General Discussion

dsc

(52,163 posts) Wed Feb 27, 2013, 10:01 PM Feb 2013

Ah Ed, love you dearly, but in most states it is not illegal to ask a job candidate if they are gay

Gays are not a federally protected class. Nor are they covered in most states, including such blue states as PA, MI, VA, and OH.

13 replies

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Ah Ed, love you dearly, but in most states it is not illegal to ask a job candidate if they are gay (Original Post) dsc Feb 2013 OP

Are you sure. I would think that should be illegal. southernyankeebelle Feb 2013 #1

Quite sure dsc Feb 2013 #5

That is shocking southernyankeebelle Feb 2013 #13

Its illegal in California procon Feb 2013 #2

very true here in michigan Hulk Smash Feb 2013 #3

Luckily it is here in NY. NYC Liberal Feb 2013 #4

Sorry, but that falls under the following question you may not ask during an interview.... OldDem2012 Feb 2013 #6

I am a gay man I think I know if I am covered by non discrimination laws or not dsc Feb 2013 #7

If any HR person asks you questions along those lines you can sue the crap out of them.... OldDem2012 Feb 2013 #10

As a teacher in MS I had to sign a contract that stated I would abide by a sodomy law dsc Feb 2013 #11

Are you talkijng back at your TV through DU? slackmaster Feb 2013 #8

I am hoping a producer of his monitors DU dsc Feb 2013 #9

Thanks. I'm glad I live in a state where that kind of discrimination is illegal. slackmaster Feb 2013 #12

southernyankeebelle

(11,304 posts)

1. Are you sure. I would think that should be illegal.

Reply to dsc (Original post)

Wed Feb 27, 2013, 10:08 PM

Feb 2013

dsc

(52,163 posts)

5. Quite sure

Reply to southernyankeebelle (Reply #1)

Wed Feb 27, 2013, 10:55 PM

Feb 2013

In every southern state except MD it is legal. It is legal in the West except on the coast, Hawaii, Colorado, and New Mexico. It is legal in the entire plains except Iowa and Minnesota. It is legal in the industrial midwest except in Illinois. It is also legal in PA.

southernyankeebelle

(11,304 posts)

13. That is shocking

Reply to dsc (Reply #5)

Thu Feb 28, 2013, 10:02 AM

Feb 2013

procon

(15,805 posts)

2. Its illegal in California

Reply to dsc (Original post)

Wed Feb 27, 2013, 10:23 PM

Feb 2013

In a long list of other personal or discriminatory questions, you can't a job applicant about their sexual orientation.

Hulk Smash

(51 posts)

3. very true here in michigan

Reply to dsc (Original post)

Wed Feb 27, 2013, 10:30 PM

Feb 2013

People find it hard to believe a private at will employer can not only refuse to hire gays, he can openly fire anyone who he learns is gay or even thinks may be gay, etc. Not a protected class. Except some cities do offer protection forexual orientation such as Traverse City.

NYC Liberal

(20,136 posts)

4. Luckily it is here in NY.

Reply to dsc (Original post)

Wed Feb 27, 2013, 10:51 PM

Feb 2013

What can they ask?
Someone who interviews you for a job should not ask you questions about:
- Age
- Race
- Creed
- Color
- National origin
- sexual orientation
- Veteran/military status
- Gender
- Marital/family status
- Disability
- Arrests not followed by conviction

http://www.labor.state.ny.us/careerservices/PDFs/p117.pdf (PDF)

OldDem2012

(3,526 posts)

6. Sorry, but that falls under the following question you may not ask during an interview....

Reply to dsc (Original post)

Wed Feb 27, 2013, 11:03 PM

Feb 2013

"2. So tell me, boyfriend or girlfriend ... or both? Simply put, the sexual preference of an applicant should have no bearing on whether he or she can perform the job."

.....and....

Sadly, asking an applicant their greatest weakness is fair game, as are any other clever way to discover if an applicant has the skills and personality to fit with a company's culture. But, any question aimed at an individual's personal attributes, orientation, or personal background is not only off-limits, but illegal. As a job-seeker, confronting an illegal interview question can be uncomfortable, if not downright awkward to address; but the bottom line is that you do not have to answer them, and can tell the employer that their line of questioning is illegal or report the company to a local Equal Employment Opportunity office.

10 Things You Can't Be Asked at a Job Interview

PERSONAL NOTE: I'm not just spouting legalese....I have 23 years of practical work experience in Human Resources and recruiting.

dsc

(52,163 posts)

7. I am a gay man I think I know if I am covered by non discrimination laws or not

Reply to OldDem2012 (Reply #6)

Wed Feb 27, 2013, 11:05 PM

Feb 2013

we aren't in much of the US.

OldDem2012

(3,526 posts)

10. If any HR person asks you questions along those lines you can sue the crap out of them....

Reply to dsc (Reply #7)

Wed Feb 27, 2013, 11:12 PM

Feb 2013

....and I've worked in locations in Massachusetts, Rhode Island, Michigan, Illinois, West Virginia, California, Virginia, Maryland, New York, Missouri, Alabama, and Washington, DC. Although I'm not a lawyer, I do know employment law.

dsc

(52,163 posts)

11. As a teacher in MS I had to sign a contract that stated I would abide by a sodomy law

Reply to OldDem2012 (Reply #10)

Wed Feb 27, 2013, 11:16 PM

Feb 2013

and the same law was used to not issue teaching licenses. I can't see why they can't ask you if you are gay since I can indeed be fired for it. I will say that asking if I have a girlfriend or boyfriend would be off limits (family status is protected) but the simple question straight or gay isn't off limits.