Written by No you should not if the circumstances are not called for. No, job applicants do not have to answer EEO questions on job applications, but they must decline to answer if they are not willing to take the survey. In some cases, certain questions are legal, in others they are not. are kept separate from the rest of the application. These require you to discuss specific times when you've demonstrated the essential skills and … Employers are allowed to ask if an applicant is legally qualified to work in the United States. How race and ethnicity categories in job applications, forms, and the census ignore the reality of mixed identities . California, Hawaii, Wisconsin and Chicago are just a few. You can choose to leave the question about race blank, and if you choose to do so, discuss your race/racial identity in other parts of your application. Are You Hispanic or Latino? Question: When I apply for a job, should I put my ethnicity Especially in places like California that don’t have affimative-action policies When I write my race, is this hurting my chances to find a job I have an engineering degree, with good grades, and 8 years’ experience, but I can’t find a job. Employers expect you to follow up! Questions concerning whether an applicant owns a home have been held to be improper as being discriminatory against minority members, since a greater number of minority members do not own their own homes. Quotes and offers are not binding, nor a guarantee of coverage. We strive to help you make confident insurance and legal decisions. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. Applicants can be asked about educational background, schools attended, degrees earned, and vocational training when the performance of a job requires a particular level of education. Some potential employees may be required to take a physical examination, only if all employees are required to be physically examined. On most job applications, it’s up to the applicant’s discretion whether to answer a race question at all. Be honest: Be truthful, accurate, and honest. The EEOC takes the position that questions concerning arrests are improper unless the applicant is being considered for a security-sensitive job and the employer does an investigation to determine, in effect, whether the applicant was likely to have committed the crime for which he or she was arrested. He earned a J.D. We update our site regularly, and all content is reviewed by experts. Jeffrey Johnson is a legal writer with a focus on personal injury. They should not be legally allowed to … U Yes U No Question 2. You may be asked to write a personal statement, or be asked competency-based questions. My previous employer is giving me nasty references. What are some other questions employers can or cannot ask during the hiring process? For employers and potential employees, it’s important to become familiar with the types of questions that can (and cannot) be asked during the hiring process. For information on visas and immigration statuses for work purposes, go to the Immigration Law section of FreeAdvice. The Americans with Disabilities Act prohibits general inquiries about disabilities, health problems, and medical conditions. By Staff Writer Last Updated Apr 8, 2020 1:11:21 PM ET Employers that receive federal funding, such as public universities, ask about a job applicant's race and ethnicity, including whether or not he is Hispanic or Latino, to prove that they are not violating federal laws against workplace discrimination. While questions about military experience or training are permissible, questions concerning the type of discharge received by an applicant have been held to be improper because a high proportion of other than honorable discharges are given to minorities. Why is information submitted on an employment application critical? It is improper and illegal to ask whether an applicant is a member of a union. (Questions about height and weight are not acceptable unless minimum standards are essential to the safe performance of the job.) Be prepared to complete a job application: Many employers require formal job applications. Therefore, employers should not request information that discloses or tends to disclose an applicant's race unless it has a legitimate business need for such information. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. Bottom line: You must keep employment inquires strictly job-related and avoid questions that could lead to actual or perceived discrimination. Federal law prohibits discriminating against job seekers because of race or gender, so being asked to volunteer such information in a job application may seem odd. Such changes often lead job candidates down a slippery path and often yield more problems than solutions. Appearances Can Be Deceiving: Making Hiring Decisions Based on Physical Appearance. Example: An application form for the job of driver may ask whether the employee has a drivers’ licence, if driving is an essential duty of the job. If an employer needs the date of birth for internal reasons, i.e., computations with respect to a pension or profit-sharing plan, this information can be obtained after the person is hired. As with interview questions, certain questions, such as those related to religion, arrest record and year of graduation from high school or college, should be avoided on application … National reporter Yamiche Alcindor answers a question about race and job applications. … To