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SpelledBackwards
Jan 7, 2001

I found this image on the Internet, perhaps you've heard of it? It's been around for a while I hear.

EAT FASTER!!!!!! posted:


This bullshit about "can't ask about whether I live or have a car"

Whew, I was worried I couldn't ask candidates if they were alive or not. For our company, living is a vital quality for being able to perform the job duties as described.

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Scudworth
Jan 1, 2005

When life gives you lemons, you clone those lemons, and make super lemons.

Dinosaur Gum

SpelledBackwards posted:

Whew, I was worried I couldn't ask candidates if they were alive or not. For our company, living is a vital quality for being able to perform the job duties as described.

Oh no vampires huh? I SEE.

epic bird guy
Dec 9, 2014

EAT FASTER!!!!!! posted:

According to Title 7 of the CRA of 1964, federally protected classes include race, color, religion, sex and national origin. Age and disability were specifically added by later individual statutes. Some states add language specifically relating to sexual orientation/gender status. You're also protected from discrimination on the basis of family responsibilities because of the equal pay amendment.

Unless you can make the case that your status is a protected class of the variety discussed above (I'm looking at you, poverty), it's not illegal for employers to discriminate against you. Felons, for instance, aren't a "protected class" from discrimination so long as you're not ALSO specifically discriminating by race (or some wonky state law prevents discrimination by felony status).

I can ask you how you got to the interview, and then when you tell me you don't have a car and have to take the bus every day, make the decision not to hire you on that basis. I can ask where you live and make the decision not to hire you on that basis, provided my decision can't be framed as being explicitly racist.

This bullshit about "can't ask about whether I live or have a car" has literally no basis in reality, and people are readily discriminated against for socioeconomic status every single day with zero legal ramifications.

Sex? National origin? You have a case, and a discrimination attorney will HAPPILY dive in.

This makes a lot more sense to me than what was previously being discussed.

Also, anyone interviewing you who took 3 seconds to look at your resume already has your address right there.

22 Eargesplitten
Oct 10, 2010



Or you just don't put your address on your resume, which I started doing when I was trying to move cross-country.

Jake Mustache
Feb 7, 2017
If your group buy on the snake house falls through you could always go in for the mysterious unpaying tenant house.

http://www.foxnews.com/us/2017/05/09/nightmare-house-zillow-listing-tells-buyers-dont-ask-about-mysterious-occupant-upstairs.html

quote:

Should someone buy the home in Cayce, a city near Colombia, the listing says that person assumes responsibility for the tenant upstairs.

It specifically states: "Upstairs apartment cannot be shown under any circumstances. Buyer assumes responsibility for the month-to-month tenancy in the upstairs apartment. Occupant has never paid, and no security deposit is being held, but there is a lease in place. (Yes, it does not make sense, please don't bother asking.)"

Jeffrey of YOSPOS
Dec 22, 2005

GET LOSE, YOU CAN'T COMPARE WITH MY POWERS

22 Eargesplitten posted:

Or you just don't put your address on your resume, which I started doing when I was trying to move cross-country.
Yeah if it's worrying you, do this at least.

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

Jake Mustache posted:

If your group buy on the snake house falls through you could always go in for the mysterious unpaying tenant house.

http://www.foxnews.com/us/2017/05/09/nightmare-house-zillow-listing-tells-buyers-dont-ask-about-mysterious-occupant-upstairs.html

Sounds like the Phantom of the Opera has come down a little in the world.

EAT FASTER!!!!!!
Sep 21, 2002

Legendary.


:hampants::hampants::hampants:

SpelledBackwards posted:

Whew, I was worried I couldn't ask candidates if they were alive or not. For our company, living is a vital quality for being able to perform the job duties as described.

All of this employment law also makes exceptions for "business necessity" which is why you can argue not hiring pregnant women into lead paint factories, for instance.

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...

EAT FASTER!!!!!! posted:

This bullshit about "can't ask about whether I live or have a car" has literally no basis in reality, and people are readily discriminated against for socioeconomic status every single day with zero legal ramifications.

