New Question for Female Applicants?
The basics of employment law say that men and women should be treated the same. An employer asks them the same questions, holds them to the same standards, applies the same rules, etc. According to two separate studies reported in the New York Times, maybe there’s room for an exception to these basics.
Title IX of the Education Amendments enacted in 1972 requires high schools and colleges receiving federal money to provide the same athletic opportunities for girls as they do for boys. The first study shows that Title IX has had a profound effect on women. Indeed, increasing girls’ sports participation has caused a 20% increase in education for and a 40% rise in employment for women ages 25-to-34.
What’s more, the second study shows Title IX has made a difference in the long-term health of women. Specifically, increasing girls’ athletic participation is associated with a 7% lower risk of obesity 20 to 25 years later, thus lowering the risk for diabetes and other health problems.
These studies don’t address the impact of boys’ involvement in team sports on their education, employment or health. One of the studies’ authors says, however, that “it’s reasonable to believe it’s true for boys as well.” Maybe, someone needs to do a study or two to see.
In the meantime, can employers add an interview question for female applicants which says, “Did you play team sports in school?” If the answer is yes, the employer concludes that the women will be better employees and also won’t be as risky for health insurance purposes.
Is there anything legally wrong with such a question? If so, what is it? Give me one good reason why this question can’t be asked.
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Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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J. T. Breslin, PHR Says:
John:
Good idea. Why not broaden the question to ask everyone: Can you tell me about your experience working with or being part of a team?
I would then prompt with team sports — but not stop there.
Choir, drama, debate and other “mental” sports can provide information about a person’s ability to work with others.
While there isn’t a study to support the health aspects, it does give you better insite into the person.
Even working with civic groups can show whether the person has the ability and interest to work well with others. I know, need to be wary of religious and or other protected class organizations.
That is far better than asking if they were a tree what type they would be!
Cheers,
J.T.
February 17th, 2010 at 10:28 am e
Joan E. Ginsberg, JD, SPHR Says:
My problem with this question is that it may spark an ADEA problem, however unintentional.
If an applicant says “no”, but then feels compelled to state that they reason the answer IS no is because they went to school before Title VII went into effect and there were no team sports in his/her school – has the employer just asked them their age in a roundabout way?
Just sayin’ . . .
February 17th, 2010 at 3:18 pm e
Cara Leheny Says:
This question also has ADA implications that makes it inadvisable. People with disabilities that prevented them from participating in organized sports will be discriminated against if the employer makes hiring decisions on the basis of an answer to this question. Also, people who no longer have a disability, but have a record of such impairment (a heart defect that was repaired, etc.) will also be affected by hiring decisions based on participation in sports.
February 27th, 2010 at 12:52 pm e