4 ms·

Woah, is it really illegal?! What would be a polite answer? "I would like to focus on the value I can add to the company instead of focusing on my age" is thi

by evex 8y ago

Woah, is it really illegal?! What would be a polite answer? "I would like to focus on the value I can add to the company instead of focusing on my age" is this an acceptable answer?

cimmanom 8y ago
Yes, it's illegal. So are questions about marital status; about whether you have kids or are pregnant; about race or nationality; about gender; about religion; and about disabilities.
- evex 8y ago
  Oh, I was asked if I am married or not and if I have kids! I'm sure the interviewer had no idea. She was German, maybe it's not illegal to ask these questions in Germany
- deleted 8y ago
  [deleted]
- eesmith 8y ago
  Some years back I spent some time reading through the EEOC guidelines. I found them quite interesting to read, and informative. They've guided my understanding of workplace discrimination ever since, and I wish more people would spend time understanding their rights and responsibilities in the workplace. Here are some of the relevant links to your points: https://www.eeoc.gov/eeoc/publications/age.cfm https://www.eeoc.gov/eeoc/publications/age.cfm says: "The ADEA does not explicitly prohibit an employer from asking an applicant's age or date of birth. However, such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, contrary to the purposes of the ADEA." https://www.eeoc.gov/laws/practices/inquiries_marital_status.cfm https://www.eeoc.gov/laws/practices/inquiries_marital_status... "The following pre-employment inquiries may be regarded as evidence of intent to discriminate when asked in the pre-employment context: * Whether applicant is pregnant. * Marital status of applicant or whether applicant plans to marry. * Number and age of children or future child bearing plans. * Child care arrangements. * Employment status of spouse. * Name of spouse." https://www.eeoc.gov/eeoc/publications/fs-race.cfm https://www.eeoc.gov/eeoc/publications/fs-race.cfm says "Requesting pre-employment information which discloses or tends to disclose an applicant's race suggests that race will be unlawfully used as a basis for hiring. Solicitation of such pre-employment information is presumed to be used as a basis for making selection decisions. Therefore, if members of minority groups are excluded from employment, the request for such pre-employment information would likely constitute evidence of discrimination."
  - evex 8y ago
    Can you please write what's related to my case in plain easy English? Execuse me :)
    - qbrass 8y ago
      If they ask, then don't hire you, you have a case against them for discrimination.
    - geofft 8y ago
      It is not literally illegal to ask, but if they decide not to hire someone after asking the question (or possibly, if they ask some people interviewing for the job, and then decide not to hire someone they didn't ask), it is absurdly easy for the person who wasn't hired to pursue a discrimination claim. Therefore, most HR departments simply tell you that it's illegal (or prohibited, more precisely). There's a huge amount of legal risk to the company, in asking, and no benefit because it is illegal to actually take the answer into account. Personally, I would probably answer truthfully in the interview, and then politely tell the recruiter / hiring manager next time I spoke to them, "Thanks, I enjoyed speaking with <person> about the company! By the way, they asked me about my age (or whether I was married, or whatever), and I just wanted to confirm that this information will not be used in a hiring decision. We were making small talk and I didn't mind answering, but I don't think it's relevant to what I can bring to the company." If the recruiter or hiring manager is in the least bit competent, they will immediately panic, and probably end up finding a way for that person to have no role in making your hiring decision, or something. (This only applies for hiring in the US, if this is in another company things may be totally different)
      - evex 8y ago
        Great, I can use your advice in my next interview, thanks!
        geofft 8y ago
        You may want to note bendmorris's correction elsewhere in the thread, that age discrimination is only for people age 40 and up. It's still awful for the company to be asking "You look young!", because that might imply they see being young as desirable, but you might not be able to push back very hard if the recruiter doesn't panic.

by evex 8y ago

Woah, is it really illegal?! What would be a polite answer? "I would like to focus on the value I can add to the company instead of focusing on my age" is this an acceptable answer?

cimmanom 8y ago

Yes, it's illegal. So are questions about marital status; about whether you have kids or are pregnant; about race or nationality; about gender; about religion; and about disabilities.

evex 8y ago
Oh, I was asked if I am married or not and if I have kids! I'm sure the interviewer had no idea. She was German, maybe it's not illegal to ask these questions in Germany
deleted 8y ago
[deleted]
eesmith 8y ago
Some years back I spent some time reading through the EEOC guidelines. I found them quite interesting to read, and informative. They've guided my understanding of workplace discrimination ever since, and I wish more people would spend time understanding their rights and responsibilities in the workplace. Here are some of the relevant links to your points: https://www.eeoc.gov/eeoc/publications/age.cfm https://www.eeoc.gov/eeoc/publications/age.cfm says: "The ADEA does not explicitly prohibit an employer from asking an applicant's age or date of birth. However, such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, contrary to the purposes of the ADEA." https://www.eeoc.gov/laws/practices/inquiries_marital_status.cfm https://www.eeoc.gov/laws/practices/inquiries_marital_status... "The following pre-employment inquiries may be regarded as evidence of intent to discriminate when asked in the pre-employment context: * Whether applicant is pregnant. * Marital status of applicant or whether applicant plans to marry. * Number and age of children or future child bearing plans. * Child care arrangements. * Employment status of spouse. * Name of spouse." https://www.eeoc.gov/eeoc/publications/fs-race.cfm https://www.eeoc.gov/eeoc/publications/fs-race.cfm says "Requesting pre-employment information which discloses or tends to disclose an applicant's race suggests that race will be unlawfully used as a basis for hiring. Solicitation of such pre-employment information is presumed to be used as a basis for making selection decisions. Therefore, if members of minority groups are excluded from employment, the request for such pre-employment information would likely constitute evidence of discrimination."
- evex 8y ago
  Can you please write what's related to my case in plain easy English? Execuse me :)
  - qbrass 8y ago
    If they ask, then don't hire you, you have a case against them for discrimination.
  - geofft 8y ago
    It is not literally illegal to ask, but if they decide not to hire someone after asking the question (or possibly, if they ask some people interviewing for the job, and then decide not to hire someone they didn't ask), it is absurdly easy for the person who wasn't hired to pursue a discrimination claim. Therefore, most HR departments simply tell you that it's illegal (or prohibited, more precisely). There's a huge amount of legal risk to the company, in asking, and no benefit because it is illegal to actually take the answer into account. Personally, I would probably answer truthfully in the interview, and then politely tell the recruiter / hiring manager next time I spoke to them, "Thanks, I enjoyed speaking with <person> about the company! By the way, they asked me about my age (or whether I was married, or whatever), and I just wanted to confirm that this information will not be used in a hiring decision. We were making small talk and I didn't mind answering, but I don't think it's relevant to what I can bring to the company." If the recruiter or hiring manager is in the least bit competent, they will immediately panic, and probably end up finding a way for that person to have no role in making your hiring decision, or something. (This only applies for hiring in the US, if this is in another company things may be totally different)
    - evex 8y ago
      Great, I can use your advice in my next interview, thanks!
      - geofft 8y ago
        You may want to note bendmorris's correction elsewhere in the thread, that age discrimination is only for people age 40 and up. It's still awful for the company to be asking "You look young!", because that might imply they see being young as desirable, but you might not be able to push back very hard if the recruiter doesn't panic.