Legal Questions Employment Issue

[allamericangirl]

what do you know about improper/illegal hr practices in hiring procedures?

i recieved am employment application in the mail from a company that came to my school's career fair. there are questions on this application that i believe are illegal and descriminatory to ask in the us. i have been an independent contractor for many years so i am not an expert, or even a novice when it comes to knowing what questions employers should not be asking potential employees. i wonder how many of us have been dupped into answering illegal and descriminatory questions because of our ignorance about employee laws and our rights.

this is a list of some of the questions that i have been asked to answer on this application that i think are illegal to ask a potitential employee.

the company's name is seniors _ _ _ and the second line under their name reads: elderly travel and companion care referral agency. i don't know if this is a franchise or an individual company. this particular co is located here in colorado.

questions i believe to be illegal:

birthdate:__________

heigth:__________ weight:__________

do you own a home?__________

please circle any of the following health related conditions, which are part of your current health status:

diabetes alcolholism arthritis

seizure disorder back problems high blood pressure

hearing problems vision problems

while seniors _ _ _ generally does not take clients who need to be lifted many of our clients need to be assisted getting in and out of bed, and in and out of chairs, etc., would you be able to assist clients in this manner? yes no

would you be able to lift a client if they had deteriorated to this point?

yes no

please name the person or persons whom we should notify in the event of an emergency.

name:___________phone:__________relationship:_________________

prior to interviewing or to stating if they are going to hire me or not, they request the following information on a separate form, which they call the

independent contractor status agreement

social security number:__________________________

driver's license number:__________________________ state:__________

my thoughts:

i may never get a job at this rate because i am very reluctant to give out some of this very private information such as ss# and drivers license # through the mail or to people that i don't know, or prior to an employment relationship with someone.

i have no problem with giving adequate information specifically to a background check company so that a background check may be done ... if the information is also made available to me for my review so that i know what is being said about me and that the information being given is correct or incorrect. i would be willing to give the information to the background check company personally, or send it to them registered mail in a sealed envelope, but ai am not willing to hand this information over to some hr persone somewhere, or to someone that calls themselves a placement company.

am i out of line here?

[jaimemds]

sounds like a scam. The health q's they will have answered with your employee physical, but why should it matter if you own a home???? Since it is a travel company, I would think they would ask if you have reliable transportation. Call them on it, if they give you a hard time they are probably scamming. Tell them you be happy to give over sensitive info after an employment contract is reach. BE CAREFUL!!!

[allamericangirl]

I thought that these questions were highly irregular and didn't comply with accepted hiring practices and Fed guidelines, but I just haven't fill out enough aps to know because I have worked for myself for so many years. Would love to hear more opinions and what you all have run into on employment aps. Thanks.

sounds like a scam. The health q's they will have answered with your employee physical, but why should it matter if you own a home???? Since it is a travel company, I would think they would ask if you have reliable transportation. Call them on it, if they give you a hard time they are probably scamming. Tell them you be happy to give over sensitive info after an employment contract is reach. BE CAREFUL!!!

[Jami RN, BSN, RN]

As a nurse recruiter, I can attest that all of these questions are illegal.

[allamericangirl]

Jamie:

These people were recruiting at a Health Jobs Fair at my school. The school trains CNA, Home Health Aides and LPNS. It is a very old, well respected school here in Denver, and I am certain that they are not aware that one of the companies that they had at the school is doing something like this. Of course the school's placement person is very anxious to have employers to direct the schools graduates to, but still...

I gave this co. my contact information and recieved these forms from them in the mail to fill out and return. Like I said previously, I thought they were requiring information that was illegal to ask! Most of the students are young and unaware. I am older and have lived enough of life to be skeptical, so I questioned it.

Think of the descrimination they are doing and the personal information that they are getting from people! I would like to report this company to someone but I have no idea of who this should be reported to. Do you know?

What should someone do when they are asked for information like this from a hiring company?

When you are just starting out and need a job, you are desperate enough to answer just about any question a potiential employer asks you!

I need a job where I will be able to continue to work during nursing school, and to get 6 to 9 months as a CNA under my belt to save money to start nursing school. I prefer a hospital because of the continuous variety of experience that I will get exposure to. Know any hospitals hiring in the Denver area?

