This question alone is unlikely to be sufficient grounds for
somebody to win a suit. However, if someone who was asked
this question were to claim discrimination after not getting
the job, it would be usable as part of the arguement that the
decision was based on improper criteria.
In an interview, you describe the specific requirements, such
as the work hours and the need for the prospective employee
to be willing and able to work overtime if required. It is then
acceptable to aske the candidate if he or she would be able to
meet the requirement. As an employer, you do not need to
know what the possible issues preventing a candidate from
being able to meet your requirements might be, but you can
ask the candidate to verify the ability to meet them.
Gene Kim-Eng
----- Original Message -----
From: "Bill Swallow" <techcommdood -at- gmail -dot- com>
To: "Siliconwriter" <siliconwriter -at- comcast -dot- net>
Cc: "TECHWR-L List" <techwr-l -at- lists -dot- techwr-l -dot- com>
Sent: Monday, October 02, 2006 7:39 AM
Subject: Re: Hiring Discrimination
That's grounds for a lawsuit in most states. This, among many others,
is a no-no question.
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