View Poll Results: You Must Apply Online: Is This a Violation of Civil Rights?

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Thread: You Must Apply Online: Is This a Violation of Civil Rights?

  1. #31
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    Re: You Must Apply Online: Is This a Violation of Civil Rights?

    Quote Originally Posted by Blackdog View Post
    Anyone can go to the unemployment office to fill out an application for free. They will even help you. Not to mention library's and cyber cafés.

    No this is not a violation of civil rights.
    If a person has a disability, say they are blind as an example, and the online forms are not accessible then yes there is likely discrimination.










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  2. #32
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    Re: You Must Apply Online: Is This a Violation of Civil Rights?

    Quote Originally Posted by Harry Guerrilla View Post
    That's really just a rare instance, not enough to require all businesses to have paper applications or some other nonsense.


    The first part I agree with the numbers probably will be low so there for business should have no problem accepting any hard-copy resume or application since it will be very low. Its hilarious that a paper resume/application is referred to has "nonsense" LMAO

    I mean if you truly the numbers will be very low and rare wheres the harm in not accepting those what 12 hard copies a year?

    I agree than the majority of people should be able to get access but if they cant they should never be denied, why punish people trying to get a job when we have all the free loaders that we do.

    Im just saying Ill never see the logic behind requiring an applicant to do something that is not require for the actual job.
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  3. #33
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    Re: You Must Apply Online: Is This a Violation of Civil Rights?

    Quote Originally Posted by Centrist77 View Post
    Anyways instead of deflecting stay on topic and address my post. Nobody said the company should "jump through hoops" or that these people can't follow instructions. My post is about a company requiring something that is not need for the actual job.
    Right, and I'm saying that "not needed for the actual job" should not be the test we use. It should be "not needed for the company's effective operations." You're right that requiring an online application is not relevant unless the job entails working online...which is why I brought up the point that requiring a resume is not relevant unless the job entails working with resumes. But I think we are in agreement that it's legally acceptable for businesses to ask for resumes from applicants.

    But both of those things (requiring an online application or a typed resume) are OK as far as I'm concerned, because businesses generally have a legitimate interest in making their hiring process as efficient as possible. From what I can glean from the Wikipedia page on "adverse impact" (the relevant legal doctrine here), I think the courts would agree with me. Generally speaking, there is one situation in which businesses can use policies that have an adverse impact on a protected class: business necessity. Although it's not clear what exactly would fall into that category, I don't think it would be hard for a business to argue that online applications are a business necessity for one reason or another.
    Last edited by Kandahar; 06-03-11 at 10:58 AM.
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    Re: You Must Apply Online: Is This a Violation of Civil Rights?

    Quote Originally Posted by Risky Thicket View Post
    If a person has a disability, say they are blind as an example, and the online forms are not accessible then yes there is likely discrimination.
    I think the problem is everybody is ASSuming that whatever their access is to a computer with internet is the same for everybody, well simply not true.
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    Re: You Must Apply Online: Is This a Violation of Civil Rights?

    Quote Originally Posted by Kandahar View Post
    Right, and I'm saying that "not needed for the actual job" should not be the test we use. It should be "not needed for the company's effective operations." You're right that requiring an online application is not relevant unless the job entails working online...which is why I brought up the point that requiring a resume is not relevant unless the job entails working with resumes.

    But both of those things (requiring an online application or a typed resume) are OK as far as I'm concerned, because businesses generally have a legitimate interest in making their hiring process as efficient as possible. From what I can glean from the Wikipedia page on "adverse impact" (the relevant legal doctrine here), I think the courts would agree with me. Generally speaking, there is one situation in which businesses can use policies that have an adverse impact on a protected class: business necessity. Although it's not clear what exactly would fall into that category, I don't think it would be hard for a business to argue that online applications are a business necessity for one reason or another.
    "which is why I brought up the point that requiring a resume is not relevant unless the job entails working with resumes."
    LOL again this is NOTHING like my example, a resume can very well be required because its a list of you skill set and job history LMAO

    are you saying a company shouldnt be able to ask you for a background check unless you work with background checks? LOL sorry what your saying has not logic behind and doesnt make sense.

    You are free to think that and I think it would be much easy to argue that a person was discriminated against.
    My argument, something was asked of the applicant that isnt required for the job and he was denied a chance of employment because of it. Pretty illogical.

    Yours, we denied him employment simply because he wanted to turn in a paper applicant and we dont deal with paper, it would of slowed us down and made us inefficient.

    If Im on that jury I think to myself what an asshole that company sounds like. Just saying if you think its so rare a person could get internet access then the company should have no problems accepting the hand full of hard copy apps every year lol
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  6. #36
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    Re: You Must Apply Online: Is This a Violation of Civil Rights?

