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Topic: Any illegal questions  (Read 1384 times)

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Any illegal questions
« on: April 22, 2004, 05:18:07 AM »
MSN had an article today on questions that are illegal in the US to ask a job applicant in an interview.   I know things are a bit different in the UK, i.e., it's expected that your birthdate will appear on your CV.  Are there questions that a UK employer shouldn't be asking?
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Re: Any illegal questions
« Reply #1 on: April 22, 2004, 09:40:33 AM »
According to my boss who is a solicitor who specialises in employment law (both for employers and employees), the only "illegal" questions are ones that could lead to possible illegal discrimination.  At this point in time in the UK, age discrimination is not illegal.  But discrimination based on things like religious beliefs and sexual orientation is illegal - and they are things that an employer most likely would have to ask in order to know.

Hope that helps answer your question!
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Re: Any illegal questions
« Reply #2 on: April 22, 2004, 10:41:09 AM »
.  But discrimination based on things like religious beliefs and sexual orientation is illegal - and they are things that an employer most likely would have to ask in order to know.

Northern lreland does get away with this though through what they call a Equal Opportunity Monitoring form. You fill this out along with your application. It asks the question about your religious affilation. 3 choices- l am a member of the Protestant, Catholic or neither communities. After you fill out this form you place it in a sealed envelope and no one is to know. l was told that no one ever looks at this form, but just recently l was sent a form from my employer asking if my selection has changed! So hmmmm me thinks they do look at it!! lol But then again l can understand why they do.   


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Re: Any illegal questions
« Reply #3 on: April 22, 2004, 10:51:27 AM »
I had an interview here where I was asked about family/marital status/children, etc. I was never asked these things at any US interviews, but they can here, and they do.


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Re: Any illegal questions
« Reply #4 on: April 22, 2004, 10:56:44 AM »
In the US I constantly had to fill out a "Equal Opportunity Monitoring" type form - even at interviews.  Like you, Trish, I was told it was put in a sealed envelope and the hiring people never saw it.  Right....it would ask your gender and race and age...things that can't be asked outright in an interview (though in most cases gender would be kind of obvious!   ;) ).
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Re: Any illegal questions
« Reply #5 on: April 22, 2004, 11:53:35 AM »
I had an interview here where I was asked about family/marital status/children, etc. I was never asked these things at any US interviews, but they can here, and they do.

I have been an interviewer considering whether to employ a young lady like you, Leah, and I had to try to establish whether my newly-wed applicant was looking for a permanent job, or just looking for something that was going to give a few months work until a family arrived.

At that time, I wasn't supposed to ask any question that could appear to be gender-biased .... nor take gender into account.  And yet ... I had to establish the suitability of the candidate for the job.  In a small office (sometimes just two staff in the building) I also had to consider things like "what if there is one of each gender"

I think you ARE still allowed to advertise for a FATHER Christmas and only interview males. The rules are less stringent for very small businesses and for personal service type jobs. Don't know about ethnic background - whether there are any exceptions in that area; as an interviewer I really don't care because I wouldn't want to take this into any sort of account.

Age - you're free to ask.  School - you're free to ask.  Ability to work legally - the interviewer or process MUST ask and check that the interviewee has an NI number or is otherwise permitted to work - every company has been sent a Home Office circular showing passport stamps to accept, and those not to accept, and the document is full of threats against the company if it fails to check.

Bit of a ramble - hope it help. 
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Re: Any illegal questions
« Reply #6 on: April 22, 2004, 12:16:25 PM »
Quote
Ability to work legally - the interviewer or process MUST ask and check that the interviewee has an NI number or is otherwise permitted to work - every company has been sent a Home Office circular showing passport stamps to accept, and those not to accept, and the document is full of threats against the company if it fails to check.

Yep, we got that too. And it does have tips for how not to discriminate while proving an applicants eligiblity to work. Luckily we don't have to deal with a turnover at all, being small.


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Re: Any illegal questions
« Reply #7 on: April 22, 2004, 08:11:27 PM »
Thank you all very much! 

I have seen US interviewers writing codes on my resume (SWF, @35) from observation and guesswork with my college graduation date.  I love it when they get my age wrong!  I earned my bachelor degree when I was 43.   :P

Should I have my passport with me when I go on interviews?   Another thing, I heard someplace that age discrimination will be outlawed in the UK in a few years, not that it helps me now.

Gotta go do my roots!  Thanks again.
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Re: Any illegal questions
« Reply #8 on: April 22, 2004, 08:56:54 PM »
Yes, age discrimination is due to become outlawed, but as you said, not for a few years.

And I wish I could find time to do my roots!!  :)
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Re: Any illegal questions
« Reply #9 on: April 22, 2004, 09:04:53 PM »
Yes, bring your passport but don't offer it if they don't ask for it. It's good to have all your documentation though, it looks like you're prepared.
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Re: Any illegal questions
« Reply #10 on: April 23, 2004, 05:10:24 AM »
Yes, bring your passport but don't offer it if they don't ask for it. It's good to have all your documentation though, it looks like you're prepared.

And a big thank you to you all for helping me be so prepared! :-*
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Re: Any illegal questions
« Reply #11 on: April 23, 2004, 06:35:24 AM »
Yes, bring your passport but don't offer it if they don't ask for it. It's good to have all your documentation though, it looks like you're prepared.

They might not ask for it at the interview, but if  you do get the job, I've found that they ask you to bring it with you on your first day, and they photocopy it.


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