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Discussion Forum

illegal job application questions?

Hazlett | Posted in Business on February 27, 2009 03:56am

would it be illegal to advertise a job opening and state that a left handed candidate is preferred( but not required)

or that a non-smoker is preferred,( but not required) ?

Stephen

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  1. FastEddie | Feb 27, 2009 04:20pm | #1

    I think you're ok on the smoking, but the left-handed might be a problem.  That's like asking for someone who has red hair.  I think unless it can clearly be demonstrated that only a left handed person can do the job, it would be not allowed.

    "Put your creed in your deed."   Emerson

    "When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it."  T. Roosevelt

  2. Dan612 | Feb 27, 2009 04:23pm | #2

    I only have experience on the side of the applicant, not the employer (I've never hired anybody).  But if I remember right, asking if someone has ever been arrested is not OK, but asking if someone has been convicted of a felony is OK.  The way I know is a friend of mine fought this one because he had been arrested for driving drunk, but it was not a felony conviction.  Employer found out about after he got the job and was driving a company vehicle and the employer was upset.

    I don't think you can exclude smokers, but you can keep them to keep them on a leash.  Smoking at designated times only, not on the clients property, not in company vehicles, etc. 

    I would think that you could use a phrase like "must be proficient as an equipment operator. . " and you could use that as grounds for firing if they are not working out well as an operator

    I would run this one by a lawyer

    I meditate, I burn candles, I drink green tea, and still I want to smack someone.

  3. Hiker | Feb 27, 2009 05:23pm | #3

    Smokers are not a protected class.  The requirement is OK

  4. jimAKAblue | Feb 27, 2009 06:12pm | #4

    Stephen, remember....you are talking to roofers when you place your ad. Are you really worried that some right handed roofer might file a complaint Lol?

    Just place a Craigslist ad and state that "Leftys move to the front of the line".

    If you get a complaint filed, they (whoever "they" is) might make you "cease and desist" LOL.

    Remember...we are talking about roofers....

    1. Hazlett | Feb 27, 2009 06:21pm | #5

      the reason I ask---- is that it is VERY handy to have at least one Left handed roofer A rightie step flashes up one side of a dormer----- a leftie step flashes up the other side of the dormer sure-- either one COULD do either side----- but some positions are easier leftie or rightie the non-smoker thing???
      I won't say that I am a non smoker-- I am a smoker who isn't currently smoking.- would prefer to be around non-smokers---- because a smoking crew almost always has me bumming cig.s sooner or later--and then buying them-and the next thing you know i am back to a pack and a half a day, LOL. i am also giving preference to guys who are currently athletes.
      stephen

      1. User avater
        Sphere | Feb 27, 2009 06:34pm | #7

        Not for nothing, being a smoker who roofs. BAD combination. Esp on OLD tear offs w/ wood sheathing and old deteriorated felt.

        I almost set a place on fire when a "cherry" fell in a crack and set the felt crumblies to smouldering...yeah I smelled it in time ( dumped my coffee and what ever water I had, then even got the FE outta the van andkept it handy the rest of the day) and no harm..but since then, I force myself to be REALLY careful and skip the ciggy till it's right time/right place. Man I worried all night till Igot back the next day and saw the house still there. Even tho' I KNEW it was out, it scared me GOOD.

          I'd bet old cedar tear off is just as bad, ALL that kindling laying around.

        So having NO smokers need apply is just fine, word it as " we are a smoke free enviroment" or some such, your Lia. Ins. Could be affected.Spheramid Enterprises Architectural Woodworks

        Repairs, Remodeling, Restorations

         

        They kill Prophets, for Profits.

         

         

      2. JeffinPA | Mar 01, 2009 04:14am | #9

        Re leftie

        What about the requirement that the roofer be proficient running left handed flashing which would be easier completed by a left handed or ambidextrious roofer.

        this way you can test them at running flashing up the other wall and if they are no good, then you have cause to release them!!

        The proficiency part is what is important to you, not the hand.  (by the way, I'm a leftie but I switch hammer hands when I need to roof the other way if I have to.  I am not great at it but decent enough that I do it rather than get twisted around on the roof)

      3. ruffmike | Mar 01, 2009 04:44am | #10

        I am a left handed rocker. I was very popular back in the nailing days doing piecework. Team up with a rightie and we could fly.                            Mike

            Small wheel turn by the fire and rod, big wheel turn by the grace of god.

  5. smslaw | Feb 27, 2009 06:25pm | #6

    It would not be illegal. Discrimination in employment is only illegal if directed against a legally protected class, i.e race, gender, national origin, religion, orientation (in some states), disability. I may have forgotten some.   Right-handed people or non-smokers are OK to discriminate against. So are Yankee fans:-)

    1. Hazlett | Feb 27, 2009 07:05pm | #8

      RE: the Yankees fans---- discriminating against THEM is just common sense!
      stephen

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