Sex? National origin? You have a case, and a discrimination attorney will HAPPILY dive in.

"Hmm, the candidate's address puts them in Little Somalia, better take a miss on that one since they might not 'align with our values'"

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time
I don't know about hiring but I do know that in lending you can't exclude people based on thier neighborhood if it is in your service area and you can't design your service area such that it excludes poor and minority neighborhoods.

therobit fucked around with this message at 15:19 on May 10, 2017

brugroffil
Nov 30, 2015


EAT FASTER!!!!!! posted:

According to Title 7 of the CRA of 1964, federally protected classes include race, color, religion, sex and national origin. Age and disability were specifically added by later individual statutes. Some states add language specifically relating to sexual orientation/gender status. You're also protected from discrimination on the basis of family responsibilities because of the equal pay amendment.

Unless you can make the case that your status is a protected class of the variety discussed above (I'm looking at you, poverty), it's not illegal for employers to discriminate against you. Felons, for instance, aren't a "protected class" from discrimination so long as you're not ALSO specifically discriminating by race (or some wonky state law prevents discrimination by felony status).

I can ask you how you got to the interview, and then when you tell me you don't have a car and have to take the bus every day, make the decision not to hire you on that basis. I can ask where you live and make the decision not to hire you on that basis, provided my decision can't be framed as being explicitly racist.

This bullshit about "can't ask about whether I live or have a car" has literally no basis in reality, and people are readily discriminated against for socioeconomic status every single day with zero legal ramifications.

Sex? National origin? You have a case, and a discrimination attorney will HAPPILY dive in.

There are state employment laws to consider too, though.

BonerGhost
Mar 9, 2007

brugroffil posted:

There are state employment laws to consider too, though.

True, but those are terribly fragmented. Someone can't make a blanket statement saying that a question is safe or forbidden when it comes to those.

Dwight Eisenhower
Jan 24, 2006

Indeed, I think that people want peace so much that one of these days governments had better get out of the way and let them have it.

Scudworth posted:

Oh no vampires huh? I SEE.

Look I don't care if you're a blood sucking creature of the night. What you do on your own time is your business.

Just don't feed on your coworkers.

Cold on a Cob
Feb 6, 2006

i've seen so much, i'm going blind
and i'm brain dead virtually

College Slice

Dwight Eisenhower posted:

Look I don't care if you're a blood sucking creature of the night. What you do on your own time is your business.

Just don't feed on your coworkers.

*Doesn't apply to management hires.

Tiny Brontosaurus
Aug 1, 2013

by Lowtax

EAT FASTER!!!!!! posted:

According to Title 7 of the CRA of 1964, federally protected classes include race, color, religion, sex and national origin. Age and disability were specifically added by later individual statutes. Some states add language specifically relating to sexual orientation/gender status. You're also protected from discrimination on the basis of family responsibilities because of the equal pay amendment.

Unless you can make the case that your status is a protected class of the variety discussed above (I'm looking at you, poverty), it's not illegal for employers to discriminate against you. Felons, for instance, aren't a "protected class" from discrimination so long as you're not ALSO specifically discriminating by race (or some wonky state law prevents discrimination by felony status).

I can ask you how you got to the interview, and then when you tell me you don't have a car and have to take the bus every day, make the decision not to hire you on that basis. I can ask where you live and make the decision not to hire you on that basis, provided my decision can't be framed as being explicitly racist.

This bullshit about "can't ask about whether I live or have a car" has literally no basis in reality, and people are readily discriminated against for socioeconomic status every single day with zero legal ramifications.

Sex? National origin? You have a case, and a discrimination attorney will HAPPILY dive in.

Neighborhood is frequently a pretty good way to figure out someone's national origin and sometimes their sexual orientation, smugass. If you're a bigot, you're not allowed to burrow around for the bigotry fodder you're looking for. Any questions you use to do that are wrong and will be evidence in the case against you.

