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These Questions Are Illegal

Posted By: Paul Winkelmann

These Questions Are Illegal - 07/09/13 08:15 PM

As long as we're talking about hiring help, here's some things that they don't have to answer.

1. Have you ever been arrested? ( But you can ask if they have ever been convicted of a crime )

2. Are you married? ( I always knew, so I never had to ask )

3. What religious holidays do you practice? ( Yeah, I never had to ask this one either )

4. Do you have children? ( I think this one was to protect certain athletes, as in 23 by 17 different women )

5. What country are you from? ( They made this a law in case Salys ever hires )

6. Is English your first language? ( If you can't understand them, I'm going to say "no" )

7. Do you have any outstanding debt? ( Or in other words, Is an enforcer for the mob going to show up at my door? )

8. Do you socially drink? ( I guess the wrong answer to this question is: "No, I become really antisocial when I drink" )

9. When was the last time you used illegal drugs? ( "Do you mean, the last time before I came to this interview?" )

10. How long have you been working? ( "You mean between unemployment, food stamps, and prison?" )

11. What type of discharge did you receive from the military? ( Russian, African, or North Korean? )

And you wonder why our country is going to heck in a handbasket? Look no farther than our laws.
Posted By: Vinke

Re: These Questions Are Illegal - 07/09/13 08:48 PM

you forgot.....

Do you belong to any clubs associated with rainbows (no there is not a pot of gold at the end)
Posted By: warrior

Re: These Questions Are Illegal - 07/09/13 09:39 PM

Well, Paul, I guess for me it's a deal breaker if the applicant finds any of those questions objectionable.

Which leads me to have another form ready for the next applicant a list with a single question. Would that be illegal, I wonder?
Posted By: Dave Schmidt

Re: These Questions Are Illegal - 07/09/13 10:22 PM

Well, David, my answer to most of 'em is "none of your business. Ask me some questions that relate to the job for which you're hiring." I kinda think you'd be the same if you were asked them.
That having been said, it's can be pretty hard to judge an applicant's character without some non-job-related questions. There are ways of obliquely asking several of them that won't get you in trouble. And questions 5 thru 9 have absolutely no business being asked of an applicant.
I've assisted in hiring a coupla WCO trainees, and had some pretty aptitude-specific questions; really have no idea if they were legal or not.
I've also applied to outfits (temp agencies are an egregious example) that seemed to presume that every applicant was a criminal, crackhead, or a moron. Didn't waste much time with those!
Posted By: Nathan Krause

Re: These Questions Are Illegal - 07/09/13 11:37 PM

I had a guy during his interview tell me he don't drink, smoke, or do any drugs.

On his first trial day he left his wallet in my truck and when he calls me to tell me he asks if I could drop it off to him at the bar?

I am not afraid of a drink and put a few back regularly but at no point in time do I feel the need to lie about it.
Posted By: DAVE SALYS-CWCP

Re: These Questions Are Illegal - 07/10/13 01:22 PM

Paul that #5 isn't completely fair, did you know I almost married a Mexican woman and moved to Cabo San Lucas? I even owned a place down there for awhile until we split up, she was terrible at picking tomatos. grin

In my past employment I was the front line applicant screener and trust me there are ways to weed out the undesirables. And don't worry guys most of you would pass.
Posted By: HD_Wildlife

Re: These Questions Are Illegal - 07/10/13 02:31 PM

Early in my career I worked for a landscaper. Guy had a heart of gold and taught me tons about irrigation and other aspects of the industry. Also helped me find time to pursue college which allowed me to get into the wildlife field.

While working for him I saw more dirt bag, lazy, take advantage, devious and shifty characters that took full advantage if his blind side.

They were all tithe best of my knowledge Caucasian, hetero males.

He had one who stole from a client while using the bathroom in her home and yet another who we all knew faked an injury to get workmanship comp.

Years later I needed work and ended up landscaping as a foreman for another crew.

This guy was a slob of a boss, pretty much a hard human to spend time around but I desperately needed work.

His crew were all migrant workers from south of our border. These folks worked all day long harder than I felt I could and longer as well. They talked very little and jobs were done efficiently.

Not one of these folks received a bad complaint from homeowners or clients.

My personal opinion and that's all it is, is that you can have a hunch that may be right about someone, but their true colors only shine through over time.

I personally don't care who you love, what color you are, where you came from, if you've struggled with addiction or any of those things until you show me I can't trust or respect you.

I have seen more people who came to this country illegally work harder than family, friends and neighbors who are born and bred here.

I've never had a boss that didnt make sure I had time to prove myself before I went out solo.

