Strategic Staffing

Note/Describe Problematic Item

Why is this problematic?

What would be appropriate in its place, if anything*?

Points

Earned

1

Describe any organizations, memberships, affiliations of which you are a member

This can violate section VII since the information obtained by the employer may be used to discriminate on the basis of the employee's religious affiliations which would be made known by declaration of such information. Discrimination based on religion is not allowed under Section VII “(Title VII of the Civil Rights Act of 1964”) (Gatewood & Field & Barrick, 2008)

The question should be removed

2

What (if any) foreign language(s) do you read, write, or speak? How were these skills acquired?

The information will enable the employer to learn about the ethnic background of the candidate and expose him to the risk of being discriminated on racial basis. The part of question “How were these skills required may directly reveal his or her ethnicity as an answer that it was his or her mother tongue would indicate that. Thus putting him or her at the risk of being discriminated in case the employer is preferring one race or if the employer has a disliking for a particular race of people.(Violation of Title VII). (www.eeoc.gov)

What (if any) foreign language(s) do you read, write, or speak?

3

Please describe any disabilities you have that could affect your ability to perform this job.

This can lead to a violation of Titles I and Title V of the Americans with Disabilities Act (ADA, 1990). The employer can discriminate on grounds of the disability that the candidate may have and deny him or her, the job. It could also lead to a violation of GINA (Genetic Information Nondiscrimination Act of 2008). The candidate cannot be denied the job on disability basis if he or she is qualified on the basis of his or her education, ...