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  1. #1
    Join Date
    Mar 2013
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    Default Can an Employer Ask You About Your Attitude and Reputation

    My question involves labor and employment law for the state of: OHIO

    I work at a call center, we have a client in NY that we work for. I was interviewed for a supervisor position and two things happened that I am not sure are legal or not. One of the interviewers asked me this question, "why are you even applying for this job when you have a reputation as being rebellious towards management?" This question I was not expecting and I got nervous and answered with information about my personal finances and personal matters. I did not get the job and when the manager told me this he said, "you werent even eligible for the position I just wanted your input."

    Another time I entered the manager's office and he said he heard that I was going to file a complaint with corporate (our client) and threatened that if I do I could lose my job.

    I also issued a formal complaint against two of the managers at my location for the interview question to my head boss. He called me into his office and said he talked with them already and there's nothing he is going to do about it and said I took it wrong and the question was to see how I would react to situations a supervisor may face. I dont know how "why did you even apply for this position when you have a rep as being rebellious towards management" has anything to do with how I would react to a situation?

    Are these questions legal?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: You Can and Can't Ask at an Interview

    Nothing illegal about it.

    Perhaps unprofessional, but not illegal.

  3. #3
    Join Date
    Sep 2010
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    19,427

    Default Re: You Can and Can't Ask at an Interview

    Eh? They asked you why you wanted to be in management since you were rebellious about management and you answered by telling them you needed the money and it surprises you that they didn't bite? "Because I need the money" isn't a compelling answer to most any question.

    Your subsequent hissy fit pretty much reinforces you aren't of the material for a supervisory position.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,211

    Default Re: You Can and Can't Ask at an Interview

    There is only one question that is out and out illegal to be asked in an interview, at least in most states. That question is, Do you have a disability?

    There are a few other questions, related to protected characteristics, that a wise employer will not ask. It is not illegal to ask the questions, but it is illegal to use the answers in making employment decisions. So an employer with any brains will not ask the questions in the first place, since if he doesn't ask the questions he can't be accused of using the answers illegally.

    However, the questions you are asking about are not even CLOSE to illegal.

  5. #5
    Join Date
    Sep 2010
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    19,427

    Default Re: You Can and Can't Ask at an Interview

    Actually, that question is legal in many states as long as you don't have to answer it. It's up there with whether you're female, latino, a veteran, or some other minority.

  6. #6
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: Can an Employer Ask You About Your Attitude and Reputation

    I was not shocked to be asked a similar question, when interviewing for a management position. I have a lot of experience on both the management and the union sides of companies. I was just as critical of my companies corporate decisions as I was about defending their mid level managers. I was always a pro company man though.

  7. #7
    Join Date
    Jun 2006
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    Massachusetts
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    24,211

    Default Re: You Can and Can't Ask at an Interview

    It's illegal under Federal law.

  8. #8
    Join Date
    Sep 2011
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    OH10
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    Default Re: You Can and Can't Ask at an Interview

    Quote Quoting cbg
    View Post
    It's illegal under Federal law.
    Not calling you wrong CBG because I know you are the expert here. Could you link it. I would like to learn more.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,427

    Default Re: You Can and Can't Ask at an Interview

    Quote Quoting cbg
    View Post
    It's illegal under Federal law.
    Every job application I've made in the last six months asks. We better sick the feds up on themselves, it's on the FEDERAL application along with such major corporations as Hughes, Gannett, etc....

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,211

    Default Re: You Can and Can't Ask at an Interview

    The Feds are often exempt from the laws they inflict on the rest of us.

    It IS legal to ask if you are able to perform the essential functions of the position, with or without an accomodation.

    As for the rest, see the attached from the EEOC:

    http://www.eeoc.gov/facts/jobapplicant.html#potential

    While my response above is somewhat simplistic in its execution, the spirit remains true.

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