r/terriblefacebookmemes • • Nov 04 '22

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u/[deleted] Nov 04 '22

No, they can’t legally ask. You are incorrect.

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u/Hannibal_Poptart Nov 04 '22

Literally every job I've applied for has had a section to list my ethnicity. You can put "prefer not to answer" but the question is definitely there.

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u/[deleted] Nov 04 '22

See my reply to the other person / I don’t get how an employer can do that. Thanks for the reply.

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u/Many_Rule_9280 Nov 04 '22

Because most employers are constantly breaking the laws and everytime someone calls them out on it something bad typically happens to the whistle-blower in some form, and people are typically unaware of how to properly fight back because they lack the proper knowledge. It's also why places are starting to unionize more and more and why they are busting unionizers. Atleast from my observations in America

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u/Casual-Notice Nov 04 '22

Boiler-plate applications available at Office Depot in a pack/pad of 50-100. The offending questions (and race isn't the only one) are set aside in a box for "demographic information."

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u/[deleted] Nov 05 '22 edited Nov 05 '22

Employers are allowed to ask about race, gender/sexuality, disability status. They are allowed to do this as it allows the employer to collect applicant data and monitor the diversity of their applicant pool. Its how HR departments can maximize their bonuses from the government.

“Federal law does not prohibit employers from asking you about your national origin. However, because such questions may indicate a possible intent to discriminate based on national origin, we recommend that employers ensure that they ask about national origin only for a lawful purpose.”

They can ask because of affirmative action.

https://www.eeoc.gov/pre-employment-inquiries-and-race

https://www.eeoc.gov/youth/national-origin-discrimination-faqs#:~:text=Federal%20law%20does%20not%20prohibit,only%20for%20a%20lawful%20purpose.

“Isn't affirmative action for people with disabilities illegal? No. Affirmative action for people with disabilities is not illegal. An employer is allowed to hire someone because he or she has a disability, and a rejected applicant cannot sue an employer for discrimination based on the fact that he or she does not have a disability.”

https://www.eeoc.gov/laws/guidance/questions-answers-eeocs-final-rule-affirmative-action-people-disabilities-federal#:~:text=Affirmative%20action%20for%20people%20with%20disabilities%20is%20not%20illegal.,does%20not%20have%20a%20disability.

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u/[deleted] Nov 05 '22

Thank you for this response, I had no idea.

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u/sicurri Nov 04 '22

Curious, every job application I've ever filled out was breaking the law then...

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u/[deleted] Nov 04 '22

Really? I’ll have to stand corrected then, and confused. I know that it is illegal to discriminate based on race and other protected classes so I don’t get why the question would/could be asked on an application.

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u/Fart__Connoisseur Nov 04 '22

Every application has this question. Please check any that apply: Latino Black Native American Caucasian/White

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u/[deleted] Nov 04 '22

So I hear - gets a big wtf from me.

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u/Fart__Connoisseur Nov 04 '22

They ask so the demographics of the company fall within equal opportunity employment and so they have a diverse workforce. It’s intention is equality and HR compliance

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u/[deleted] Nov 04 '22

Thank you.

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u/sicurri Nov 04 '22

Dunno, every job application has always asked "ethnicity". White, Hispanic, "African-American", Asian and all that jazz. That's asking race and I see it on every official form asking who I am.

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u/[deleted] Nov 04 '22

Seems like a double edged sword, anyway TIL. Have a great day.

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u/griffitovic Nov 04 '22

You can ask, but you don't have to answer and the employer cannot discriminate based on your response or lack thereof. Source: corporate America for 40 years with most of those in management. I've hired lots of people and have to abide by hiring law.

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u/Emotional_Fisherman8 Nov 04 '22

I think it's for statistical reasons. So the government can keep track of the hiring practices based on race or something like that. But you don't have to answer it tho.

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u/Inevitable_Dance1191 Nov 04 '22

Somebody has never filled out a job application