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by BugsJustFindMe12 hours ago |
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upvoteby calcifer10 hours ago|
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Which protected characteristic does "personal relationships" fall under? It's vague enough to mean almost anything you want it to be, and I struggle to imagine any sort of successful prosecution.
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upvoteby nkrisc7 hours ago|
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There’s a reason interviewers in the US won’t (or shouldn’t) even ask if the candidate has a spouse. If they ask something about that specifically, and the answer indicates some kind of protected status (a man says “my husband” or reveal which place of worship they got married in) and they then decline the candidate, the candidate could make the claim they were denied because they’re gay or practice whatever religion or something else.

Asking personal questions could be seen as a way to elicit information about a protected status and thus give a rejected candidate ammunition for a claim, whether warranted or not.

It’s best to just keep questions focused on the workplace.

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upvoteby DangitBobby5 hours ago|
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I think people vastly overstate the amount of actual risk companies are taking when they engage is possibly illegal behavior, especially on this forum.
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upvoteby nkrisc1 hours ago|
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Likely true, and I’m sure many companies go unpunished despite engaging in it, but that doesn’t make it a good idea, and probably the kind of thing that could ruin a small business if they did get caught up in it.
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upvoteby voakbasda4 hours ago|
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Having been on the sidelines for spurious claims of this nature, these sorts of lawsuits are a huge risk: the cost of mounting a defense can easily bankrupt a small business, even if the claims turn out to be baseless.

Even in the case of complete innocence, it often becomes a he-said-she-said situation, and the outcome boils down to which side presents the best set of “facts”.

I use quotes there because my broader experience with the court system routinely shows that it does not need be burdened by the “truth” or “facts”. That is probably because the regular cast in those venues are literally trained and practiced liars.

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upvoteby dmoy2 hours ago|
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I think it also depends on how big of a company. If someone (say perhaps, GP) mostly has experience in smaller companies, they might not have had the law of large numbers bring the lawsuit cudgel to bear on their company before.

But if you're at a large enough company, you're absolutely getting sued for this from time to time, so you'll have the "how to not get sued" training before you're allowed to interview.

(Edit: this isn't limited to interviews. There's many, many examples of things that large companies will not touch due to legal risk, that smaller companies will... either due to lack of knowledge on the legal risk (maybe no legal department even exists yet?) or intentionally as a gamble)

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upvoteby zdragnar7 hours ago|
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Never ever prompt someone to discuss personal relationships in an interview. The moment the conversation drifts into religion, family status, child count, sexuality or gender makeup, or any number of other things, you can easily run afoul of state or federal laws, or open yourself to discrimination lawsuits.
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upvoteby taberiand10 hours ago|
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Discrimination of sexual orientation, for example, depending on how it's asked. Just one of those areas best left alone in an interview
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upvoteby tetha3 hours ago|
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Women in a committed relationship can enter a medical situation that renders then unable to work for 6-9 months, + 2 - 3 years of leave afterwards. Men don't, that's just a month or two twice.

It is illegal, and in my book also immoral to deny such a candidate, but the other side of the coin is there.

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upvoteby gosub10058 minutes ago|
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Employer fishing to see if the person is married, which will require additional dependents on health insurance. Married is possibly more likely to have kids and take more time off for them or maternity/paternity leave.
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upvoteby like_any_other9 hours ago|
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Even just an IQ test [1] or teacher licensing test [2,3] opens them to illegal discrimination, so that's not saying much.

[1] https://en.wikipedia.org/wiki/Griggs_v._Duke_Power_Co.

[2] https://www.wsj.com/us-news/education/black-latino-teachers-...

[3] https://teachercertification.com/nystce/multi-subject-arts-a...

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upvoteby rad-b2 hours ago|
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Working in selection, I can say it’s more nuanced than that. Any measurement can be used as long as it is relevant to the business and related to performance. For example, you’re fine to reject people based on height if you’re hiring basketball players and being higher predicts scoring more points. Or even reject people based on gender (or other protected classes) if you can demonstrate that that specific group is absolutely necessary for you e.g. you want a counselor working with sexual trauma survivors and have evidence that matching patients to counselor on gender gives meaningfully better results for said patients.

The specific cases you mention and the finer point is how do you demonstrate the necessity of a measure? Is high general IQ absolutely necessary for SWEs? Or is it enough to have a high logical reasoning, but don’t need spatial? Do you really need high IQ or is it enough to have a lot of practical experience with hands on skills? Do you need higher IQ to do zero to one development vs code maintenance? The devil’s always in the details with these kinds of questions, and it’s definitely not a blanket “you can’t use anything”.

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