Request of info. after job has been offered

I understand that asking a potential candidate for their Marital Status is not to appear on an employer's job application in order to help avoid a possible discrimination claim. However, is it an appropriate question to ask on an internal company hr/payroll form?

Comments

  • 27 Comments sorted by Votes Date Added
  • Yes. The question even comes up on the W-4.
  • Actually the question related to tax consequences is not whether the employee is married or not. The entry that the employee makes on the tax forms indicates whether or not they want to be taxed at the married or single rate. For example, I check single on my state form so that I will be taxed at the higher rate. I also check single on my federal form to maintain my taxes where I want them. My marriage license remains unaffected. The only time I know of that we actually need hard evidence of marital status is if they want to add a spouse as a dependant on the insurance program or want to invoke FMLA for a spouse.
  • We do ask if they are married or single when discussing and offering benefits. Also, some of our plans require spousal signature if they are not the primary beneficiary.
  • Since most applicants ask about benefits at the interview, we advise them what is available and costs. However, we do not ask them their marital and/or dependent status.
  • during the interview we NEVER talk about martial status but just talk in generalities, single coverage it x and family coverage is y. However, after the candidate starts and is going through orientation (which includes benefits), I ask so that I can discuss the different costs, if they are waiving benefits because of other coverage, etc.

    I didn't mean in my previous post that the subject was discussed prior to an offer being extended and accepted.
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-19-04 AT 10:50AM (CST)[/font][br][br]Don - You say tomatO I say tomAto. In my post I was simply stating another place this information comes up - not the end all be all - just another place where the question comes up.
  • I'm not trying to argue here. The point is entirely about asking people for that sort of personal information, or so I interpreted. Tax forms, tomAto or Tomato, do not elicit that personal information. But, I'm not an executive, and could be wrong. x:-)
  • The whole 'executive' thing is really bugging you huh? Fine, so be it.
  • It ain't buggin ME! I find it hilarious! Take it up elsewhere if you want to incite.
  • I'm happy to hear you find it hilarious. That sounds so patronizing by the way. Which is exactly how I took your original post on the topic & hence my reply about being an "executive". You've brought it up 3 times since the original post - so when you're ready to drop it, so am I. More important stuff to chat about don't you think?
  • I'm not sure if I'm an executive or not... I'll have to ask my boss tomorrow. Just kidding MWild.

    Seriously, I do not ask about marital status pre-offer. As others have said, just speak generically about benefits giving info on both single and married coverages. Let the candidate decide which is more important to them. But, on their first day among all the other paperwork we have new hires fill out is a Status Sheet. This form includes a request for info on marital status which becomes part of their permanent record.
  • Okay, here's a dumb question. What law prohibits an employer from asking whether or not an ee is single or married post-hire? Our orientation forms ask the same information as others have mentioned, but I'm curious why people "tap dance" around the question - is it because there is a law I should be aware of? Title 7 (among other things) deals with adverse employment action post-hire for discrimination issues - we're not taking action, just asking the question...
  • Mwild, I have the technical answer for you. It is found in the HR Ying Yang section.
  • Actually MWild, there's no law prohibiting our asking an applicant for his religious preference, her ethnicity, his marital status, her disability status or whether he's over 50. Illegal discrimination is, by definition, illegal. Questions are not illegal.

    It's not asking the question that's illegal. It's what you might do with the answer, if discrimination can be proved, and how the jury or hearing officer might perceive you to have acted on the information that you obtained contrary to their guidance.

    There is advice given by the EEOC as well as inferences we may draw from the ADEA, ADA and a multitude of other statutes that recommend certain questions are inappropriate and should be avoided. If there were a law against asking any of those questions, then asking them would have you automatically guilty of either a misdemeanor or a felony.

