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Just because I am posting these article here, doesn't mean I agree with them.
My problem is that probably 99.999 percent of the laws passed at the Federal level are unconstitutional. And no that isn't a typo. I said 99.999% of the laws passed at the Federal level are probably unconstitutional and I mean it. It's illegal to ask a person if they can do the job????It's illegal to ask a person if they have medical conditions that prevent them from doing the job???I didn't make that up. This article says that is true per the "Americans with Disabilities Act" With that in mind, it's a wonder more people aren't exercising their Second Amendment rights to get rid of government tyrants who pass all these silly, unconstitutional laws, not to make America a better place to live, but to pay back the special interest groups that helped them get elected. Off-base interview questions By Jeanine “J.T.” O’Donnell and Dale Dauten King Features Sat May 18, 2013 4:07 PM I went on an interview, and the male interviewer seemed more interested in my personal life than in my experience. He asked if I was married, how many kids did I have, my age, on and on. I felt he was screening more for a potential date than an employee. What’s the best way to deal with illegal questions? J.T.: It’s unfortunate, but just because people own a business or run a department doesn’t mean they understand proper hiring practices, especially in small businesses, where there is no trained HR staff. Next time, follow your gut. I’m sure there was an alarm going off in your head, saying: “This isn’t right! Don’t work here!” Then, simply say, “I’m sorry, but I’m not sure how my family status affects this job — could you explain why these questions are relevant to the position?” You should expect a surprised and possibly miffed reaction, but it will ensure that the interview will end quickly. You then have the option of filing a complaint with the EEOC. Dale: It’s interesting to note that the questions about family would be quite acceptable in almost any other social situation. So I asked our favorite employment attorney, Scott Gordon of Rodey Law in Albuquerque, to look at Nikki’s question and help with the drawing of lines. Scott: In this case, small talk can be big trouble. By now, most employers realize that they shouldn’t ask an applicant’s age during a job interview. Many employers don’t realize that asking about a job applicant’s marital status or caregiver obligations also can get them into trouble, particularly if they ask women only. The effect can be to suggest, “If you’re a single mom with school-age kids, you can’t do this job as well as a married man with a stay-at-home wife.” J.T.: Is there a simple rule you suggest that employers follow? Scott: If the question isn’t job-related, don’t ask it. Dale: So an employer could ask, “This job requires loading 50-pound barrels onto trucks — will that be a problem?” Scott: Yes, the interviewer is allowed to state the physical requirements of the job and ask whether the applicant can perform those duties. However, the Americans with Disabilities Act prohibits an interviewer from asking an applicant disability-related questions. So, before a job offer is made, it would be illegal to ask an applicant if she has any medical conditions that might affect her ability to perform the job. J.T.: The difference being that asking about medical conditions is asking personal questions. So the rule still applies: If it isn’t job-related, don’t ask. Thank you, Scott. Contact J.T. and Dale at jtanddale.com.
Law says what former employers may discloseQuestions on employment law???Have a question? Send it to Ask the ExpertsSource Law says what former employers may disclose By John J. Balitis Fennemore Craig Sat May 11, 2013 5:19 PM What kind of information is a former employer allowed to reveal to a prospective employer? After an interview process with a potential employer, the company practically guaranteed me getting hired. But later, the HR person called and told me that they were not going to hire me and indicated the decision was made after contacting my previous employer — with whom I had personal differences that led to my departure. I have not committed any illegal act and my performance reviews have been positive. Can my former bosses ruin my chances of getting hired by personally criticizing me to other companies? Arizona’s blacklisting statute regulates what information employers may disclose about employees and former employees. Under the statute, certain employers are immune from liability for communicating to prospective employers, in good faith, truthful information about a former employee’s education, training, experience, qualifications and job performance. They also are immune from liability for disclosing, in good faith, the reason for terminating a former employee, as well as his or her professional conduct or evaluations. These disclosures are presumed to be in good faith if the disclosing employer has less than 100 workers or, if larger, has a regular practice of making such disclosures. The presumption of good faith in the statute is rebuttable by showing that the employer disclosed the information with actual malice or with the intent to mislead. For the purposes of the statute, actual malice means knowledge that the information was false or was provided with reckless disregard of its truth or falsity. If you can rebut the presumption that your former employer disclosed information about you in good faith, you then may have a claim against the former employer for defamation or interfering with your prospective employment relationship. Notwithstanding the protection that the blacklisting statute affords to employers, many businesses will direct all requests from prospective employers to be handled by human-resources personnel, who will provide only a neutral reference, such as the dates of employment. Employers that follow neutral reference policies consistently naturally reduce their risk of liability to former workers. — Compiled by Georgann Yara |