Anonymous
01/30/2013 20:50
Subject: Have you ever had a potential employer ask about your child care arrangements in an interview?
I wonder what the appropriate response is if someone does ask that question in an interview... trying to think what I would say. Maybe something like, "I can assure you that I would be fully committed to the position" and leave it at that?
Anonymous
01/30/2013 20:46
Subject: Have you ever had a potential employer ask about your child care arrangements in an interview?
I, too (a lawyer), think it is illegal, although it certainly has happened to me. One old guy (former judge who should have known better) had my child's stale birth announcement on top of my file and actually asked, "Don't you have something better to do with your time?" pointing to the announcement. End of that interview. Happened only 15 years ago.
Anonymous
01/30/2013 20:34
Subject: Have you ever had a potential employer ask about your child care arrangements in an interview?
Anonymous wrote:Anonymous wrote:It's illegal. Not okay.
This is a common misperception. There are no questions that are illegal. However, there are many protected classes and situations where it is illegal to base hiring decisions on certain information. Because of this, the recommendation is that if you don't ask, you can't be considering it for hiring purposes. However, it is still possible to be biased and make illegal decisions whether you ask about such information or not. For example, if a candidate comes in and is noticeably pregnant, you can still make illegal decisions without asking any of those questions. If a candidate mentions something in passing that implies that they have children or a partner with some issue or that they themselves may have an issue, you could make illegal hiring decisions and risk your company being sued for discrimation. However, just the act of asking a question is in no way illegal.
And yes, basing any hiring decisions on such information is illegal, but an interviewer could be asking just to make small talk. As I pointed out, it can be dangerous to do so, but not illegal.
Yes, technically it not illegal in the truest sense. But such a question has so much potential to make the employer liable in a discrimination suit. It may as well be illegal.
Anonymous
01/30/2013 20:26
Subject: Have you ever had a potential employer ask about your child care arrangements in an interview?
Anonymous wrote:It's illegal. Not okay.
This is a common misperception. There are no questions that are illegal. However, there are many protected classes and situations where it is illegal to base hiring decisions on certain information. Because of this, the recommendation is that if you don't ask, you can't be considering it for hiring purposes. However, it is still possible to be biased and make illegal decisions whether you ask about such information or not. For example, if a candidate comes in and is noticeably pregnant, you can still make illegal decisions without asking any of those questions. If a candidate mentions something in passing that implies that they have children or a partner with some issue or that they themselves may have an issue, you could make illegal hiring decisions and risk your company being sued for discrimation. However, just the act of asking a question is in no way illegal.
And yes, basing any hiring decisions on such information is illegal, but an interviewer could be asking just to make small talk. As I pointed out, it can be dangerous to do so, but not illegal.
Anonymous
01/30/2013 20:12
Subject: Re:Have you ever had a potential employer ask about your child care arrangements in an interview?
My understanding, and I am no lawyer, is that you can't ask about children, but you can ask if someone can meet the responsibilities of the job.
So, for example, you can ask "This job is from 10 until 7. Would you be able to work for those hours consistently?" but you can't ask "Do you have children to pick up?"
You can say, "We do not allow employees who are teleworking to provide care to others during the hours that they are on the clock. Are you able to provide a distraction free environment during the hours you'll be working?", but you can't say "Do you have kids, what's your plan for childcare?" You need to treat the people without kids the same way as the people with a SAH partner or the person who uses daycare or whatever.
So, for example, you can ask "This job is from 10 until 7. Would you be able to work for those hours consistently?" but you can't ask "Do you have children to pick up?"
You can say, "We do not allow employees who are teleworking to provide care to others during the hours that they are on the clock. Are you able to provide a distraction free environment during the hours you'll be working?", but you can't say "Do you have kids, what's your plan for childcare?" You need to treat the people without kids the same way as the people with a SAH partner or the person who uses daycare or whatever.
Anonymous
01/30/2013 20:10
Subject: Have you ever had a potential employer ask about your child care arrangements in an interview?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:It's illegal. Not okay.
+1
Under what statute or case is it illegal to ask someone about their childcare arrangements? I would agree that it is bad practice and could lead to allegations of illegal behavior depending on whether you actually hire the person, but I'm fairly sure simply asking is not illegal. I'm certainly open to being educated, though, if anyone has a cite...
http://www.pacificu.edu/offices/hr/training/interview/pdfs/LegalOrIllegalInterviewQuestions.pdf
http://www.washingtonpost.com/wp-dyn/articles/A8963-2003Apr11.html
http://humanresources.about.com/od/interviewing/a/interview_quest.htm
http://www.gsworkplace.lbl.gov/DocumentArchive/BrownBagLunches/IllegalorInappropriateInterviewQuestions.pdf
It's NOT illegal to as the question. Making an adverse employment decision based on the answer, however, IS illegal. And if you ask the question, it may give the impression that a non-hire deicsion was based on teh answer. So, not illegal to ask, but a bad idea generally.