Time, money, lack of policies can all influence the success of a new hire and though I have no employees now I've hired and fired dozens in my previous life.

Again just my opinion, some folks someone might not like on paper that are purely the best in real life.

Others that have a rockstar resume can be the worst thing you've ever seen!

Had a work delay this morning so there's my 5 min. rant!

smile
Posted By: Law Dog

Re: These Questions Are Illegal - 07/10/13 06:20 PM

Maybe the problem is the dirtbags use the "rights" of good folks to drain the system like it being drained now. Maybe the guy writing the "checks" should be able to ask questions since he's responsible for the folks he hired. We cannot have it both ways and get ahead.
Posted By: HD_Wildlife

Re: These Questions Are Illegal - 07/10/13 06:33 PM

I bet most folks would agree that while foolish you can likely ask any question you want though illegal.

This is like anything else, go for it but realize the potential the conversation is being recorded.

I do see how many feel we've gone too far but I've worked with men and women across the states and know the discrimination the laws were designed for are still needed.

Sad but true, many people still live with their heads buried in some other time they'd like to go back to.
Posted By: Peskycritter

Re: These Questions Are Illegal - 07/10/13 06:54 PM

Things I asked before hiring a carpenter they really saved time paper work , stress , firing guy rampage , simple Q that set pay scale . How long is a stud when building a 8' wall . How big for 9' wall and if guy was looking for top dollar how long for 18' wall . This was a good one how big is a 4x8 sheet of plywood anyway ask that after the stud one . Guy looking to hire on top dollar how big is a stare tread . Simple Q could help weed out people's when looking to hire for wildlife control or any job . asking Q like this could be the best Q if your looking for the getter done types even if your looking to train atleast you can see if the boy has common sense
Posted By: Paul Winkelmann

Re: These Questions Are Illegal - 07/10/13 07:23 PM

Justin, my experience with migrant workers has been the same as you. ( But then I don't live in the city where Mexican gang members aren't afraid to pull the trigger ) Since we need workers and they need to work, this should be a match made in heaven.

The best help I have personally had on a job was a Mexican/American union guy that wasn't afraid of animals. He was one guy I trusted to move my cages around because he always caught stuff.

I'm guessing that the only reason this immigration thing is so screwed up is because the Federal Government is involved. I am not in a position to say what is right or wrong on this one. The only people that think our weather is wonderful and want to live here, are Eskimos.
Posted By: Dave Schmidt

Re: These Questions Are Illegal - 07/13/13 02:31 PM

What Wink said.
Pesky, I think you were talking about aptitude-specific questions, as I mentioned earlier (BTW, how big is a 4x8 sheet of plywood? I thought I knew).
Read a long time ago that most businesses hire based on the following order: experience, aptitude and attitude; successful businesses do it the other way around. The point being: you can't train a bad attitude out of a guy, but you'll bankrupt your company trying to do it.

MANdatory movie quote from The Cowboys, with John Wayne and Bruce Dern (paraphrased):

John Wayne character (All-American tough guy hero) has caught Bruce Dern character (slimy bad guy) lying about his prison record.

BD Character: Y'mean you're gonna hold a mistake against me?
JW character: No, I'm not holding the mistake against ya. It's the lyin' I can't stomach. Now git off my land!
Posted By: Dave Schmidt

Re: These Questions Are Illegal - 07/18/13 02:28 AM

In light of recent "Supreme" Court shenanigans, this one might be needed:
"You are obviously a (man/woman). Does the sexual identity in your head match that of your body?"
Posted By: Mortamie

Re: These Questions Are Illegal - 07/19/13 05:02 PM

Originally Posted By: Dave Schmidt
In light of recent "Supreme" Court shenanigans, this one might be needed:
"You are obviously a (man/woman). Does the sexual identity in your head match that of your body?"


This is true but my thinking is God made them either man/women physically we shouldn't treat them any different because of whats in their heads.
Posted By: Paul Winkelmann

Re: These Questions Are Illegal - 07/20/13 12:00 AM

Dave's question; Does the sexual identity in your head match that of your body?

My answer; Not even close. The picture in my head is that I'm tall, dark, and handsome, not short, bald and old.
Posted By: Anonymous

Re: These Questions Are Illegal - 07/20/13 12:27 AM

Dave... Thanks for the insights a couple posts back.
Posted By: Dave Schmidt

Re: These Questions Are Illegal - 07/20/13 01:03 PM

Well played, Mortamie!
I sometimes wanna ask these confused people: "So, you're saying God put a female identity in a man's body (or vice versa)? Does God make mistakes?" (For answer, see the Bible.)
"Before I formed you in the womb I knew you" -Jer, 1:5
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