01-28-2008 - Workshop
Workshop Session
January 28, 2008 @ 5:30 pm
Memorandumfrom City Attorney
DORAN, WOLFE, ANSAY & KUNDID
444 Seabreeze Boulevard
Suite 800
Daytona Beach, Florida 32118
Telephone: (386) 253-1111
Facsimile: (386) 253-4260
MEMORANDUM
TO:
Michael L. Thomas, Mayor
Harriet E. Rhodes, Vice Mayor
Debra 1. Rogers, Councilwoman
Gigi Bennington, Councilwoman
Ted Cooper, Councilman
RECEIVED
JAN .9. 4. ?fJ08
CITY ATTORNEy
CC:
Tracey Barlow, Interim City Manager
FROM:
Carolyn S. Ansay, City Attorney
DATE:
January 23,2008
RE:
City Clerk Interviews
As you prepare to interview the candidates for the City Clerk position, you should be aware
that Florida and federal law present pitfalls which should be avoided during this process. Please
accept this memorandum as guidance for the interviews and the types of questions which may be
asked.
Potential Problem Subjects:
1. Age: Do not ask questions which could reveal the age of the candidate. For example,
do not ask about dates of birth, dates of degree awards or dates of graduation from an educational
program. The Age Discrimination in Employment Act of 1967 protects employees 40 years and
older. 29 U.S.C. S 621 et seq.
2. Disability: It is improper to ask questions related to a candidates's health or physical
disability. The Americans With Disabilities Act of 1990 prohibits discrimination based upon
disability. For example, do not ask if a candidate has ever been hospitalized, takes medication or
about a candidate's general health.
3. Religion: Refrain from questions regarding the religious beliefs ofthe candidate. For
example, avoid asking whether a candidate is of a particular religious denomination or would be
Memorandum to City Council
January 23,2008
Page 2 of2
routinely available for work related projects during a particular Sabbath period. Title VII ofthe Civil
Rights Act of 1964 prohibits employment discrimination based on religion. 42 U.S.c. S 2000 et seq.
4. National Origin and Race: Do not ask questions related to a candidate's national
origin or race. For instance, do not ask a candidate for information about their birth city or country.
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on national
origin and race.
5. Gender: A void questions which appear to discriminate based upon gender or private
family matters. For example, avoid asking questions which deal with the applicant's ability to
balance the demands of family life and the workplace or a candidate's plans for raising children or
marriage. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on
gender.
6. Marital Status: Refrain from questions which may reveal the marital status of the
candidate. For instance, do not ask questions eliciting information about a candidate's spouse.
Section 760.11, Fla. Stat., provides that it is not permissible for employers to discriminate based
upon marital status.
7. Organized Labor: Avoid questions which may reveal a candidate's prior or current
union involvement.
Please do not hesitate to contact me should you have any questions or concerns.
CSA:kl