Re:New law bans California employers from asking applicants ...
by astura on Thursday October 19, 2017 @08:29AM
(#15507280)
This is false, it is generally not illegal to ask about protected characteristics, it's only illegal to use them in hiring decisions. The distinction is important.
The reason people avoid asking (and tell others to avoid the same) is to avoid accusations or the appearance of using that sort of information in their hiring decision. You really have no defense if you ask about ethnicity and then decide not to hire that person, it's logical that you were asking about ethnicity because you wanted to use that information in your decision.
"Don't ask don't tell" is a good policy.
Once you actually have the job it's STILL just as illegal to use this information in promotions/firing decisions. However, it comes up in casual conversation all the time. People don't fret about asking a subordinate where they were born in casual conversation.
The reason people avoid asking (and tell others to avoid the same) is to avoid accusations or the appearance of using that sort of information in their hiring decision. You really have no defense if you ask about ethnicity and then decide not to hire that person, it's logical that you were asking about ethnicity because you wanted to use that information in your decision.
"Don't ask don't tell" is a good policy.
Once you actually have the job it's STILL just as illegal to use this information in promotions/firing decisions. However, it comes up in casual conversation all the time. People don't fret about asking a subordinate where they were born in casual conversation.