ERIC Number: ED361842
Record Type: Non-Journal
Publication Date: 1993
Reference Count: N/A
The Preemployment Process: Avoiding Impermissible Inquiries and the Effect of the Americans with Disabilities Act. NOLPE Monograph Series, No. 49.
Horton, Janet Little
The purpose of preemployment activities in a public school district is to obtain the person best qualified. This monograph discusses legal considerations in the preemployment process, with a focus on avoiding impermissible inquiries and the effect of the Americans with Disabilities Act. The key question to be asked when examining an application form and reviewing the interview process for impermissible inquiries is whether the inquiry is job-related. To avoid charges of discrimination and bias in hiring, all inquiries must be job-related and district screening criteria must be consistently and universally applied to all applicants. The emphasis in this monograph is on what is permissible and impermissible under federal laws and regulations, and as interpreted by the courts. Impermissible inquiries, presented under five categories, are those questions concerning marital status and the family situation; personal history that is not job-related; associational activities; irrelevant educational and work history data; and the existence, nature, or severity of a disability. Each of the five categories is examined separately. Problems in determining objective and subjective criteria are also discussed. Appendices contain samples of inappropriate and appropriate job application forms. (LMI)
Descriptors: Compliance (Legal), Court Litigation, Disabilities, Elementary Secondary Education, Employment Interviews, Employment Practices, Federal Regulation, Job Application, Legal Problems, Legal Responsibility, Personnel Data, Personnel Selection, Public Schools, School Districts
National Organization on Legal Problems of Education, 3601 S.W. 29th St., Suite 223, Topeka, KS 66614.
Publication Type: Guides - Non-Classroom
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990