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Cyber Laws in IT & ITES

With the phenomenal and enormous growth of Internet specialized branch of Law called Cyber Law.

Immigration & Emmigration

When a person enters a new country for the purpose of establishing permanent residence and ultimately gaining citizenship , it is called

Immigration.But the residence of immigrants is subject to the conditions set by the Immigration Law.

Illegal interview questions in US

Illegal interview questions in US are not related to the job and rather reflect the pre conceived notions of the employer including bias. Elimination of a candidate based on answer to such illegal interview questions is wrongful and illegal.

Under the federal and state laws potential employers are dissuaded from asking questions that have no relevance to the job they are hiring for. Moreover, questions must be related to the requirements of the job and must not be used to discover unnecessary personal information.

Employers must not ask questions on race, religion, country of origin, ethnic background, disabilities, marital status, gender and age. An employer cannot discriminate a potential employee on the basis of these parameters, which have no nexus with the job requirements. Such interview questions that single out the applicant on these personal attributes like age, disability, gender, marital status and so on are in contravention of the Equal Employment Opportunity Act and anti discrimination laws. Moreover, also under Title VII of the Civil Rights Act of 1964 inquiry into an applicant’s race, origin, color, gender and age that advance discriminatory purposes are illegal. Where the employer denies employment to the applicant based on answers to such illegal questions, he is guilty of breaking the anti discrimination laws.

Employment discrimination is illegal or wrongful, where it is in violation of specific state or federal laws. Where the employer refuses employment to the prospective worker solely on the ground of his disability despite his capability to perform the concerned job fully, he is guilty of bias or discrimination. Similarly, denial of employment on the allegation of over age in spite of the competence of the candidate for the particular job would also be a wrongful and illegal action in terms of the provisions of Age Discrimination in Employment Act of 1967. However, denial of appointment for disliking the personality of the incumbent does not amount to discrimination.

A job applicant can handle such illegal interview questions in three ways. He can afford to answer such questions, where he is comfortable with them. The second option is that he can politely decline to answer such questions as irrelevant to the job requirements. However, this sort of answer may not be taken kindly by the prospective employer. The third alternative is to discover the intent of the question in the job perspective and answer it indirectly but as it might apply to the job profile, retaining his right to privacy.

For instance, where the employer asks if the applicant is a US citizen; the non citizen applicant may diplomatically answer by simply stating that he is authorized to work in the USA.

Any applicant aggrieved with illegal interview questions may file a complaint before the Equal Employment Opportunity Commission (EEOC) for redress. The employer, if found guilty, will be liable to damages.

An employer may convert controversial questions into harmless legal queries by seeking comparable information on the capabilities of the applicant in relation to the job applied for.