Anonymous
01/30/2013 20:09
Subject: Have you ever had a potential employer ask about your child care arrangements in an interview?
Anonymous wrote:Anonymous wrote:Anonymous wrote:It's illegal. Not okay.
+1
Under what statute or case is it illegal to ask someone about their childcare arrangements? I would agree that it is bad practice and could lead to allegations of illegal behavior depending on whether you actually hire the person, but I'm fairly sure simply asking is not illegal. I'm certainly open to being educated, though, if anyone has a cite...
Go back and look at the EEOC pub I posted earlier. It is indeed illegal to ask.
Anonymous
01/30/2013 19:58
Subject: Have you ever had a potential employer ask about your child care arrangements in an interview?
Anonymous wrote:Anonymous wrote:Anonymous wrote:It's illegal. Not okay.
+1
Under what statute or case is it illegal to ask someone about their childcare arrangements? I would agree that it is bad practice and could lead to allegations of illegal behavior depending on whether you actually hire the person, but I'm fairly sure simply asking is not illegal. I'm certainly open to being educated, though, if anyone has a cite...
http://www.pacificu.edu/offices/hr/training/interview/pdfs/LegalOrIllegalInterviewQuestions.pdf
http://www.washingtonpost.com/wp-dyn/articles/A8963-2003Apr11.html
http://humanresources.about.com/od/interviewing/a/interview_quest.htm
http://www.gsworkplace.lbl.gov/DocumentArchive/BrownBagLunches/IllegalorInappropriateInterviewQuestions.pdf
Anonymous
01/30/2013 17:56
Subject: Have you ever had a potential employer ask about your child care arrangements in an interview?
If your nanny has a child (children), do you ask about her child care? What's good for the goose is good for the gander.
Anonymous
01/30/2013 16:04
Subject: Have you ever had a potential employer ask about your child care arrangements in an interview?
Anonymous wrote:Anonymous wrote:It's illegal. Not okay.
+1
Under what statute or case is it illegal to ask someone about their childcare arrangements? I would agree that it is bad practice and could lead to allegations of illegal behavior depending on whether you actually hire the person, but I'm fairly sure simply asking is not illegal. I'm certainly open to being educated, though, if anyone has a cite...
Anonymous
01/30/2013 15:48
Subject: Re:Have you ever had a potential employer ask about your child care arrangements in an interview?
Anonymous wrote:Anonymous wrote:Anonymous wrote:I've had people ask what hours I'm available to work, and what flexibility my schedule has in it. In my case, I need standard office hours (9-5:30 or 8:30-5) because I have to pick DD up from daycare by 6. I can work from home later, and with a little bit of notice (i.e. not "Hey, can you stay another 2 hours?" as I'm walking out the door), I can stay later. But a flexible schedule or an office where 10-6 is the standard will not work for my situation.
Do you take 1/2 hour for lunch? Or is 37.5 hours/week just standard in your line of work? Not judging, just curious.
Not the PP, but it is in my office. The tradeoff? Loyal employees who work hard and get the job done.
Am the PP, and at my last 3 jobs, 37.5 hours/week has been standard. The offices who asked what hours I was available were similar offices and the positions were not terribly different.
I'd be fine working more hours if there was some flexibility on when the work could be done - like, core office hours of 9-5:30 with everyone putting in a 9-10 hour day and the other work being done remotely. It just hasn't been a possibility in the positions I've held recently.
Anonymous
01/30/2013 15:37
Subject: Re:Have you ever had a potential employer ask about your child care arrangements in an interview?
Anonymous wrote:Anonymous wrote:I've had people ask what hours I'm available to work, and what flexibility my schedule has in it. In my case, I need standard office hours (9-5:30 or 8:30-5) because I have to pick DD up from daycare by 6. I can work from home later, and with a little bit of notice (i.e. not "Hey, can you stay another 2 hours?" as I'm walking out the door), I can stay later. But a flexible schedule or an office where 10-6 is the standard will not work for my situation.
Do you take 1/2 hour for lunch? Or is 37.5 hours/week just standard in your line of work? Not judging, just curious.
Not the PP, but it is in my office. The tradeoff? Loyal employees who work hard and get the job done.