Thursday, August 26, 2010

High Risk Application or Interview Questions

Because of the condition of the economy there aren't a lot of jobs out there. This translates into more law suits based on discrimination. More people will file discrimination law suits or file complaints alleging that they weren't hired because of discrimination. Employers, it is important to remember that you can violate Anti-Discrimination laws before you ever hire an employee.

In 1981 the EEOC determined that there was such a thing as "pre-employment discrimination". It determined that there were "high risk" questions that employers should never ask, unless of course the question is related to business necessity. And if the question is related to business necessity, you better make darn certain that there is no reasonable accommodation that you can make and that it is critical to the functioning of your business.

Here's the high risk list:

Never ask:
A person's height and weight
If a woman is pregant
A person's marital status
The number of children a person has
Child care arrangements
Primary language or proficiency in English
Educational limits, obviously unless it is critical to the job
Arrest or conviction records
Type of discharge from military service
Economic status
Availability for weekends or holidays (you might meet religious discrimination)

And it is also a good idea not to ask employment candidates to list injuries, handicaps or disabilities.

Tuesday, August 3, 2010

Menatally Incompetent Illegals Get ACLU Support in Court

Late last night the ACLU filed a law suit in LA on behalf of mentally incompetent illegals.

The suit claims that the US Government, in particular the Department of Homeland Security, has failed to identify mentally incompetent illegals and because of their failure their civil liberties have been violated, with one specific detainee having languished in prison for 5 years. The suit filed in US District Court seeks to force Homeland Security to develop a system for identifying mentally incompetent individuals and to require that they are assigned counsel. Currently this group of individuals is afforded these rights but they are often overlooked because there is no system in place to identify them, particularly the indigent.

In 2008 the Division of Immigration Health Services sited up to 5% or nearly 19,000 illegals, were suffering from mental illness.

For more information on immigration visit or