4 ms·
How could this possibly be constitutional?
by tengbretson 9y ago
How could this possibly be constitutional?
- jdavis703 9y agoBecause it's designed around a protected group. It's the same reason why asking someone's immigration status or country of birth is illegal. The equal protection clause of the Constitution can trump free speech when they conflict.
- SamReidHughes 9y agoAsking about those is legal. > The equal protection clause of the Constitution can trump free speech when they conflict. They never conflict.
- jdavis703 9y agoWell in anti-harrasment training they definitely tell you not to ask those questions. Search on Google for illegal interview questions and you'll get similar advice (0). Hell, I just saw an HR sign warning that asking for the name of someone's spouse is discouraged because it can be used to discover gender identity and sexual orientation. You can certainly ask these questions in an interview, but you run the risk of being sued. 0: https://www.monster.com/career-advice/article/illegal-interview-questions https://www.monster.com/career-advice/article/illegal-interv...
- SamReidHughes 9y agoThe points I'm making are, it's not actually illegal. And there's nothing involving the equal protection amendment here.
- tengbretson 9y agoWhat is the classification for this new protected group?
- deleted 9y ago[deleted]
- chc 9y agoIt's pretty well established that the state has the right to dictate how employers treat employees as well as many aspects of compensation, so I don't see why you'd think this particular rule wouldn't be constitutional.
- coin 9y agoI agree. The state is not allowing an entity to ask a question. The right to not answer the question was always there.
- rhizome 9y agoLike everything else: through legislation.