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I went on an interview last week for an art teaching position at a Christian school here in GA. The principal asked me many questions including my age and my marital status. I answered her and got a response of " wow you're 30 and still single?" I thought that was so absolutely inappropriate. She seemed to think I looked younger but lets not split hairs here.
I had no idea these questions were illegal until discussing this experience with a few friends. One person told me I could potentially sue them for this type of questioning, citing maybe they might feel a woman my age and marital status might be immoral or something along those lines. It's a leap but I have not gotten the 2nd interview call and the principal said during the interview, and I quote "you are qualified."
Do you think I have a case here?
AL HR
08-29-2006, 02:35 PM
These questions ARE NOT illegal. It's how the answers are used that could be illegal. I can ask you what country you are from, how many kids you have, how old you are, etc, and you can't do anything. HOWEVER, if you can prove that I discriminated against you because of your answer, then you can sue. That's why most HR Reps in their right minds won't touch those questions.
Of course proving that you were discriminated against because of how you answered a question can be very difficult.
HeatherBee8989
08-29-2006, 02:42 PM
I had a feeling someone would say that. Mainly because most applications request that info anyway. How to prove this baffles me and I am not sure if this is even a case of discrimination yet.
Thanks so much for clearing that up for me. I am going to investigate a little further and see what I can glean.
Marketeer
08-29-2006, 06:17 PM
If the school is affiliated with a church, there's a good chance that it's exempt from most anti-discrimination laws anyway.
mitousmom
08-29-2006, 08:34 PM
If the school is affiliated with a church, there's a good chance that it's exempt from most anti-discrimination laws anyway.
Not exactly true. Here's what EEOC has to say: Title VII does not apply to discrimination by a religious organization on the basis of religion in hiring and discharge. The exemption applies to an organization whose "purpose and character are primarily religious." This determination requires a weighing of all significant religious and secular characteristics.
The exemption applies to all positions; however, discrimination is not permitted on any basis other than religion. In addition, the exemption only applies to hiring and discharge, and does not apply to terms, conditions, or privileges of employment, such as wages or benefits. http://www.eeoc.gov/policy/docs/threshold.html#2-II-A-1-c
robb71
08-29-2006, 08:45 PM
The OP always has the option of making a claim with EEOC.
I agree that the questions asked during the interview were inappropriate. The question in itself are not unlawful. As stated previously the unlawful action would be using the answers as a factor to disqualify the OP from employment. Proving such a case is often difficult.
The OP may wish to pursue such an action. Even if she's not victorious, I'd bet the hiring practices at this Georgia school will be reviewed with scrutiny.
mitousmom
08-29-2006, 09:03 PM
The OP always has the option of making a claim with EEOC.
Even if she's not victorious, I'd bet the hiring practices at this Georgia school will be reviewed with scrutiny.
I doubt that EEOC would investigate the OP's claim or scrutinize the school's hiring practices. It's not illegal to ask the questions and there's no indication that the school hired anyone for the job. Marital status is not covered by the laws EEOC enforces and age is covered for those 40 years old and older.
ElleMD
08-30-2006, 07:50 AM
If you just interviewed last week, you are really jumping the gun to assume that you weren't chosen and that the answers to the questions asked were the reason. As mitousmom points out, neither marital status nor being under 40 is protected by law (at least where you are).
The most likely explanation is that 1. they haven't made up their mind who to invite for 2nd interviews or even finished the first round. 2. while you met the qualifications, someone else further exceeded them in some way.
You can always send a follow up thank you note and let them know you are still interested.
GotSmart
09-01-2006, 12:16 PM
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I went on an interview last week for an art teaching position at a Christian school here in GA. The principal asked me many questions including my age and my marital status. I answered her and got a response of " wow you're 30 and still single?" I thought that was so absolutely inappropriate. She seemed to think I looked younger but lets not split hairs here.
I had no idea these questions were illegal until discussing this experience with a few friends. One person told me I could potentially sue them for this type of questioning, citing maybe they might feel a woman my age and marital status might be immoral or something along those lines. It's a leap but I have not gotten the 2nd interview call and the principal said during the interview, and I quote "you are qualified."
Do you think I have a case here?
Having studied the art of interviewing, I have found that 90% of the hireing process is done from a personal level. In a case where you will be dealing with children all day, questions as to your age, and marital status are valid to get you to relax and open up. I am in my mid 40's and every time I interview for a teaching position I make it a point to present myself as a person that is not easily offended. There are plenty of "qualified" teachers out there, but they are looking for an exceptional person. A law suit will only brand you as a trouble maker. Next time try to convey your love for children.
My favorite responce is to talk about the feeling I get when a child has "the concept" hit them. The look on a childs face when they reach a life crossroads is worth the $100K (per year) loss in pay I am taking in education. To know I was the one to put it there makes me "high" for weeks"