Please settle an argument. My boss wants me to ask applicants if they have a car. I think that is discrimination... I believe can only ask if they have reliable transportation. What do I do?

You can ASK nearly anything. The problem is when you use that information discriminatorily to make a decision. If you don't ask, then you can't be accused of discriminatory practices. If reliable transportation is a requirement for the job, then by all means ask it. But if what you're concerned about is them being to work on time and consistently, then just ask them if they will have any problems being at work on time and consistently.

A question about car ownership could be viewed as a way to ask about an applicant's economic status and have an adverse impact on minority group members. Asking whether a person has reliable transportation or saying, "Can you work these days and hours? Can you work overtime if necessary?" is preferrable. Ultimately, the goal is to determine whether the employee will be dependable.

A question about car ownership could be viewed as a way to ask about an applicant's economic status and have an adverse impact on minority group members. Please! are you serious? where did you pull that one from?

Please, lose the attitude mlane58. There have been cases where this question has been litigated and where questions about both car and home ownership have been used to discriminate. Many employers now steer well clear of any such questions because, as noted, while it's not illegal to ask, it's illegal to use the information to discriminate.

Please, lose the attitude mlane58. There have been cases where this question has been litigated and where questions about both car and home ownership have been used to discriminate. Many employers now steer well clear of any such questions because, as noted, while it's not illegal to ask, it's illegal to use the information to discriminate.

I don't have an attitude! Cite the cases, I would like to see them.

"Are you serious" has just the teensiest hint of attitude in it on screen. Maybe you didn't mean it that way.

Unfortunately, my free Lexis-Nexis source (my husband's office) has dried up so I can't pull cases. It had to do with an employer who was using car ownership questions to weed out applicants who lived in the inner city where most residents were minority group members.

The issue is prominent enough that the advice to not ask the car question shows up in a lot of guides on "how to do an interview and not get sued", if not most of them these days.

EDITED TO ADD: Several years ago, I did not get a job for which I'd applied and was told that it was because I would be taking public transportation to work, so I did some research on it back then. Unfortunately, I don't remember the name of the case.

Stick with what Patty and Marketeer posted and dont push the envelope.

"Do you have reliable transportation?" is an innocuous question.

You can also ask, "If I were to call you last (or current) supervisor, how many times would they tell me you were late of absent this/ last year?"

You can get reliability and dependability answers that way.

FYI. You can find out about health conditions by asking if the person would need any accomodations in order to perform duties. This works best if applicant supplied with job decsription to read.

Just some thoughts to add.

If driving one's own car is required for the job, such as someone required to travel to multiple sites not accessible by mass transit or work as a deliver person, then yes, by all means you can ask if they have a vehicle.

If you really want to find out if they are going to show up on a regular basis or whether they have reliable transportation, asking if they own a car isn't going to give you the information you seek, so you are better off not asking. Someone could have a car that breaks down every other day or not own a car but be able to carpool with their neighbor who also works there.

Unless a particular position requires employees to have a good financial record, the EEOC and the courts take the position that the refusal to hire an applicant because of a poor credit status can be problematic because minorities and single mothers tend to have poorer credit records and a lower socioeconomic status generally. For this reason, the EEOC views with suspicion any investigation into an applicant’s financial background, including inquiries as to bankruptcy, car ownership, home ownership or wage garnishments, unless it is directly related to the position (e.g., bank teller).

Wow... great info. Thanks!