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Subject:
Legality of a question I once posed to a recruiter
Category: Business and Money > Employment Asked by: pcventures-ga List Price: $4.00 |
Posted:
25 Nov 2003 11:13 PST
Expires: 03 Dec 2003 20:15 PST Question ID: 280514 |
Some years ago, I had a recruiter seeking Help Desk work for me. At the time, I worked for a company with international offices. I won't mince words - the most unpleasant part of the job was supporting the foreign offices over the phone. What a pain in the butt to talk people through a long procedure when their level of computer proficiency is low, and English is their second language. Not wanting to repeat that (and being relatively happy otherwise at the present job - it's not like I was desperate to leave and had an "any port in a storm" mentality), whenever the recruiter told me about a job opening with a large firm I asked if giving phone support to overseas offices was part of the job description. "I can't ask them that. It's illegal." She would reply. Let's disregard for a moment the fact that what I wanted to know would most likely have been on the job req. Was she right about it being an illegal question to ask? It's not like I said, "Please ask the HR department if only Caucasian people work at this firm." I have to emphasize that I am not a Xenophobe or a racist, I simply found it draining to support overseas users and didn't want to repeat that experience. |
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There is no answer at this time. |
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Subject:
Re: Legality of a question I once posed to a recruiter
From: fstokens-ga on 28 Nov 2003 15:12 PST |
According to the list at: http://jobsearchtech.about.com/library/weekly/aa022403.htm "National Origin" is one of the things that it is illegal to discriminate against. However, note it is not illegal to ask about this and other issues, it is only illegal to deny employment solely based on them. Your case is tricky, because on the one hand, it does seem like the question is very relevant to the job descrition and required duties. On the other hand, you are essentially discriminating based on national origin. In closing, I just wanted to say that I have some experience with providing tech support over the phone, and that was plenty difficult when the person on the other end was a native english speaker! So while I would not want to deny tech support to people in other countries, I sympathize with your desire to not be the person providing it. |
Subject:
Re: Legality of a question I once posed to a recruiter
From: pcventures-ga on 29 Nov 2003 09:28 PST |
As you essentially indicated, most employment laws are about discriminating against a potential employee based on national origin, not a potential employer, as far as I know. In addition, what I really did was ask the recruiter to check the job req a little more carefully to see if supporting international offices was part of the job. She blew it up a bit out of proportion, IMHO. I agree that this can be a delicate question, but I still think that simply saying "am I required to support overseas offices" *should* really be a fairly innocuous question. In fact, it's a smart one since having to do so usually means that the tech support person must wear a pager periodically when those offices have an emergency not coinciding with the operational hours of the mainland office. |
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