Ever Hear Of Contacting A Spouse About Employment?

Topic 21023 | Page 2

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ACO476's Comment
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Sorry Brett, it’s illegal to even ask if someone is married. You can freely offer up that information, but it’s still flat out illegal for a potential employer to ask.

Brett Aquila's Comment
member avatar

Sorry Brett, it’s illegal to even ask if someone is married. You can freely offer up that information, but it’s still flat out illegal for a potential employer to ask.

No, it's not. It may imply that an employer may be pursuing discriminatory hiring practices, but it is not illegal to ask someone if they are married. And I dare say if someone asked you that and you refused to answer you would almost certainly be dismissed from further consideration because you're oddly paranoid and a little weird.

ACO476's Comment
member avatar

Http://www.businessinsider.com/11-illegal-interview-questions-2013-7

Yes sir, completely illegal and never a question that I would ever have asked a potential employer.

ACO476's Comment
member avatar

And if you think it’s okay to ask a potential employee about marital status, then it has to automatically be okay to ask them if they have kids, what religion they are, their sexual orientation, political affiliation...

Again, if asked and you freely give an answer, shame on you. I would immediately move on if asked about marital status, followed by if a potential new employer could talk to my spouse.

Brett Aquila's Comment
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"However, if the employer states questions so that they directly relate to specific occupational qualifications, then the questions may be legitimate. Clearly, the intent behind the question needs to be examined."

Whether or not you're going to be leaving behind a wife and children for days or weeks at a time is directly related to occupational qualifications. Being able to leave your family behind is directly related to your ability to do your job if you're going to be travelling OTR so the employer can certainly ask you about it.

And it is not illegal to ask such questions. It is illegal to discriminate in your hiring practices. That's two different things.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

Brett Aquila's Comment
member avatar
Again, if asked and you freely give an answer, shame on you

Who the heck are you to judge what information people should give or not give? You're no authority on the matter. Mind your own business. Shame on you for overstepping your bounds. Your beliefs do not apply universally to everyone else.

Talk about inappropriate. You're worried about someone asking if you're married, but then you go and make a statement like that which shames all of mankind because you don't believe they should reveal their marital status?

Well I've said all I'm going to say on the matter. I've given my view. People now have good information and they can handle this situation any way they see fit.

Dan Snyder's Comment
member avatar

I'm gonna jump back in here boys... I also could have sworn it was 100% illegal, but I'm not a lawyer... Just some ol' dumb cop.

Anywho, Volvo...that's the position i'm in... Either they talk to the wife or I'm done with processing... that simple... It blew my mind, but either you want the job or not... so.........

Brett Aquila's Comment
member avatar

No, it is not illegal to ask if someone is married or to ask to speak with their spouse. If it was illegal you would be able to find the law stating so. If you can find that law then let me know.

What it says is that you can not discriminate in your hiring practices for race, religion, gender, etc. So they can ask you anything they like. They can not ultimately discriminate against certain things when making their hiring decisions.

ACO476's Comment
member avatar

I'm gonna jump back in here boys... I also could have sworn it was 100% illegal, but I'm not a lawyer... Just some ol' dumb cop.

Anywho, Volvo...that's the position i'm in... Either they talk to the wife or I'm done with processing... that simple... It blew my mind, but either you want the job or not... so.........

You’re free to give the answer and to let them talk to your spouse, it’s just not something I would do or a question I would ask from an HR standpoint.

Thank you for your service to your community!

G-Town's Comment
member avatar

MC you really should read the entire link you replied with. There is a clear and obvious qualifier you missed...or didn't read.

If the question is relevant to job qualification (which I believe it is) then it's totally legal. It's the intent and context that is potentially illegal, such as discrimination.

If the recruiter asks the question in this way:

Because OTR trucking requires extended periods away from home and related stress, is it possible to discuss your application with a family member such as a sibling, parent or spouse?

Totally 100% legal and legitiment. Please carefully reread the link you posted and you will see exactly what I am trying to point out.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

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