Shame Boy
Mar 2, 2010

Tiny Brontosaurus posted:

Neighborhood is frequently a pretty good way to figure out someone's national origin and sometimes their sexual orientation, smugass. If you're a bigot, you're not allowed to burrow around for the bigotry fodder you're looking for. Any questions you use to do that are wrong and will be evidence in the case against you.

Really because I'm pretty sure that's used to do exactly that all the time with zero repercussions since it's basically impossible to prove discrimination even when it happens directly let alone via sly loopholes.

Like it's not right and you probably shouldn't do it if you're at all a good person but it'd be super hard to prove if it went to court.

ohgodwhat
Aug 6, 2005

There's moral reasons you shouldn't ask those questions but also practical reasons - even if the outcome in court is likely to be in your favor whether or not you were bigoted, your employer doesn't want to pay for lawyers either. Why pay more for a lawyer when you can just make it policy to not ask questions that would lead to sticky situations? Sure, lots of places don't have such policies and lots of places are also incompetently managed...

EAT FASTER!!!!!!
Sep 21, 2002

Legendary.


:hampants::hampants::hampants:

ate all the Oreos posted:

Really because I'm pretty sure that's used to do exactly that all the time with zero repercussions since it's basically impossible to prove discrimination even when it happens directly let alone via sly loopholes.

Like it's not right and you probably shouldn't do it if you're at all a good person but it'd be super hard to prove if it went to court.

Employment discrimination law is actually really enthusiastic about siding with the individual filing a complaint, provided you can show discrimination on the basis of your protected class (there are rules that dictate that the burden of proof falls on employers to prove their practices aren't discriminatory, for instance). Which is so wild that stuff like discrimination based on gender still happens, because if anyone who didn't get a job were to file a complaint, the assessment (and the clear pattern of not interviewing female applicants and then hiring very few of those) would be incredibly difficult for the business to defend.

Again however, unless you're discriminating against a legally protected class, businesses are basically given carte blanche to hire employees however they see fit. If you can prove you don't hire anyone from poor neighborhoods (natives and immigrants alike, all races) you're free to do so. Doubly so if you can provide some hand-waving argument about how your business needs "the right kind of people."

I'm not saying this is fair or right, but it's how the law works.

H110Hawk
Dec 28, 2006

Ornamented Death
Jan 25, 2006

Pew pew!

Tiny Brontosaurus posted:

An interviewer once noticed my cell phone's area code (which was for the city we were in, but not that exact neighborhood) and demanded to know where I lived, and told me not living in the same neighborhood as the office was a dealbreaker. The neighborhood was comprised exclusively of multi-million-dollar homes and luxury condos, and the position paid $32k a year.

Tiny Brontosaurus posted:

Neighborhood is frequently a pretty good way to figure out someone's national origin and sometimes their sexual orientation, smugass. If you're a bigot, you're not allowed to burrow around for the bigotry fodder you're looking for. Any questions you use to do that are wrong and will be evidence in the case against you.

Ok then how did you do in the settlement for the lawsuit you obviously filed against that interviewer, since they were so obviously breaking the law?

pr0zac
Jan 18, 2004

~*lukecagefan69*~


Pillbug

EAT FASTER!!!!!! posted:

According to Title 7 of the CRA of 1964, federally protected classes include race, color, religion, sex and national origin. Age and disability were specifically added by later individual statutes. Some states add language specifically relating to sexual orientation/gender status. You're also protected from discrimination on the basis of family responsibilities because of the equal pay amendment.

Unless you can make the case that your status is a protected class of the variety discussed above (I'm looking at you, poverty), it's not illegal for employers to discriminate against you. Felons, for instance, aren't a "protected class" from discrimination so long as you're not ALSO specifically discriminating by race (or some wonky state law prevents discrimination by felony status).

I can ask you how you got to the interview, and then when you tell me you don't have a car and have to take the bus every day, make the decision not to hire you on that basis. I can ask where you live and make the decision not to hire you on that basis, provided my decision can't be framed as being explicitly racist.

