Announcement

Collapse
No announcement yet.

Personal info on Resumes

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Personal info on Resumes

    Greetings!

    We are an engineering consulting firm. I am fairly new to this role and Managment has been using for several years now a template for their employees and prospective employees they submit for jobs.

    The resume template includes work experience, duties, dates of employement, affliations and professional licenses the employee has.

    Also included on the resume is, height, weight, date of birth, citizenship, maritial status, health status and place of birth.

    I was under the impression that, we are not suppose to give that information to anyone. Management said they have always placed that information since some jobs require to know that information. They said in this industry our clients must know what type of person we are presenting to them. Some of these people aren't even our employees yet.

    Is this legal? If a person finds out we are providing this information to a potential client and he doesn't get the job could he sue us?

    Thanks,

  • #2
    There is nothing that you legally cant ask. However, you also have to be able to prove (and the burden in on the employer) that you didnt use any protected information when you made a decision about the applicant.

    The areas that could really get you into trouble are place of birth and citizenship,(national origin discrimiation), health status, weight in some case(Americans with Disabilities ActAA), and date of birth (Age Discrimination in Employment Act).

    What you need to do is really look hard and first- Do you actually need any of that information and 2- can you ask that information in a non-discriminatory manner.

    For example, you dont really need date of birth until the person is hired or unless you are doing background checks. For background checks, you might ask the information on a separate sheet that isnt seen by the person hiring.
    Beyond that, you need to know if the person is over 18 and thus not subject to child labor laws. That could be asked as Are you over 18? That gets away from exactly how old the person is.

    While you need to know if the person has the legal right to live and work in the US, where they were born is irrelevant. You could merely ask if they have that right...and if they do, they should be treated the same as anyone who was born here.

    Your company is wading in some very treacherous waters by asking what they do. They'll probably say "but we've always done this" or "we've never had a problem until now" but how much business will it take to make up the large settlement they could be paying out if they cant show that the reason they didnt hire candidate A was because of his qualifications and not because of his age, physical status, or national origin??
    I find that the harder I work, the more luck I seem to have.
    Thomas Jefferson

    Comment


    • #3
      It's not ILlegal, because there is no law that prohibits it.

      It is, however, a stupid, stupid thing to do, because making decisions on some of those characteristics IS illegal, and if you don't have the information you can't be accused of making employment decisions on that basis. So while I cannot point you at a law that expressly prohibits the recording and passing on of that information, it could easily land you on the wrong end of a discrimination suit that you would have a very difficult time defending.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        cbg said it a lot more succintly than I did!
        I find that the harder I work, the more luck I seem to have.
        Thomas Jefferson

        Comment


        • #5
          Managment's reason for including this information to the client is that if the job requires a person of a certain age and we present a prospective employee to them that is younger we could lose the bid. Also, if the person is married, that shows 'stability' and it could also let the client know what type of schedule this prospective client, on rotation or if any other budget should be shelled out for family visits.

          I just find it very astonishing that they would even want to present someone's information to prospective clients that see hundreds of resumes and probably get filtered by the secretary. But they claim thats how the oil & gas field works and its very different from the world that I am from 'corporate'.

          Comment


          • #6
            "We want a person of a certain age" is well recognized by the courts as code for "we want someone young." and that will cause you problems.

            I hate to break it to your people who are apparently living in the 60's but being married does not equal stability...take a look at all the 'stable" married people on Springer!! Plus, while marital status is not a protected characterisic, family obligations are in some states and not wanting to hire someone because they may have family emergencies is really shortsighted. Single people dont have family emergencies??

            It really sounds to me that they want a certain kind of person and may very well be discriminating illegally.
            Last edited by Morgana; 07-14-2009, 09:57 AM. Reason: additional clarification
            I find that the harder I work, the more luck I seem to have.
            Thomas Jefferson

            Comment


            • #7
              Managment's reason for including this information to the client is that if the job requires a person of a certain age and we present a prospective employee to them that is younger we could lose the bid. Also, if the person is married, that shows 'stability' and it could also let the client know what type of schedule this prospective client, on rotation or if any other budget should be shelled out for family visits.

              Well, I hope your management will enjoy being a defendant or co-defendant in a discrimination claim/lawsuit. Nor does being married indicate stability. Who is more stable - the many year professional who has never married or someone who has married and divorced three or four times?