I made great grades ...:) ... 100% on my written and 96% on my mannual skills finals. I need to start working to pay for the background check for the state exam: Mine is expensive because I have lived in 4 states, several different counties, and was adopted, and have been married 3 times (5 different names!), and the companies charge per name, per county, per state that you have lived in. Paying for school, books and uniforms for clinicals and not working while in school has drained my savings and I have to get a job to pay for the background check and test. It will be several hundred $s between the BG check, Promissor exam fee, and CO License fee. Colorado gives you 120 days to become certified after you begin employment.

As a nurse recruiter, I can attest that all of these questions are illegal.

[Jami RN, BSN, RN]

I'm not sure that it would do any good to report them for asking these questions. Technically, it is only illegal to discriminate against applicants based on the aswers to these questions. Still, it might not hurt to forward the application to the Colorado Bureau of Labor and Industry, or Employment Commission.

I certainly wouldn't want to work for a company that is so clueless about basic Human Resource issues -- what else do they try to do that's illegal?

If you need fast money, you could always fill out the application and if you're not hired, get an attorney and sue for discrimination. (Just Kidding!!! But that's why most companies don't ask these questions -- they're an engraved invitation for a discrimination lawsuit.)

As for jobs in the Denver area, I'm no help there, but best of luck in your job search and in nursing school!

[allamericangirl]

If you need fast money, you could always fill out the application and if you're not hired, get an attorney and sue for discrimination. (Just Kidding!!! But that's why most companies don't ask these questions -- they're an engraved invitation for a discrimination lawsuit.)

:rotfl: OMG!! LOL!!! You made me laugh out loud! :rotfl:

[Havin' A Party!, ASN, RN]

sounds like a scam...

Agree. Report it to the State Attorney General's office.

[chadash]

Wondering if there is age discrimmination in hiring nursing assistants in hospitals, because of the physical nature of the work. I have sent several applications to the hospital website, and get "not selected" constantly. They have never contacted me for an interview. I have great references, my past employers loved me. My application never makes it past HR. Could age be the red flag?

[hipab4hands]

Age can be an issue, but no employer is going to admit it. I went on a job interview recently, where the hiring manager told me that she didn't think she could hire me, because their retirement plan wasn't very good and I was going to need a good retirement plan.

I was so shocked that I couldn't even think of a response.

[chadash]

Age can be an issue, but no employer is going to admit it. I went on a job interview recently, where the hiring manager told me that she didn't think she could hire me, because their retirement plan wasn't very good and I was going to need a good retirement plan.

I was so shocked that I couldn't even think of a response.

Well, after boatloads of "not selected", I thought, why beat yourself over the head! I withdrew all my other job applications. I am going to see if they will let me volunteer once a week in hospice, so I can feel I am helping someone in some way. I still have one home health pt., and can clean houses. I just wanted to get out of home health after ten years of driving all over....

What is frustrating is IF they can't get past the fact I am old and have had so many overlapping home health pts., which I know is confusing (people die! that's why they call it hospice), that at least they would have called past employers and references to check me out. I called a doctor I cared for for 4 years, and she said that NO one had called her to check ever. She wanted to call the hospital for me, but I don't want her to do that. I don't like pounding on doors!

But despite all the equal opportunity talk, it is a fact of life that age has an impact: like a bad first impression:p !

I am so shocked the interviewer you saw was so out with it.....I bet your mouth just hung open..

[carolinapooh, BSN, RN]

I'd be willing to bet the questions about your abilities to lift a patient are perfectly legal. Since this IS a reasonable expectation, given the type of job you're applying for, my understanding is that they CAN ask you a question like that. They couldn't ask that of someone who's answering phones all day, but at least in NC, they CAN ask you about relevant abilities.

The SSN and DL are probably for credit checks and local record checks/background checks, which is probably specified in the "fine print" after that contractual statement you mentioned.

The homeowner question is weird. Could be a not-so-veiled attempt at judging stability. It's like when you apply for credit: the question "rent or own" is scored differently based on the applicant's response. Owners score higher than renters and are considered less of a credit risk. But for a job app? That one I'd have problems with. They could also be purely demographic questions, but they still seem weird.

Look up the company in the BBB and their local Chamber of Commerce. Forward the app to or call the Colorado EEOC or whatever state office is in charge of that sort of thing. Never hurts to find out.