This bullshit about "can't ask about whether I live or have a car" has literally no basis in reality, and people are readily discriminated against for socioeconomic status every single day with zero legal ramifications.

Sex? National origin? You have a case, and a discrimination attorney will HAPPILY dive in.

This is just plain wrong. Asking about anything related to financial status including whether they have a car is illegal in an interview according to US Equal Employment Opportunity interviewing guidelines. Heres an easy to read PDF explaining what you can and cannot ask about in a interview: http://provost.wfu.edu/files/2010/07/EEO-Guidelines.pdf

The relevant section:

quote:

Financial Status
No acceptable pre-employment inquiries.
Inquiries about an applicant’s financial condition, home or car ownership (unless owning a car is required for the job) have been found to result in discrimination against minorities since more non-whites than whites are below the poverty level.

Ornamented Death
Jan 25, 2006

Pew pew!

pr0zac posted:

This is just plain wrong. Asking about anything related to financial status including whether they have a car is illegal in an interview according to US Equal Employment Opportunity interviewing guidelines. Heres an easy to read PDF explaining what you can and cannot ask about in a interview: http://provost.wfu.edu/files/2010/07/EEO-Guidelines.pdf

Relevant to the discussion at hand, employers can, in fact, ask for your address, they just can't ask if you rent or own. And if I'm reading this right, you can ask a woman if she plans to take time off for pregnancy (or any other reason), you just also have to ask men the same question.

Tiny Brontosaurus
Aug 1, 2013

by Lowtax

Ornamented Death posted:

Ok then how did you do in the settlement for the lawsuit you obviously filed against that interviewer, since they were so obviously breaking the law?

Tiny Brontosaurus posted:

Formal hiring bias studies frequently use fake resumes with similar qualifications, to see if resumes with ethnic or female names, or experience that indicates minority status (volunteering with your local mosque, etc), get weeded out. They always do.

To investigate a specific company the methods would depend on the resources available and the scale of the investigation. You can subpoena applications, and also interview hiring managers under oath. In this case someone asked a blatantly illegal question in front of witnesses, so it would be pretty cut-and-dried if the victim had the means to pursue it and wouldn't face repercussions for doing so. Unfortunately that's not the world we live in.

You utter loving moron. Rape's not prosecuted much either, so why not drag a girl behind the dumpsters on your way home tonight?

ranbo das
Oct 16, 2013


I find it hard to believe that they can't ask you if you rent or own because I know for a fact companies have different relocation packages based on whether you rent or own, and that said question comes up pre-offer and even pre-face to face interview.

Tiny Brontosaurus
Aug 1, 2013

by Lowtax

ranbo das posted:

I find it hard to believe that they can't ask you if you rent or own because I know for a fact companies have different relocation packages based on whether you rent or own, and that said question comes up pre-offer and even pre-face to face interview.

A job lofty enough to be offering relocation packages generally isn't hiring minorities to begin with. Nothing about the job hunting process is ever going to make sense to any of you if you refuse to think outside your high-skill, high-demand white collar bubble.

ChickenOfTomorrow
Nov 11, 2012

god damn it, you've got to be kind

ChickenOfTomorrow
Nov 11, 2012

god damn it, you've got to be kind

ChickenOfTomorrow
Nov 11, 2012

god damn it, you've got to be kind

ChickenOfTomorrow
Nov 11, 2012

god damn it, you've got to be kind

Ornamented Death
Jan 25, 2006

Pew pew!

Tiny Brontosaurus posted:

You utter loving moron. Rape's not prosecuted much either, so why not drag a girl behind the dumpsters on your way home tonight?

From the way you carry on that literally everything in the world is a conspiracy to keep minorities down, you should have had any number of non-profits lining up to foot your legal fees and/or a whole bunch of civic-minded lawyers ready to take the case on pro-bono (or on contingency).

Alternatively, you don't have the courage of your convictions to pursue these injustices and see that the guilty are punished, even when such injustices 100% directly affect you.

