Inappropriate Interview Questions Essay

The Americans with Disabilities Act (ADA) “prohibits discriminating against an individual in the selection process” (Moran, 2014, p. 32) due to a potential disability. A disability can be defined as a mental or physical condition that can result in some sort of handicap. As a result, the employer may be required to accommodate the people who are considered as disabled, to help them perform his or her job duties.

The subject of my interview was Juan Chavay. He was born and raised in small village close to the mountains. The actual name was not mentioned by Juan, but he emphasized on a small, remote village. He came to America in 2009 and has been here since. He is currently trying to achieve citizenship, but is encountering problems with actually achieving it. He has since been here on a work visa, which allows him to stay in the US for an extended period of time. He says he will continue the work he is doing in Mississippi.

According to The U.S. Equal Employment Opportunity Commission (n.d.), “The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals 40 years of age or older from employment discrimination based on their age and it applies to both job applicants and employees. With regards to condition, any term or privilege of employment, it is against the law under the ADEA to discriminate against a person because of his/her age which includes layoff promotion, compensation, hiring, firing, training, job assignments and benefits. It is also unlawful for an employer to discriminate against anyone for opposing employment practices that discriminate based on age or for filing as age discrimination charge, testifying or participating in an in an investigation proceeding or litigation under the ADEA” (para.1).

As Human Resources professionals, it is key to be mindful of protected job classes, particularly age. The Age Discrimination in Employment Act of 1967 was put in place to protect workers over 40 years of age. The ADEA applies to employers with more than 20 employees and applies to all aspects of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training (“Facts About Age Discrimination,” Revised 2008). Since the ADEA applies to the hiring process as well as the term of employment, employers are not allowed to ask for date of birth in any pre-hire process. There are a couple of exceptions to the law. Employees may waive their right to the act as long as the ADEA guidelines are met. In certain situations, high level executives may be asked to retire at 65 and for jobs with bona fide occupational qualifications employers may discriminate based on age (“Exceptions to the ADEA,” 2007). An example of this would be a modeling agency hiring for an ad that promotes children’s clothing.

As Human Resources professionals, it is key to be mindful of protected job classes, particularly age. The Age Discrimination in Employment Act of 1967 was put in place to protect workers over 40 years of age. The ADEA applies to employers with more than 20 employees and applies to all aspects of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training (“Facts About Age Discrimination,” Revised 2008). Since the ADEA applies to the hiring process as well as the term of employment, employers are not allowed to ask for date of birth in any pre-hire process. There are a couple of exceptions to the law. Employees may waive their right to the act as long as the ADEA guidelines are met. In certain situations, high level executives may be asked to retire at 65 and for jobs with bona fide occupational qualifications employers may discriminate based on age (“Exceptions to the ADEA,” 2007). An example of this would be a modeling agency hiring for an ad that promotes children’s clothing.

1538). If a federal law were to be enacted it should follow the guidelines that Weissert (2016) advocates. Instead of allowing employers to ask about criminal history in the interview stage the employers should have to wait until a conditional offer of employment has been made (Weissert, 2016, p. 1552). The employer should consider the nature of the crime, the time elapsed since conviction, and the positon the applicant is applying for (Weissert, 2016, p. 1552). Discriminating on the basis of criminal history increased the rates of recidivism and has a greater impact on Afircan American and Hispanic males (Weissert, 2016, p. 1531). Ban the Box might not be the solution for the issue of discriminating on the basis of an applicant’s criminal history, but it is a step in the right

2. Describe a discriminatory situation that you experienced or witnessed. Identify the individual aspects of this discrimination. Describe any institutionalized racism that you have observed or experienced.

People with disabilities have become an integral part of the workforce. The ADA forbids discrimination against people with disabilities when recruiting, hiring, training, and compensating employees (Sotoa & Kleiner, 2013). The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental and establishes requirements for telecommunications relay services (activities (Stryker, R. (2013). Employers are not allowed to ask employees if they have a disability. The employers are not allowed to ask employees with disabilities to undergo a medical exam before an offer of employment unless all applicants are required to take the same exam (Kaye, Jans, & Jones,

This process can be viewed as a double edged sword as the applicant if given the opportunity to explain his plight, may be able to convince the employer that they are the person for the job in spite of the past record. Or, the delay in the disclosure may cost the employer in time and resources upon disclosure to seek other applicants if the applicant is disqualified for the charges. As Doleac and Hansen state regarding the inability of employers to determine up front if the applicant has a criminal history, the employer defaults to statistics which “eliminate groups that they think, on average, are more likely to have a recent conviction” (How Ban The Box Backfires,

Disability is an impairment is a life changing condition that limits one’s physical or mental abilities. Disabilities comes in many forms such as blindness, hearing, speech disorder, loss of vision. and memory. As well as, chronic illness such as diabetes, HIV, obesity. Under Title I of the Americans with Disabilities Act of 1990 (“ADA”) employers, cannot discriminate against qualified individuals with disabilities when hiring, firing, job promotion, distribution of benefits and privileges. In addition, by law, employers must make reasonable effort to modify work equipment and job settings for people with disabilities. Such as job schedules, employee training and communication devices; without causing an undue hardship, significant difficulty

Age discrimination in employment is a complex issue which impacts many areas of Government policy and has many implications for individuals themselves. Age discrimination can occur across all spectrums of employment and can affect both young and old. Age discrimination can affect a person’s chances of getting a job, and potentially their chances of promotion or development within the workplace. Age can also be a factor when employers are deciding who should be selected during a workforce downsize or redundancy of work due to a mergers and acquisitions.

Age discrimination has some special aspects that make it different from other types of employment discrimination. My research will discuss this more in detail. Included will be several court decisions of great importance, the history of the Age Discrimination Statute, and other important data in regards to Age discrimination. Also there is information included on how to file a complaint with the

Age discrimination is mainly toward the older (60 +) and younger (14-17) people in their early teens. Many Americans have been fired, forced into retirement, or turned down from a job due to their age. Older age employers are discriminated against in the workplace because of appearance and their ability to do the work required is believed to slow. Employers are more likely to hire a person who is much younger and more attractive than an elderly person. Also, employers want to employ people who are able to do the work required. This is another way in which older people are discriminated against even though they may be very capable to do the job. “The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities

The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age. An employee is

2) This company will not discriminate in hiring practices or procedures based on physical deformity, physical limitation, or mental/ physical defect, unless the position is such that the posted position requires levels of mental and/or physical fitness that cannot be adaptable with modalities to enhance those applicants to fit the posted health and fitness requirements specific to the job.