    Let's be clear here. The EEOC is not a lawmaking body. They give recommendations, conduct investigations, issue opinions and facilitate various processes. They also bully employers. They do not make law. I have heard others say they serve a valuable purpose. I intend to find out the truth of that before I retire.
  • Thanks Don for the answer, however, in Washington State, it is illegal to ask some of the questions you mentioned. Our Human Rights Commission, in keeping with Washington State WAC's and RCW's specifically outlines that asking the questions you mentioned:

    "...there's no law prohibiting our asking an applicant for his religious preference, her ethnicity, his marital status, her disability status or whether he's over 50. Illegal discrimination is, by definition, illegal. Questions are not illegal."

    are indeed 'unfair' questions that might lead an applicant to believe that they may be discriminated against & can be reported to the HRC, which could find these inquiries illegal. However, because I really wanted to know, I also looked it up & found that post-hire, it is okay to ask these questions on a need to know basis & as long as the information is kept private by the employer (once the ee says something it's okay).

    Thank you for your posts & answers though - it spurred me on to find the answers. x:-)
  • My post was entirely correct and accurate and provided you with your answer that you didn't have to search for, except for one thing. I neglected to add the state disclaimer. I tend to forget about states like Oregon and Washington and California. I was speaking from a federal perspective. We aren't burdened with a state labor department or the other organizations you mention in your post. I am glad that you found time for further research though. I know things are tough.
  • Why does everyone give Don such a hard time? I think that everyone takes things way to personal around here. If you don't want all kinds of answers then don't post. Don, I appreciate your willingnes to post. I think you give good advice and you are very knowlegable. xclap
  • Okay Lola815 - don't take this the hard way - but, butt out of it. Don and I have been going back and forth for quite awhile now & sometimes we disagree. When we do, we chat about it & sometimes it gets heated. Your two cents, since your all about not taking things personally - is idiotic. IMHO
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-20-04 AT 05:03PM (CST)[/font][br][br]LLLLLEEEEETTTTTTSSSS GET READY TO RRRRRUUUUMMMMMMMBBBBBLLLLE! x}>
  • Cinderella, ditto... Where's Steelman anyway?
  • MWild: I'm aghast, whatever that means. Someone of your calibre, with your background and experience and training, and executive standing, calling a fellow responder an idiot and telling them to butt out? Sounds like your George Foreman grill must have upset you. Hope things levelled off for you over the weekend. x:-) I appreciate the lady coming to my aide. I bruise easily when you beat up on me.
  • Speaking of longitudianl, horizontal cross-relational, counter-productive studies, I think one was done that indicated usage of the Foreman line of cooking utensils instigated pugalistic tendencies in the end-user.x:D

    Just kidding. Mutual respect does not preclude discussion, it often generates it. I for one appreciate the back and forth and would not want Mwild or Don D to throttle back.

    You are both fonts of wisdom and knowledge and we would be diminished without your participation.th-up


  • In retrospect - Monday morning quarterback & all - I have to say that I let my buttons get pushed (which I know is silly since it's just a forum) and responded too quickly. Lola, I'm terribly sorry I responded to your post the way I did. I know apologies may not be worth too much after things have been said, but please know that I am sorry. Your feedback on the forum is just as valuable as others.
  • I'm either the only one who's ever done this or the first to admit it, but sometimes I'll see a post of mine and think, "Oh crap! Did I say that?" Usually I don't change it, but occasionally, I punch the edit button to wipe out things like marriage proposals or slams against sensitive guys like Ray. x:-)

    For those of you who don't know yet, on the Forum Cruise, MWild and I have adjoining rooms. We're taking your bets. Either we'll come off the trip best buddies or one of us will be missing. Odds are even. Send your money to Ray. Minimum wager is 2 bucks.
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-23-04 AT 12:31PM (CST)[/font][br][br]My heart skipped a beat when I saw marriage proposal and my name the same sentence.

    Send your money. They trust with the petty cash at work, so you can trust me too. Really. And I won't use any of it to buy a designer T-shirt with Hillary's picture on the front. But, I have been thinking about buying a pink one for Beagle.

    Don, what happens if you both end up missing?
  • "Don, what happens if you both end up missing?"

    blame beagle x:-)
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