              But they claim thats how the oil & gas field works and its very different from the world that I am from 'corporate'. That's a load of B.S. excuses that they use to self-justify engaging in prohibited discrimination.

              Comment


              • #8
                While marital status is not a protected characteristic under Federal law, it is under the law of many states, including mine. I wouldn't want to try to defend that "married = stability" theory in court, either.

                There are only very limited reasons why a job can legitimately require a particular age, and when it comes to engineering I can't think of any. Your management is BEGGING for someone to sue them. And your management will lose.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  I'm afraid I must agree with the others. You may get away with these high risk behaviors for awhile, but all it takes is one person filing one complaint to bring more whoopa$$ down on your company than they will want.

                  Think of it this way. There is nothing illegal about smoking 4 packs of cigs a day, living on a diet consisting of big macs and twinkees and snickers bars, guzzling a quart of gin at home after work, and having frequent unprotected sex with strangers. Wanna lay odds on your life expectancy?
                  The only thing spammers are good for is target practice.
                  No trees were destroyed in the sending of this message, but a bunch of electrons and phosphors have been a tad inconvenienced.

                  Comment


                  • #10
                    ****. Guess I better change my ways.

                    Comment


                    • #11
                      Originally posted by Beth3 View Post
                      ****. Guess I better change my ways.

                      I was just going to say the same. Can I replace the candy and the gin with pizza and Bailey's?
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment


                      • #12
                        I think it safe to say that the posters here (masked or otherwise) agree, mvillagran, that resume template needs to be changed. The arguement that "we've always done it this way" makes about as much sense as insisting on sending letters by Pony Express once the rail line was completed. Of course the bosses there have the right to insist on doing things their way, and you can only advise them and not force them to change. So here's hoping they don't get the opportunity to learn the hard way here.

                        I can see Hollywood using the basic plot (after sexing it up a tad) for a movie and can almost hear the movie trailer now.

                        They were stuck in a time warp and thought it was still the 60s. They couldn't accept that times had changed and were too stubborn to admit they were wrong. Come see the movie about corporate stupidity that has Roger Ebert giving it three thumbs up and only one thumb sideways. Come see "The Naked and the Dead". Starring:

                        Beyonce, as the highly qualified job applicant
                        Brad Pitt, as the hungry attorney looking for his first big case
                        Angelina Jolie, as his sex starved mistress
                        Danny Devito, as the powerful corporate CEO
                        and
                        Tony the Wonder Slug, as mvillagran's boss
                        The only thing spammers are good for is target practice.
                        No trees were destroyed in the sending of this message, but a bunch of electrons and phosphors have been a tad inconvenienced.

                        Comment


                        • #13
                          Where do you even begin to attck the attitudes of these people/employers...

                          Some of the information your application for employment is requesting may or may not be legal/illegal...to requesting. But there are mandates to when that information can be obtained. Many of those questions should not be asked until AFTER a job offer has been made and accepted. Eg. the marital, health, personal info. Those questions would be appropriate in the provision of ER provided benefits...health coverage comes to mind. But certainly not as a condition of employment.
                          Though the issue of smoking...at all in most cases, is becomming more and more ''legal'' discrimination. The issue is too hot for anyone to challenge. Yet. Wait 'til you can't smoke in your own home if children are involved. Cars are already included in Calif (or did that pass).
                          Sorry..off topic.

                          If this ER is not amenable to changing their ways...the litigation costs alone would be an attractive settlement to a claimant...with a **** good labor law atty taking this on contingency no doubt.

                          "Stability of marriage''... paaleeezzzz.

                          BTW... as the title to this thread is 'info on resumes'... if the applicant is providing the information on their resume, voluntarily, it would be difficult to challenge. (?)
                          Last edited by CAIW; 07-15-2009, 05:58 AM.

                          Comment


                          • #14
                            Though the issue of smoking...at all in most cases, is becomming more and more ''legal'' discrimination. The issue is too hot for anyone to challenge. Some States, including mine, prohibit discrimination in employment due to the "use of lawful products while off-duty." That includes alcohol and tobacco.

                            Comment


                            • #15
                              [QUOTE=Beth3;1060039 Some States, including mine, prohibit discrimination in employment due to the "use of lawful products while off-duty." That includes alcohol and tobacco.[/QUOTE]

                              Whew!!!
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                              Comment

                              Working...
                              X