I believe just like accommodating allergy or handicap, this should be something included in the application process and the employer can decide whether based upon whether they are hiring the best suited employees, they wish to accommodate their unique situation
allow it to be a company/employer decision, and they should be able to show where the employee is doing their job well enough that their loss would do more harm than good,,,
Clearly you've never hired someone before. You can not ask questions about religion, sexual preference or Identity or any other personal thing it is against the law.
no it isnt, they have an option on every application to include such information, it jsut cant be MANDATED
and if one finds it important enough, they will include it
No they can't. Once again you have no clue what your talking about. I went through extensive training on hiring people being the director of operations for a company that did Loss Prevention consultations.
1. Myth: It's illegal for an interviewer to ask about your religion, national origin, marital status, number of children, etc.
Fact: In most states, the act of asking these questions itself is not illegal. What is illegal is basing a hiring decision on the answers to these questions. So since an employer can't factor in your answers, there's no point in asking them, and smart interviewers don't go near these topics.
http://money.usnews.com/money/blogs/outside-voices-careers/2012/02/06/10-shattered-myths-about-workplace-rights
California and Nevada it is illegal.