    Quote Originally Posted by Centrist77 View Post
    "which is why I brought up the point that requiring a resume is not relevant unless the job entails working with resumes."
    LOL again this is NOTHING like my example, a resume can very well be required because its a list of you skill set and job history LMAO

    are you saying a company shouldnt be able to ask you for a background check unless you work with background checks? LOL sorry what your saying has not logic behind and doesnt make sense.
    No, I'm not saying that. But then, I'm not the one of the two of us who is arguing that businesses can't require things from applicants that aren't relevant to the job that they're applying for.

    Quote Originally Posted by Centrist77
    You are free to think that and I think it would be much easy to argue that a person was discriminated against.
    My argument, something was asked of the applicant that isnt required for the job and he was denied a chance of employment because of it. Pretty illogical.
    I guess I'm not sure what you mean by "required for the job." By definition it's required for the job, or there wouldn't be a case. Do you mean required for the employee to PERFORM the job? If that's the case, then I'm not understanding why you think resumes and background checks are different from an online application.

    Quote Originally Posted by Centrist77
    Yours, we denied him employment simply because he wanted to turn in a paper applicant and we dont deal with paper, it would of slowed us down and made us inefficient.

    If Im on that jury I think to myself what an asshole that company sounds like. Just saying if you think its so rare a person could get internet access then the company should have no problems accepting the hand full of hard copy apps every year lol
    "What an asshole that company sounds like" isn't a good enough reason. And there can be legitimate business reasons for doing so. Maybe they outsource all their applications to someone in another office or another country, so they don't even see the applications themselves. Maybe they have a computer program that quickly scans all the applications for red flags, and they can't do that with paper applications. Maybe they're trying to be environmentally friendly by not wasting paper. Maybe they use an algorithm to sort all the applications and look for key words or experiences. There are plenty of legitimate reasons why a company might want to do this.
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    Re: You Must Apply Online: Is This a Violation of Civil Rights?

    Quote Originally Posted by Kandahar View Post
    1.)No, I'm not saying that. But then, I'm not the one of the two of us who is arguing that businesses can't require things from applicants that aren't relevant to the job that they're applying for.



    2.) I guess I'm not sure what you mean by "required for the job." By definition it's required for the job, or there wouldn't be a case. Do you mean required for the employee to PERFORM the job? If that's the case, then I'm not understanding why you think resumes and background checks are different from an online application.



    "What an asshole that company sounds like" isn't a good enough reason. And there can be legitimate business reasons for doing so. Maybe they outsource all their applications to someone in another office or another country, so they don't even see the applications themselves. Maybe they have a computer program that quickly scans all the applications for red flags, and they can't do that with paper applications. Maybe they're trying to be environmentally friendly by not wasting paper. Maybe they use an algorithm to sort all the applications and look for key words or experiences. There are plenty of legitimate reasons why a company might want to do this.
    1.) yes I see that my example and how it has nothing to do with yours is over head for some reason.
    2.) because again they are totally different examples applied logically. A resume is a list of your qualification so it is need to determine if you are QUALIFIED to perform. A background check is also needed to determined if you are QUALIFIED or DISQUALIFIED to perform.
    Requiring you to do something "on line" if its not needed to perform you job is not needed at all. Theres no value of it and its the company requiring you to do something that is not needed to perform. On line access isnt needed to do the job so it shouldnt be needed to apply.
    3.) Nope if thats the system they want then its their responsibility to make it work, not the applicants, they want to streamline the process its their job to figure it out, none of those are legit reasons to "deny" applicants and equal employment opportunity. The burden in this case is on the company not the applicant. now if it was a needed SKILL then the burden would be back on the applicant.

    Those companies can simply scan the "rare occasional" document to a active PDF and the problem is solved.
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  8. #38
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    Re: You Must Apply Online: Is This a Violation of Civil Rights?

    Quote Originally Posted by Centrist77 View Post
    That is not true for all people in all cases.
    There are libraries that have the internet. There are schools that have the internet. There are people you know that have the internet.

  9. #39
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    Re: You Must Apply Online: Is This a Violation of Civil Rights?

    Quote Originally Posted by Centrist77 View Post
    Im just saying Ill never see the logic behind requiring an applicant to do something that is not require for the actual job.
    So then you really aren't a fan of the whole resume/interview process whatsoever?

  10. #40
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    Re: You Must Apply Online: Is This a Violation of Civil Rights?

    Quote Originally Posted by Kali View Post
    Do you feel that places who only take job applications Online is a Violation of Civil Rights?

    I feel this is a violation of equal employment opportunity due to the fact that not everyone has a computer at home to be able to apply.
    I haven't really found a place that hasn't done this; and it's super annoying.
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