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Need A Job, Jillian? First, Tell Us The Date Of Your Last Period!

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The Legal Questions Answered...
 

Prior to a job offer, most of these questions are illegal, but according to all case law I have reviewed, once a contingent offer of employment has been made, the questions and the process are legal, provided that everyone offered a job is required to endure the same process.

From the:

ALSB Journal of Employment and Labor Law

Volume 12, 39-57, Spring 2011

You Can't Ask That! Unmasking the Myths About "Illegal" Pre-Employment Interview Questions by Laura Davis:

"The ADA expressly prohibits employers from asking certain pre-employment interview questions. Specifically, employers may not ask questions that are likely to reveal the existence of a disability before making a job offer (the pre-offer period).

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An employer may make the prohibited inquiries and other inquiries that are likely to reveal the existence of a disability

after extending a job offer, as long as it asks the same questions of other applicants offered the same type of job.

It is important to note that while the only pre-employment interview questions prohibited by the ADA are disability-related inquiries and requests for medical examinations, the prohibited inquiries apply to all applicants, not just those who are disabled.

Courts have generally found that ADA claimants must present evidence of actual harm arising from the asking of a prohibited question in order to recover damages."

So, Jillian, the answer is yes. An employer has the right to ask...When was your last period? How many pregnancies? How many miscarriages? How many abortions? Any fertility problems?

On and on and on...

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I am an 'older' progressive; a holdover from the hippie generation. I have raised 3 children, am a proud grandmother, and an outspoken political junkie. I have worked in the healthcare field for 30 years, both for insurance companies and for the (more...)
 

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  The answer is yes. An employer has the rig... by Jillian Barclay on Monday, Aug 15, 2011 at 9:05:13 PM
Maybe a urine test, but a full exam, and weighing ... by Odyseus_97 on Monday, Aug 15, 2011 at 11:29:16 PM
I had never seen anything like this in my life and... by Jillian Barclay on Tuesday, Aug 16, 2011 at 1:38:36 AM
I know my employer does. These are hard times, and... by Odyseus_97 on Tuesday, Aug 16, 2011 at 9:59:31 AM
They did ask questions of the men: "Male fertility... by Jillian Barclay on Tuesday, Aug 16, 2011 at 1:17:05 PM
- way too far already. Our shadow government is no... by Dante DeNavarre on Monday, Aug 15, 2011 at 11:49:30 PM
I had hoped, by sharing this, that I could start a... by Jillian Barclay on Tuesday, Aug 16, 2011 at 1:45:51 AM
This is sinister Jillian.  I suppose megaloma... by David McBain on Tuesday, Aug 16, 2011 at 6:02:24 AM
Amillar, It is all a racket and young people have ... by Jillian Barclay on Tuesday, Aug 16, 2011 at 6:36:00 AM
This harrowing accounting sounds like pure horror ... by jaydo on Tuesday, Aug 16, 2011 at 6:26:38 AM
That is what I thought, too! I was more than shock... by Jillian Barclay on Tuesday, Aug 16, 2011 at 6:43:09 AM
Everyone reading this, make no mistake about it: T... by Ned Lud on Tuesday, Aug 16, 2011 at 7:15:34 AM
I read the link and find it hard to believe that f... by Jillian Barclay on Tuesday, Aug 16, 2011 at 1:24:02 PM
brought tears to my eyes. It's easy for peopl... by Cheryl Biren on Tuesday, Aug 16, 2011 at 8:05:59 AM
Cheryl,I am so sorry that you have lost your husba... by Jillian Barclay on Tuesday, Aug 16, 2011 at 1:45:21 PM
They are shallow. Shallowness is the  worst e... by Mark Sashine on Tuesday, Aug 16, 2011 at 9:04:09 AM
Wanted to lie, but couldn't bring myself to do it.... by Jillian Barclay on Tuesday, Aug 16, 2011 at 2:07:30 PM
but a person. I, for instance have a right to bu... by Mark Sashine on Tuesday, Aug 16, 2011 at 2:20:17 PM
but a person. You are right and I did ask the clin... by Jillian Barclay on Wednesday, Aug 17, 2011 at 3:23:08 AM
How far we fall to the sound of applause, no less.... by Robin Ryan on Tuesday, Aug 16, 2011 at 9:20:44 AM
They did require the name of my doctor and she wou... by Jillian Barclay on Tuesday, Aug 16, 2011 at 1:54:34 PM
Computers can be the culprit in this kind of intru... by Margaret Bassett on Tuesday, Aug 16, 2011 at 10:41:07 AM
I read everything written by Wendell Potter! The c... by Jillian Barclay on Tuesday, Aug 16, 2011 at 2:26:01 PM
    I just went through an intervie... by Bob Gormley on Tuesday, Aug 16, 2011 at 4:30:28 PM
I understand the need for a  drug test and ma... by Jillian Barclay on Wednesday, Aug 17, 2011 at 3:13:47 AM
My nightmare was on the other end, right before I ... by David Smith on Tuesday, Aug 16, 2011 at 7:39:42 PM
Your nightmare is worse than mine! No harm, huh? I... by Jillian Barclay on Wednesday, Aug 17, 2011 at 3:34:15 AM
The U.S. is unique in the industrialized world for... by Jill Herendeen on Wednesday, Aug 17, 2011 at 6:59:20 AM
Bravo! PAY OR DIE insurance leaves much to be desi... by Jillian Barclay on Wednesday, Aug 17, 2011 at 8:23:21 PM
in the US but in countries that have a viable safe... by Archie on Wednesday, Aug 17, 2011 at 10:53:51 AM
Yes, there are people from ALL walks of life who b... by Cheryl Biren on Wednesday, Aug 17, 2011 at 1:49:19 PM
of course not. I am simply telling you a story tha... by Archie on Wednesday, Aug 17, 2011 at 2:48:34 PM
Being pregnant and being denied employment becau... by Jillian Barclay on Wednesday, Aug 17, 2011 at 8:17:34 PM
you misunderstood but I am speaking of countries w... by Archie on Wednesday, Aug 17, 2011 at 11:36:46 PM
I apologize. I should have realized that you were ... by Jillian Barclay on Thursday, Aug 18, 2011 at 3:24:47 AM
The price of your medical coverage is typical thro... by Jillian Barclay on Thursday, Aug 18, 2011 at 3:38:32 AM