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Discrimination: forms, causes, and social impacts

Last reviewed: April 14, 2014 ~5 min read
Abstract

This paper focuses on employment discrimination. It is broken down into three parts. The first part is a sample employment ad that is descriptive of the job and the successful candidate but does not violate any federal laws. The next part is a list of ten illegal interview questions and why they are illegal. The final part is a list of ten legal interview questions and why they are legal.

Employment Discrimination

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Wanted: experienced technical writer and manager sought to write, rewrite and/or edit technical documents. This job entails managing a technical writing team in charge of creating all new documentation for a newly developed architecture software. These documents include: procedure manuals, user manuals, service manuals, for use by consumers and professionals who use the product. The successful applicant will have a seven plus year background in technical writing and a bachelor of science degree in: technical writing, electrical engineering, computer science, or a related field or a three-year background in one of the related fields along with a Master's degree in technical writing. Experience accepted in lieu of a degree in a related field, but all applicants must have at least a bachelor's degree. Candidates will observe the performance of and be taught to use a newly designed architecture-based software, and then work with the design team to create user manuals for that software. In addition to technical writing, the candidates will work with the designers to ensure that the software is user friendly and easily accessible. Ideal candidates would have background knowledge in structural engineering and be comfortable with blueprints and engineering illustrations, but that knowledge is not required. Candidates must be willing to complete a six-week course to familiarize them with the product. Candidates will also work with the design team to help correct software difficulties, which could make the software difficult for non-professionals to use. In addition to technical writing, the candidate would oversee preparation of illustrative materials, including: drawings, sketches, charts, and diagrams. The candidate will oversee a team of writers, illustrators, and designers putting together the finished materials. This management position requires candidates to develop and maintain an organizational structure that ensures that the end-produce meets costs estimates, comes in on schedule, and meets the performance requirements. Please submit resume and references for consideration for the opportunity. No resumes will be considered without up-to-date references.

10 Illegal Questions

There are a number of questions that an employer is not permitted to ask because they are either overtly discriminatory or they evidence a discriminatory intent. "In no way should the hiring process include any questions that regard race, sex, national origin, or other classifications under Title VII" (Seaquist, 2012). Many of these questions appear innocuous, so that an innocent interviewer might ask them as a routine part of an interview without being aware that they are prohibited.Furthermore, what can complicate this process is that some of the questions that are prohibited are routinely collected by employers as part of their data-keeping requirement to demonstrate equal employment opportunities, but this information should be kept separate from the information that an interviewer can see during the application process.

The first prohibited question is: have you ever been arrested (Giang, 2013)? While criminal history can be considered in connection with certain jobs, the criminal history needs to be related to the requirements of the job. Furthermore, prior to running a criminal background check on an applicant, the employer needs to inform the applicants of the intention to do so and get that applicant's permission.

Another prohibited question is: are you married (Giang, 2013)? It is impermissible for employers to ask about marital status. It leads to indications of sex-based discrimination because of stereotypes associated with married or unmarried persons. Furthermore, in states where discrimination based on sexual orientation is illegal, the question can be a means of helping determine an applicant's sexual orientation.

An additional illegal question is: do you have children (Giang, 2013)? Many times employers ask this question because of concerns about availability. This is particularly true when asked of women, since women are perceived as more likely to take time off for sick children than men are. When one looks at the cumulative impact of asking a candidate if she is married and if she has children, one can easiy see the potential for discrimination.

The fourth prohibited question is: what religious holidays do you observe (Giang, 2013)? Employers can ask about general availability, such as whether an applicant is available to work on Sundays. However, asking a candidate about specific religious holidays would yield too much information about the applicant's religious background.

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References
16 sources cited in this paper
  • Giang, V. (2013, July 5). 11 common interview questions that are actually illegal. Retrieved
  • April 14, 2014 from Business Insider website: http://www.businessinsider.com/11-illegal-interview-questions-2013-7?op=1
  • Putzier, J., &Baker, D. (2010). Common interview questions: What you can ask and when it is
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  • Seaquist, G. (2012). Chapter 22: Introduction to Antidiscrimination law. In G. Seaquist (Ed.),
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  • Seaquist, G. (2012). Chapter 26: Other types of discrimination. In G. Seaquist (Ed.),
  • Business law for managers (pp.359-374). San Diego, CA: Bridgepoint Education, Inc.
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  • legal. Retrieved April 14, 2014 from Monster website: http://hiring.monster.com/hr/hr-best-practices/small-business/conducting-an-interview/common-interview-questions.aspx
Cite This Paper
PaperDue. (2014). Discrimination: forms, causes, and social impacts. PaperDue. https://paperdue.com/essay/employment-discrimination-187601

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