Saturday, May 15, 2010

Originally posted on www.ThatsSports.com - April 28, 2010

So how did that job interview go?!

It's a shame political incorrectness and basic stupidity have to hang a cloud over the joy of sports and sports discussion. I absolutely agree with Len when he blames the 24-hour culture of news and sports, not to mention entertainment. Everything is "on the air" or "on the Internet." Everybody's an "expert," and the volume gets ratcheted up. Sorting through the noise, intelligent conversation is harder and harder to come by these days. Well, as hyper-verbal as I am, I hope I'm adding a small grain of intelligence to the overall discourse.

As Len wonderfully put, "Can you say anything about anybody? Of course not". But let's break the golden rule and talk a few moments about Miami Dolphins general manager Jeff Ireland, and his interview of and apology to Dallas Cowboys top draft pick, wide receiver Dez Bryant. Ireland asked Bryant whether his mother was a prostitute during a pre-draft visit. Unless you think this seems reasonable and all job interview questions are fair game, you're naturally outraged and shocked by such questioning. If not, ask yourself how you would feel if such a question was posed to YOU during a job interview!

Yes, there was lots of discussion among the sports shows over this story, and on ESPN's "Mike & Mike Show" this morning, Mike Greenberg and Mike Golic even chatted about the story with ESPN's Vice-President for Human Resources. My reaction? Initially too mind-boggled, but I'm slowly putting it in perspective, and I'd like to share a few thoughts with you.

As most know, I'm a disabled American, a spinal cord patient who is thankfully ambulatory and still possessing a functional brain and intellect. But since I've become disabled, my professorial life has never been the same because of the ignorance and prejudice I encounter in and out of academia. Because I now require accommodations under the Americans with Disabilities Act, I also run up against the reality of how employers don't want to deal with ADA statutes or employees protected by those statutes.

How do I fight discrimination as a disabled professional? I keep the Equal Employment Opportunity Commission very busy with formal complaints. To date, I have pending EEOC cases against 6 universities, 1 community college, 1 consulting firm, and 2 think tanks. And these are only for cases since November 2009! If I had my current knowledge and courage back in 2007, when I tried to return to academia after 6 months of being in and out of a hospital for major spinal surgery, it's quite likely I'd have at least another 15-20 cases on federal dockets.

Please understand that EEOC is not the same thing as Affirmative Action, even though most US employers are under the EEOC/AA umbrella. Affirmative Action primarily deals with assurances that employers give equal consideration to all qualified applicants regardless of gender or ethnicity, their primary criteria. On the other hand, EEOC addresses discrimination on the basis of gender, ethnicity, age, sexual orientation, religion, pregnancy, whistle-blowing, disability, or genetic profile. EEOC addresses discrimination for current, past, and prospective employees.

Getting back to the Jeff Ireland and Dez Bryant story, there are two primary concerns most folks are raising:
1. Was the prostitution question illegal in addition to inappropriate, or is anything "fair game' during a job interview when millions of salary dollars are involved for an athlete in the public eye?
2. Does a pre-draft meeting really constitute a "job interview"?

Based on my experiences with EEOC/AA rules, my unofficial answers are:
1. The question was highly inappropriate, but not necessarily illegal, ASSUMING this same question was asked to EVERY prospective draft choice Jeff Ireland met with.
2. YES, it's a job interview if you're meeting with someone who may become an employee (paid or not)!

I don't think we need to debate my second answer, so I will explain my first. Given the umbrella of personal domains the EEOC protects with regards to discrimination in the workplace, the prostitution question falls into very gray territory with regards to racism. One could argue such a question might be asked just as easily to a white, Latino, or Asia football player if his mother had a number of legal issues and criminal raps. If Dez Bryant wanted to make a legal case against the Miami Dolphins, he could make use of the following questions the EEOC asks on their Intake Questionnaire:
1. Of the persons in the same or similar situation as you, who was treated better than you?
2. Of the persons in the same or similar situation as you, who was treated worse than you?
3. Of the persons in the same or similar situation as you, who was treated the same as you?

If Jeff Ireland asked the prostitution question to Dez Bryant because his mother specifically has a criminal record, it could violate EEOC rules. If the question was posed to see how Dez Bryant would react to potential heckling in public, it's tacky (remember the old SNL skit between HR manager Chevy Chase and job applicant Garrett Morris, where racial epitaphs were hurled back and forth during the interview?). Does it violate EEOC rules? Only if Dez Bryant was the only candidate subjected to this mode of questioning.

And there's the rub... If the Miami Dolphins have a policy of antagonizing prospective players according to their personal skeletons, it could very well be legal and non-discriminatory. If it's not a uniform policy and documented protocol, Dez Bryant could very well have a case to make with the EEOC.

Keep that in mind the next time you go on a job interview, and your prospective employer asks about your clothing, place of worship, eating habits, physical appearance, or anything else you might find trivial but odd. You have a legal right to ask your prospective employer if these questions are asked of all the other applicants for that job.

My advice to Mr. Bryant, the next time a general manager asks if your mother's a prostitute, calmly reply, "No, is YOURS?" And to Mr. Ireland, don't you have better things to do than ask "Your mama" questions?

Just my hopefully intelligent thoughts for today...

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