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

By       Message Jillian Barclay     Permalink
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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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