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Wed Feb 27, 2013, 09:01 PM

Ah Ed, love you dearly, but in most states it is not illegal to ask a job candidate if they are gay

Gays are not a federally protected class. Nor are they covered in most states, including such blue states as PA, MI, VA, and OH.

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Arrow 13 replies Author Time Post
Reply Ah Ed, love you dearly, but in most states it is not illegal to ask a job candidate if they are gay (Original post)
dsc Feb 2013 OP
southernyankeebelle Feb 2013 #1
dsc Feb 2013 #5
southernyankeebelle Feb 2013 #13
procon Feb 2013 #2
Hulk Smash Feb 2013 #3
NYC Liberal Feb 2013 #4
OldDem2012 Feb 2013 #6
dsc Feb 2013 #7
OldDem2012 Feb 2013 #10
dsc Feb 2013 #11
slackmaster Feb 2013 #8
dsc Feb 2013 #9
slackmaster Feb 2013 #12

Response to dsc (Original post)

Wed Feb 27, 2013, 09:08 PM

1. Are you sure. I would think that should be illegal.

 

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Response to southernyankeebelle (Reply #1)

Wed Feb 27, 2013, 09:55 PM

5. Quite sure

In every southern state except MD it is legal. It is legal in the West except on the coast, Hawaii, Colorado, and New Mexico. It is legal in the entire plains except Iowa and Minnesota. It is legal in the industrial midwest except in Illinois. It is also legal in PA.

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Response to dsc (Reply #5)

Thu Feb 28, 2013, 09:02 AM

13. That is shocking

 

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Response to dsc (Original post)

Wed Feb 27, 2013, 09:23 PM

2. Its illegal in California

In a long list of other personal or discriminatory questions, you can't a job applicant about their sexual orientation.

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Response to dsc (Original post)

Wed Feb 27, 2013, 09:30 PM

3. very true here in michigan

 

People find it hard to believe a private at will employer can not only refuse to hire gays, he can openly fire anyone who he learns is gay or even thinks may be gay, etc. Not a protected class. Except some cities do offer protection forexual orientation such as Traverse City.

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Response to dsc (Original post)

Wed Feb 27, 2013, 09:51 PM

4. Luckily it is here in NY.

What can they ask?
Someone who interviews you for a job should not ask you questions about:
- Age
- Race
- Creed
- Color
- National origin
- sexual orientation
- Veteran/military status
- Gender
- Marital/family status
- Disability
- Arrests not followed by conviction


http://www.labor.state.ny.us/careerservices/PDFs/p117.pdf (PDF)

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Response to dsc (Original post)

Wed Feb 27, 2013, 10:03 PM

6. Sorry, but that falls under the following question you may not ask during an interview....

"2. So tell me, boyfriend or girlfriend ... or both? Simply put, the sexual preference of an applicant should have no bearing on whether he or she can perform the job."

.....and....

Sadly, asking an applicant their greatest weakness is fair game, as are any other clever way to discover if an applicant has the skills and personality to fit with a company's culture. But, any question aimed at an individual's personal attributes, orientation, or personal background is not only off-limits, but illegal. As a job-seeker, confronting an illegal interview question can be uncomfortable, if not downright awkward to address; but the bottom line is that you do not have to answer them, and can tell the employer that their line of questioning is illegal or report the company to a local Equal Employment Opportunity office.

10 Things You Can't Be Asked at a Job Interview

PERSONAL NOTE: I'm not just spouting legalese....I have 23 years of practical work experience in Human Resources and recruiting.

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Response to OldDem2012 (Reply #6)

Wed Feb 27, 2013, 10:05 PM

7. I am a gay man I think I know if I am covered by non discrimination laws or not

we aren't in much of the US.

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Response to dsc (Reply #7)

Wed Feb 27, 2013, 10:12 PM

10. If any HR person asks you questions along those lines you can sue the crap out of them....

....and I've worked in locations in Massachusetts, Rhode Island, Michigan, Illinois, West Virginia, California, Virginia, Maryland, New York, Missouri, Alabama, and Washington, DC. Although I'm not a lawyer, I do know employment law.




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Response to OldDem2012 (Reply #10)

Wed Feb 27, 2013, 10:16 PM

11. As a teacher in MS I had to sign a contract that stated I would abide by a sodomy law

and the same law was used to not issue teaching licenses. I can't see why they can't ask you if you are gay since I can indeed be fired for it. I will say that asking if I have a girlfriend or boyfriend would be off limits (family status is protected) but the simple question straight or gay isn't off limits.

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Response to dsc (Original post)

Wed Feb 27, 2013, 10:06 PM

8. Are you talkijng back at your TV through DU?

 

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Response to slackmaster (Reply #8)

Wed Feb 27, 2013, 10:08 PM

9. I am hoping a producer of his monitors DU

frankly the fact that many sympathetic people believe we can't be discriminated against is one of the chief reasons we can be discriminated against.

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Response to dsc (Reply #9)

Thu Feb 28, 2013, 12:18 AM

12. Thanks. I'm glad I live in a state where that kind of discrimination is illegal.

 

Congress has been too slow in taking it to the federal level.

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