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I Can't Believe I Am Asking This!

napelnapel 18 Posts
in HR & Employment Law Vote Up0Vote Down
We have a manager at one of our facilities who has customized their application form to include birthdate, gender and race. We do gather that information [I]after[/I] the employee has been hired, but have never asked for it as part of the application process. I have requested it be removed it from their application. The manager wants me to ask an attorney if he really has to. :mad:
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  • 4 Comments sorted by Votes Date Added
  • NaeNae55NaeNae55 3,243 Posts
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    Of course he doesn't have to remove it, and of course he will be sued by someone who doesn't get hired because they will have a basis for a discrimination claim.

    We don't ask those questions, but we have still had someone come in and start yelling at the receptionist as they were sure they weren't getting an interview due to thier race. There are enough people out there who will believe they have been discriminated against and sue, and people who will know they have not but see it as an opportunity and will sue. Don't give them additional ammunition.
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  • Paul in Cannon BeachPaul in Cannon Beach 4,703 Posts
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    If he is going to go that route, he might as well ask "What disabilities do you have?" and "If you are a woman, are you planning to get pregnant or complain about childcare issues?"

    Yes, you do not want these questions on your application.
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  • napelnapel 18 Posts
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    Thank you for your replies...and you said what I knew you would. But it helps to have some back-up.
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  • Sharon McKnight SPHRSharon McKnight SPHR 737 Posts
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    I think you have a performance issue with the manager as well.

    He altered an official company document to suit his own purposes and, in the process, increased liability for the company, not to mention that he may also have damaged the company's reputation within the community. Savvy employees know that asking those kinds of questions isn't acceptable. Someone at a higher level (his supervisor maybe) needs to know what has occurred and address it with him. Just my opinion, but a first and final write up would not be out of line.

    If he is allowed to get away with altering this document without any repercussions, then what else will he think he can do? Does he process I-9's by any chance?

    Sharon
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