What law states that job applications HAVE to ask if males(18-26) have signed up with selective service?

Question

My first question apparently confused most. I know it is the law for males ages 18-26 to sign up for selective service, that wasn't what I was asking about. In the hiring process, job applications cannot ask a persons sex, age(except to find out if they are a minor), race, national origin, if they have a disability, marital status, I might be forgetting something, but I think that's it. Anyhow, if you are applying for a teaching position in North Carolina, where most counties use the same application, it asks about whether an applicant, if male, has signed up for selective service. As a store manager for a retail chain, that question was never on our applications nor was it a legal requirement for us to ask about when filling out all the paperwork after hiring someone. So for those that believe the answer to my previous was answered best(Not in my opinion) with "its the law" need to tell me exactly what law states that the selective service has to be asked about on a JOB APPLICATION?

Answer 1

I dont think there is any law that says the question of selective service HAS to be asked on an application form.

But the right question to ask is - what law allows an application form (or company) to ask if the applicant has signed up for selective service? Does that sound better?

Here's what I found.

http://www.sss.gov/reg5.htm

STATE & LOCAL EMPLOYMENT

Many states, local government agencies, police departments and state bar examiners now require applicants to be registered with Selective Service. (teaching is a local government job, right?)

Selective Service invites your school to participate in this important program. Your school has received the High School Kit with additional information on the High School Registrar Program. If you have questions about this program, you may call the Selective Service Registration Division at [phone].

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I also found this about SS registration in job applications. This page only applies to Texas so you might be looking for a State law rather than a Federal law.

http://www.tdi.state.tx.us/jobs/aplicpro.html

SELECTIVE SERVICE
According to Section 651.005 of the Texas Government Code, TDI may not hire a person as an employee if the person is of the age and gender that would require a person residing in the United States to register with the Selective Service System under federal law unless the person presents proof of registration with or exception from the Selective Service System. This requirement does not apply to a person employed by the state agency before September 1, 1999, as long as the person's employment has been continuous. TDI will confirm registration or exemption with the Selective Service System.

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I also found the same info for Los Angeles.

*IF YOU ARE AN 18-25 YEAR OLD MALE, PLEASE READ THIS *
Federal law requires young men 18-25 years of age to register with the Selective Service System. Failure to register may preclude you from obtaining certain government jobs, receiving state and federal student financial aid, participating in federally funded job training and skill enhancement programs, and becoming a member of any law enforcement agency. Furthermore, you may be subject to a number of other penalties, including criminal prosecution.

Jobs within Los Angeles County government which require Selective Service Registration include: Deputy Sheriff, Fire Fighter, District Attorney Investigator, Safety Police Officer, Deputy Probation Officer, Detention Services Officer, and Group Supervisor, Nights.

The County of Los Angeles Department of Human Resources now makes it possible for you to register with the Selective Service System, on-line. If you wish to take one-two minutes to register, please click here: http://www.sss.gov/regver/register1.asp

http://easier.co.la.ca.us/jobs/cfscripts/search_body.cfm

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Like I said above - it seems to be a STATE LAW thing, not Federal law. Find the North Carolina employment office website and see what its law and policies are.

One more thing. If you havent registered, its best to put N/A in that section of the form, rather than leave it blank, because if its blank, they will say its incomplete, and either return it to you, or reject the application.

However if you do write N/A, they will (most likely) check to confirm that you do not need to be registered with the SS. If you should be registered, then the company may reject your application anyway.

Yes its discrimination, but this time it seems to be legal, because federal law says you MUST be registered.

Hope this (sort of) helps. Sorry its so long.

Answer 2

1

Answer 3

That one expert who quoted the North Carolina statute is correct.

But the one point that was left out that would apply to you is this. If you're applying for public school teaching positions, then you'd technically be a state employee and subject to that law. The same goes for applying to teach at a state college.

Answer 4

Not registering for Selective Service is a FELONY.

That is why employers can legally ask the question, because it's against the law if you don't register.

The message the employer is sending is that they don't want any law-breakers employed with their organization.

Schools can ask for the information if they receive gov't assistance because the gov't will deny funds to organizations and educational institutions that accepts men who are eligible to register and fail to do so.

That is why you can't get financial aid if you don't register.

Answer 5

I don't think there's any law that says that it HAS to be part of a job application, but there's no law that says it can't be. Some employers might want only people who follow the law as potential employees.

Answer 6

Is it a state or some type of government position? I don't know that there is actually a law which requires it on the application, but for most government jobs (in various states, see below), they all have a question about selective service requirements.

See:
http://www.djj.state.fl.us/Employment/SOFApp.pdf
http://www.osp.state.nc.us/jobs/gnrlinfo.htm
http://www.tdi.state.tx.us/jobs/aplicpro.html

And, if you look at Texas' application, it says: "According to Section 651.005 of the Texas Government Code, TDI may not hire a person as an employee if the person is of the age and gender that would require a person residing in the United States to register with the Selective Service System under federal law unless the person presents proof of registration with or exception from the Selective Service System. This requirement does not apply to a person employed by the state agency before September 1, 1999, as long as the person's employment has been continuous. TDI will confirm registration or exemption with the Selective Service System."

So, if you look at North Carolina's information, it says "Males subject to Military Selective Service Registration must certify compliance to be eligible for state employment (G. S. 143B-421.1)" The G.S. is "General Statutes."

Here is a quote of G.S. 143B-421.1:
§ 143B‑421.1. Selective Service registration.

(a) A person who is required under 50 United States Code Appx. § 453 (Military Selective Service Act) to present himself for and submit to registration and fails to do so in accordance with any proclamation or any rule or regulation issued under this section, shall be ineligible for:

(1) Employment by or service for the State, or a political subdivision of the State, including all boards and commissions, departments, agencies, institutions, and instrumentalities.

(2) State‑supported scholarships, programs for financial assistance for postsecondary education, or loans insured by any State agency, including educational assistance authorized under Article 23 of Chapter 116 of the General Statutes.

(b) It shall be the duty of all persons or officials having charge of and authority over either the hiring of employees or granting of educational assistance, as described in this section, to adopt rules and regulations which shall require applicants to indicate on a form whether they are in compliance with the registration requirements described in subsection (a). Rules and regulations issued under the authority of this section shall provide that an applicant be given not less than 30 days after notification of a proposed finding of ineligibility for employment or benefits to provide the issuing official with information that he is in compliance with the registration requirements described in subsection (a). The issuing official may afford such person an opportunity for a hearing to establish his compliance or for any other purpose.

(c) A person may not be denied a right, privilege, or benefit under State law by reason of failure to present himself for and submit to registration under 50 U.S.C.S. Appx. § 453 if:

(1) The requirement for the person to so register has terminated or become inapplicable to the person; and

(2) The person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register. (1989, c. 618.)

I hope this helps. I found it on Findlaw.com and here:
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_143B.html

So, I'm going to say it's on the job application to determine ELIGIBILITY for employment...why would someone bother going through the application, interviewing, etc. and then find out that the male they want to hire is not eligible for employment due to his failure to register with selective service.

Answer 7

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Answer 8

because if you haven't registered, than you would be breaking the law, the company is covering all the bases, it is not an "illegal" question but one that is pertinent to your employment.