7 ms·
> it seems like you should be able to fire anyone who directly lies to you. Incorrect, depending on the question asked, the context of the question, the state
by tadfisher 7y ago
> it seems like you should be able to fire anyone who directly lies to you.
Incorrect, depending on the question asked, the context of the question, the state of mind of the asker and askee, etc. Firing someone for lying about activity related to their protected status is making an employment decision related to their protected status. For another hypothetical, someone may lie about being transsexual for any number of reasons, and firing them for lying about it is directly violating the Civil Rights Act of 1968 (or at least our judiciary's modern interpretation of it).
> if it's illegal to fire people for having a disability, isn't it better just not to ask in the first place?
From the employer's perspective, yes. They must make reasonable accommodations for the employee if asked to do so, but directly asking if someone has a particular disability is a liability can of worms no matter what the response. In general, these things are disclosed as part of the onboarding process, where the employee themselves are asked to volunteer any disabilities which require accommodation.