Quote The max expected benefit of such questions is the value of the information about the candidate's belief, assuming you can extract reliable information. On the expected costs, hmmm i think many times lawsuits consequences can be unpredictable. Its not only the settlement fine that may cost your firm some X bucks and your self a chunk of your bonus or even your job, its the negative publicity in a sector where reputation seems invaluable.Just to be clear - not for your benefit, Anthis, but rather for that of others who may be reading this, since this has been a point of confusion in this thread, the "information about the candidate's belief" is information regarding whether the candidate feels it is acceptable to discuss sex or religion in the workplace, not the candidate's religious belief nor the candidate's sexual belief. Neither a yes answer nor a no answer tells us the person's religious beliefs, nor his/her beliefs regarding sex. Again, I point out the issue about lawsuits needs to be considered both in terms of expected cost and expected benefits because discussions about religion or sex can eventually lead to religious or sexual harassment lawsuits, so a reduction in these kinds of discussions in a workplace setting may help to mitigate this risk. I agree that there may be reputational cost to lawsuits. If we do a Google search for "religious harassment," we find this as the first search result:
http://www.religioustolerance.org/harra_wk.htmYou'll see that it recommends saying "I prefer not to discuss religion at work" if the issue comes up in an interview.QuoteIs this info valuable? I think not. Because everyone can become violent if his limits are crossed. The only difference is that the limits of tolerance are different for different people.I believe that the information is valuable because this would be an extreme response to a mere question. The person can answer or can choose not to answer. And it is not a question that has some kind of insult embedded in it, like "are you stupid?" It is not a question about the person's religious beliefs or sexual preferences. It is just a question about what kinds of things the person thinks are acceptable to talk about at work. If someone had a tendency to become violent if you were to ask him what he likes to eat, wouldn't you want to know this sooner rather than later? For work that is basically involved with processing information, I believe it is important to ask questions. If you are afraid to ask someone questions, it may become difficult to collect the information needed to make good decisions. What kinds of questions might incite you to violence?QuoteWhat you describe is called prosylitism. Its not a mere conversation about religions or creeds. An easy to resolve this problem since its illegal to prosylitize in many jurisdictions, since such an endeavor entails lack of respect for others' religions. On the other hand, if the "no talk about religions" means that discussions like "how i spent my christmass holidays" are banned, then i think its too much.It might not be easy to resolve once it has occurred, especially if the person does not stop after warnings. You can fire the person, but then s/he might allege religious discrimination and file a lawsuit. The law may be on your side, yet, as you pointed out before, there may be reputational costs - even if you win. There would also be legal costs. And there may even be a small chance that you lose - perhaps s/he'll claim that other people were also proselytizing, but s/he was unfairly singled out. By the time you reach this stage, a disaster has already occurred. How is a discussion about "how i spent my christmas holiday" a discussion about religion? I know it is a holiday with religious significance, but it is a nationally recognized holiday that applies to all people (in certain countries) regardless of their religion. If you tell me that you went to Miami for Christmas, I still don't know whether you are a Jehovah's Witness, a Jew, a Muslim, a Wiccan, etc. If you tell me you spent Christmas in Miami, this is not a religious discussion.QuoteEventually, you cant restrict and censor people, on what to discuss and what not to.Did you read this
http://www.lancasterlawblog.com/2007/09 ... ink-again/? Actually, private sectors employers can censor people.Quote But you can keep them busy. On the other hand, self censorship is a characteristic of mature personalities and characters with sense of professionalism and integrity.Since i like to deceive myself that i am one such person, if i were confronted with such questions during an interview i would reconsider if I should accept the job. It raises a lot of alarms for many issues.Wouldn't you prefer that your coworkers also be self-censoring? Wouldn't you prefer workplaces where everyone there is self-censoring? Now, you might say that if the employer removes some people because of what they discuss at the workplace, this is not self-censoring, but rather employer censoring. But let's say that you have some people in your workplace who are self-censoring and some people who are not. What, if anything, should be done about the people who are not self-censoring, and are not mature personalities with a sense of professionalism and integrity?QuoteOn the other hand i agree with you, that there is no need to talk about sex at workplace, talk is cheap, just do it. But there is always business before pleasure.Not interested in addressing the sexual harassment issue?