Specific: Based on the language of the posting and questions on their application regarding nationality and native language (linked to in the posting), I think they would run afoul of the EEOC. The requirement in the posting that the person be located in the Americas or Western Europe is probably not problematic since it is race neutral. But the additional verbiage (which references nationality and native language) in my eyes does.
If you're requirement is that they be based in a certain location, then simply ask where they are located. If the requirement is that they speak English, then ask if whether they speak English. If you're asking for nationality and native language, I would guess that there's an implication of intent to discriminate...just as there is if you were to ask someone's age or sexual orientation when interviewing them.
I'm not a lawyer and I'm not dispensing legal advice.
We are currently only considering applicants who are natives of Europe and the Americas (U.S., Canada, Central and South America). Please do not apply if you are not native to one of those regions.
What if it said:
We are currently only considering applicants who are natives of New England (Maine, New Hampshire, Vermont, Massachusetts, Connecticut). Please do not apply if you are not native to one of those states.
The poll question does not ask if the posting is 'racist'...it asks if the posting violates a federal law that prohibits the use of race in hiring decisions:
"Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race..."
I would assume that if you ask a question on an application, you are trying to ascertain whether the applicant fulfills a qualification. What qualification is being tested by uncovering a person's "native language" and "nationality" IN ADDITION to their "location"?
Posted by francowill on January 16, 2015 at 7:30am
Even though race and color clearly overlap, they are not synonymous. Thus, color discrimination can occur between persons of different races or ethnicity, or between persons of the same race or ethnicity. The courts and the Commission read color to have its commonly understood meaning pigmentation, complexion, or skin shade or tone. Thus, color discrimination occurs when a person is discriminated against based on the lightness, darkness, or other color characteristic of the person. Check out more at http://www.matchfinancial.com/.
Comments
Why?
Can you be more specific.
Which federal law?
Federal Law: The EEOC
Federal Law: The EEOC description of discrimination based on race (link provided in the original question also)
http://www.eeoc.gov/laws/types/race_color.cfm
Specific: Based on the language of the posting and questions on their application regarding nationality and native language (linked to in the posting), I think they would run afoul of the EEOC. The requirement in the posting that the person be located in the Americas or Western Europe is probably not problematic since it is race neutral. But the additional verbiage (which references nationality and native language) in my eyes does.
If you're requirement is that they be based in a certain location, then simply ask where they are located. If the requirement is that they speak English, then ask if whether they speak English. If you're asking for nationality and native language, I would guess that there's an implication of intent to discriminate...just as there is if you were to ask someone's age or sexual orientation when interviewing them.
I'm not a lawyer and I'm not dispensing legal advice.
The ad says: We are currently
The ad says:
We are currently only considering applicants who are natives of Europe and the Americas (U.S., Canada, Central and South America). Please do not apply if you are not native to one of those regions.
What if it said:
We are currently only considering applicants who are natives of New England (Maine, New Hampshire, Vermont, Massachusetts, Connecticut). Please do not apply if you are not native to one of those states.
Would that be racist?
The poll question does not
The poll question does not ask if the posting is 'racist'...it asks if the posting violates a federal law that prohibits the use of race in hiring decisions:
"Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race..."
I would assume that if you ask a question on an application, you are trying to ascertain whether the applicant fulfills a qualification. What qualification is being tested by uncovering a person's "native language" and "nationality" IN ADDITION to their "location"?
Even though race and color
Even though race and color clearly overlap, they are not synonymous. Thus, color discrimination can occur between persons of different races or ethnicity, or between persons of the same race or ethnicity. The courts and the Commission read color to have its commonly understood meaning pigmentation, complexion, or skin shade or tone. Thus, color discrimination occurs when a person is discriminated against based on the lightness, darkness, or other color characteristic of the person. Check out more at http://www.matchfinancial.com/.