Jeez - he forgot to ask if you are planning on becoming
pregnant soon - otherwise, he'd have hit on the complete collection!

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blondeatlast Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:49 PM
Response to Reply #15
17. That's a good site to have handy--thanks! nt
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Sanity Claws Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:49 PM
Response to Reply #15
18. Be careful
Edited on Wed Dec-01-04 04:50 PM by in search of sanity
That's a New Jersey web page. I can tell you that in Washington state, it is not illegal to ask political affiliation for a private sector job.

Whether a person is married is illegal under many state laws, including Washington state.
Aeguably it may be prohibited by Title VII (federal) if this question is used to discriminate against women. (Gender is a protected status.)
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Phx_Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 04:55 PM
Response to Reply #15
21. Sometimes it's how you ask the question
You can't ask an applicant if they have any health problems but you can ask them whether they can lift x number of pounds and work on their feet all day for example. You can't ask them whether or not they own a car but you can ask them if they have a reliable way to get to and from work. You can't ask them if they have a driver's license but you can ask them (and in this case required) if they have poof of citizenship.
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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-04 05:26 PM
Response to Original message
22. The proper response id "Why do you ask?" In a law firm,
depending on the practice, it might be relevent to the clients the firm represents (local government, etc. who knows?).

Having said that, law firms and staffing companies are the WORST when it comes to illegal questions , IMHO, and both should know better...
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