(Closed) Was this borderline illegal?

posted 7 years ago in Career
Post # 32
Member
1603 posts
Bumble bee
  • Wedding: August 2014

You’re overreacting, though I do see why you would get defensive about it. The interviewer sounds like he was otherwise a nice guy, so I hope you get the job!

Post # 33
Member
470 posts
Helper bee
  • Wedding: July 2014

View original reply
@AB Bride:  Well maybe not resigns, but takes a significant time off work. So she is allowed to tell them, but they are not allowed to say ‘Hey you’re pregnant! Congratulations!’ because they could get sued? When did our world become like this? 

 

I don’t agree with them. I think it’s ridiculous you’re not allowed to mention facts that may be very relevant to a position. Soon it will get to the point we can sue an employer because they wouldn’t hire us because they pointed out we didn’t have the correct experience for the job, and therefore discriminating. It’s getting insane. 

 

Post # 34
Member
982 posts
Busy bee

@LadyBlackheart:  I think you’re overreacting. I don’t think he meant to be rude in any way. If you didn’t get the job based on your hearing, that would be illegal. He probably wasn’t going to ask at all, that’s just something people say!

When I started my job, I had to fill out a ton of forms, and one of those was stating any disabilities or current injuries I had – this is so they can make allowances for the employee to work in a safe, comfortable environment. 

Post # 35
Member
7610 posts
Bumble Beekeeper
  • Wedding: June 2013

I think you’re overreacting. I’m pretty sure there is nothing wrong with asking.

Post # 36
Member
11517 posts
Sugar Beekeeper
  • Wedding: May 2014

View original reply
@nadnuk:  oh okay.  i’m not in the US and I also don’t have any disabilities.  Here, i think, they’re allowed to ask if you have any disabilities that would prevent you from performing job requirements (or something to that effect).  I know we can’t be asked if we smoke, if we have kids, if we’re married etc… my bosses always try and get candidates to reveal this information without being asked.

 

Post # 37
Member
10635 posts
Sugar Beekeeper
  • Wedding: January 2011

View original reply
@Rainstorm77:  The question in the OP wasn’t should this be illegal, it was is it.  Your opinions might be more suitable for a different thread.

Post # 38
Member
10635 posts
Sugar Beekeeper
  • Wedding: January 2011

View original reply
@MsGinkgo:  I’m not 100% certain, but I don’t even think they can do that.  I think it’s more about asking about abilities.  Ie. Are you capable of carrying a 30 kg box so many metres if it’s relevant to the job, etc.

Post # 39
Member
2783 posts
Sugar bee
  • Wedding: August 2012

…how on earth is this borderline illegal? He didn’t ask. Let it go.

Post # 40
Member
486 posts
Helper bee
  • Wedding: February 2014

View original reply
@Rainstorm77:  This is a US bee, and according to the ADA (Americans with disabilities act) her employer/potential employer cannot discriminate based on disability and must make reasonable accomodations for a disibility. Therefor it’s illegal for her to not get the job because her disability makes her unable to do a job function, because they have to make reasonable accommodations if they hire her. 

 

And they cannot ask or talk about things like this so there is NO way they can be accused of discrimination. It protects interviewees rights to privacy, and protects employers from lawsuits. 

Post # 41
Member
211 posts
Helper bee
  • Wedding: October 2014

It seems like he was just genuinely unsure why you didn’t respond when he entered the room and it was then making sense to him when you explained you were hard of hearing. 

Post # 42
Member
470 posts
Helper bee
  • Wedding: July 2014

View original reply
@AB Bride:  Actually, she also asked if she was overreacting, to which the majority of people have said yes. I said yes, and elaborated. I am allowed to have my opinion on any thread I like, unless that’s becoming illegal too. 

Post # 43
Member
470 posts
Helper bee
  • Wedding: July 2014

View original reply
@jb20:  Yeah, I know US laws are different to Australian.. I guess Aussies don’t sue each other for looking sideways at the wrong person or making it illegal to ask a question that can physically hinder their job performance. Don’t get me wrong – my SO is an American solicitor! I think it’s absolutely crazy what Americans will sue each other over so I really shouldn’t be shocked about anything that happens there. But I will still give my opinion on it 😉 I definitely give my opinion to my SO about Americans being sue-happy. It all feels like a giant episode of Judge Judy. 

Post # 44
Member
486 posts
Helper bee
  • Wedding: February 2014

View original reply
@Rainstorm77:  Some lawsuits are frivolous, yes we are sue happy, but having laws to protect disabled people isn’t that crazy. My dad became disabled when I was a kid and got fired for it, and we struggled for a lot of years over it. If the laws were how they are now back then, we wouldn’t have had to deal with that. 

Post # 45
Member
9541 posts
Buzzing Beekeeper
  • Wedding: August 2013

First, I can understand why you would be sensitive about this and don’t blame you for that. But I wouldn’t worry about this. I don’t think he meant anything by that except to recognize that he had noticed that you didn’t hear him earlier. Honestly, he may have wanted to ask so that he could make sure the interview was clear, not because he wouldn’t hire you for it. I work with people with all sorts of different kinds of disabilities and while I woudl never ask, I always appreciate knowing about things like difficulty hearing just so that I can make a concious effort to speak clearly and not look off in the other direction. See what happens from here. But I don’t necessarily think this was him thinking anything bad about you and your hearing.

Post # 46
Member
10635 posts
Sugar Beekeeper
  • Wedding: January 2011

View original reply
@jb20:  +1

I also find it quite rude for someone to state their displeasure about laws to protect people with disabilities from being discriminated against in a thread such as this.

The topic ‘Was this borderline illegal?’ is closed to new replies.

Find Amazing Vendors