Or as a crazy third option, asking where someone lives is not, in and of itself, illegal and you knew, deep down, there was no case.

ChickenOfTomorrow
Nov 11, 2012

god damn it, you've got to be kind

ChickenOfTomorrow
Nov 11, 2012

god damn it, you've got to be kind

potatoducks
Jan 26, 2006
Noo.... no derail bird. I want to see if someone gets banned.

ChickenOfTomorrow
Nov 11, 2012

god damn it, you've got to be kind


???????

Tiny Brontosaurus
Aug 1, 2013

by Lowtax

Ornamented Death posted:

From the way you carry on that literally everything in the world is a conspiracy to keep minorities down, you should have had any number of non-profits lining up to foot your legal fees and/or a whole bunch of civic-minded lawyers ready to take the case on pro-bono (or on contingency).

Alternatively, you don't have the courage of your convictions to pursue these injustices and see that the guilty are punished, even when such injustices 100% directly affect you.

Or as a crazy third option, asking where someone lives is not, in and of itself, illegal and you knew, deep down, there was no case.

"Everything's okay as long as you don't get in trouble for it" - A Guy Super Mad Someone Dislikes Racism

potatoducks
Jan 26, 2006

Somebody fucked around with this message at 06:02 on May 11, 2017

pr0zac
Jan 18, 2004

~*lukecagefan69*~


Pillbug

ranbo das posted:

I find it hard to believe that they can't ask you if you rent or own because I know for a fact companies have different relocation packages based on whether you rent or own, and that said question comes up pre-offer and even pre-face to face interview.

All this is very specifically about use of the info in regards to a making hiring decision, so its possible they've got the part of the company thats asking for relocation reasons firewalled off from the hiring decision making part in a legally sound way.

If you read the wording from the EEO that would be possible: https://www.eeoc.gov/laws/practices/financial_information.cfm

quote:

Federal law does not prevent employers from asking about your financial information. But, the federal EEO laws do prohibit employers from illegally discriminating when using financial information to make employment decisions.

So basically a recruiter thats sorting out logistics and would be putting together the offer package can ask but anyone whos at all involved in deciding whether an offer would be made cannot.

ranbo das
Oct 16, 2013


Tiny Brontosaurus posted:

A job lofty enough to be offering relocation packages generally isn't hiring minorities to begin with. Nothing about the job hunting process is ever going to make sense to any of you if you refuse to think outside your high-skill, high-demand white collar bubble.

The guy in question is from Puerto Rico and only moved to the continental US for college. He's definitely a minority. And if it's illegal for low skill positions, it would be illegal for high skill positions too :v:


pr0zac posted:

All this is very specifically about use of the info in regards to a making hiring decision, so its possible they've got the part of the company thats asking for relocation reasons firewalled off from the hiring decision making part in a legally sound way.

If you read the wording from the EEO that would be possible: https://www.eeoc.gov/laws/practices/financial_information.cfm


So basically a recruiter thats sorting out logistics and would be putting together the offer package can ask but anyone whos at all involved in deciding whether an offer would be made cannot.

That actually makes sense and is exactly how they do it (person putting together the offer has no say in hiring and vice versa)

Ornamented Death
Jan 25, 2006

Pew pew!


I am very concerned about this bird and hope he got a cool 3D-printed prosthetic beak.

UPDATE: HE DID!

Somebody fucked around with this message at 06:03 on May 11, 2017

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Koalas March
May 21, 2007



Ornamented Death posted:

From the way you carry on that literally everything in the world is a conspiracy to keep minorities down, you should have had any number of non-profits lining up to foot your legal fees and/or a whole bunch of civic-minded lawyers ready to take the case on pro-bono (or on contingency).

Alternatively, you don't have the courage of your convictions to pursue these injustices and see that the guilty are punished, even when such injustices 100% directly affect you.

Or as a crazy third option, asking where someone lives is not, in and of itself, illegal and you knew, deep down, there was no case.

You are really underestimating institutional racism, patriarchy and trans/homophobia.

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