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Old 04-24-2012, 05:54 AM   #1 (permalink)
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Isn't This Illegal

Whatshisname was filling out a job application for a job with one of Virginia's counties. He would actually be employed by the county. The application contained questions such as: Marital status, date of birth, and disability.

Aren't those questions illegal?
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Old 04-24-2012, 06:51 AM   #2 (permalink)
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"illegal" - you don't "have" to answer... at least it's like that here.
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Old 04-24-2012, 07:07 AM   #3 (permalink)
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I don't know if it's illegal or not, the reasons I figured where:

Marital: Since most companies allow for you to put the spouse on to your insurance policy (many times *at discounted cost to the one being employed*), I always figured that was the reason.

Birth date: To make sure you are the legal age to work since applications are often dropped off with another employee and not the hiring staff.

Disability: In theory, to make sure you are not applying for something you are not capable of doing and also for future workers compensation issues (I call it bogus and more along the lines of using it as a litmus test for hiring, which I think IS illegal but that's what I always figured the reason for asking was)
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Old 04-24-2012, 07:38 AM   #4 (permalink)
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In the UK it is common to ask about disability so that if you get to the interview stage they can take that into account to make sure the questions, access and other aspects are fair.
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Old 04-24-2012, 07:57 AM   #5 (permalink)
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I don't think they're illegal, but there are some questions you can choose not to answer. Basing whether or not you get hired on your answers to those questions can be illegal. But proving that those answers are the reasons you didn't get hired is the hard part.
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Old 04-24-2012, 07:57 AM   #6 (permalink)
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Is it actually unlawful to ask such questions, or merely ill-advised since asking them may expose you to legal action alleging discrimination on the grounds of disability, marital status or whatever?
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Old 04-24-2012, 08:24 AM   #7 (permalink)
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What You Can Ask and What You Can’t – Legal/Illegal Interview Questions :

http://www.admin.mtu.edu/hro/forms/w...rsionmay05.pdf
I don't know if this is nationwide, however
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Old 04-24-2012, 08:48 AM   #8 (permalink)
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virginia.
west virginia
north Carolina.
south Carolina.
Tennessee.

KKK double plus get hired instantly.
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Old 04-24-2012, 12:13 PM   #9 (permalink)
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The disability thing, when the government is the employer, could be for thr opposite reason, ifthey're keeping statistics on hiring practices. Additionally, I know that the federal government has various programs to give priority to disabled applicants (presumably because they face discrimination in private employment, which is fairly obvious), but dunno about the local governments.

As for birthdate, I'd think they'd need that for basic identity stuff, making sure you're legally employable, criminal background check, etc.
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Old 04-24-2012, 01:06 PM   #10 (permalink)
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I have never had to put my birth date or marital status on any job application. I've had to check boxes that say I'm over 18 and legally eligible for employment in the United States, but never my exact date of birth. That always came later when filling out insurance forms and such.

He wasn't sure what to put for his marital status because right now he's single, but that won't be the case after the end of July.
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Old 04-24-2012, 05:21 PM   #11 (permalink)
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date of birth is actually required for identity verification to social security which all jobs are required to report wages to.

marital status may be required for insurance benefits, but I believe it's optional and can be reported later.

disability however is definitely an optional question, but is asked for compliance with ADA... you don't have to claim any IF it won't affect to your ability to fulfill the jobs requirements.
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