help you succeed in the hiring process with an inclusive company , I’ve put together this list of DEI questions you may be asked along with advice on how to answer them and sample answers to … With holiday hiring in full swing, it is a good time to review some basic rules about employment applications in California. And of course, employers aren’t supposed to consider race … Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. I reached the section regarding questions about race … Find the right lawyer for your legal issue. Questions concerning whether an applicant has been the subject of garnishment proceedings should be eliminated from employment applications. Send us your question using #askusatoday or post it on our Facebook page. Generally, questions should not be asked about gender, race, religion, and national origin, either on employment applications or during job interviews. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. It is important to note that Title VII does not prohibit discrimination on the basis of sexual orientation. The EEOC takes these positions because of statistics that show that ethnic minorities are arrested and convicted at considerably higher rates than non-minorities. Why does race matter during the hiring process? Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Both employers and employees should be aware that age is a very sensitive pre-employment question. Equal Employment Opportunity Commission (EEOC) and some courts have looked closely at an employer’s educational requirements to determine whether they are being used to exclude minorities who, generally speaking, have obtained lesser levels of education. All legal content, insurance rates, products, and services are presented without warranty and guarantee. Send it to us using the #askusatoday hashtag on Twitter or email us at askusatoday@usatoday.com. Our opinions are our own. This refers to non-citizens in the United States on valid work visas and who can legally be hired to work in either a specific industry or for any type of work, depending on the type of visa. How to Follow up on a Job Application (with Email Samples) Once you’ve submitted your job application, don’t just sit and wait. Using the garnishment history of an applicant in determining whether he or she will be hired is probably discriminatory, because more minority members have their wages garnished than do whites. But why do potential employers ask us this question and is it legal? Why Do Job Applications Ask If You're Hispanic or Latino? What can I do? Why you should include questions on job application forms. If your race / gender is going to be a hiring issue, they’ll interview you and just not hire you anyway. It is important to note that California has an express constitutional right to privacy that is considered even more protective than the federal right to privacy. A script is provided for staff to use to help introduce the questions that follow. Some sections of a job application form will only need straightforward factual answers, such as your personal details or education history. The only time you will see that question (along with gender and veteran's status) is during the actual hiring process on a form called "Self Identification Form". That is not a question on applications. This doesn’t influence our content. Copyright © 1995-2021  |  FreeAdvice.com  |  15310 Amberly Dr, Suite 250, Tampa, FL 33647  |  Privacy Policy  |  Terms & Conditions  |  CCPA. Have a question you'd like answered? Photo via Pexels by Rawpixel.com. For instance, you could mention or elaborate on your racial identity in one of your essays and flesh out your identity and its … For example, inquiring into the English language proficiency and educational background of a secretarial candidate is proper, while the same inquiry would likely be improper for a janitorial applicant. A sexual harassment plaintiff might similarly argue that the employer pre-screened applicants for physical attractiveness. © 2021 USA TODAY, a division of Gannett Satellite Information Network, LLC. Employers sometimes ask about race on job applications for affirmative action purposes or to track applicant data for internal assessment. So even if you choose not to identify your race on job applications, search committees are still going to draw conclusions from the information you … Let me Explain: a company may want to follow policy so they can be good standing with laws. Checking off a single box, or more than one in some cases, can determine an applicant’s chances of getting into their dream school. It's a request we often see when filling out a job or college application: Please check the box or boxes that indicate your race. What i think about when a job applications asked me about which race to pick. However, companies … Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. Managing Editor & Insurance Lawyer. Application form questions help you better pre-screen job applicants and create more complete candidate profiles. So guess what?...You have come full circle and are just another number. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Your California Privacy Rights/Privacy Policy. Reality is, its a defensive practice not a welcoming practice. However, it would be wise to check with an employment law attorney regarding these inquiries and requirements, as they may implicate the employee’s or applicant’s right to privacy. and if so, how do companies promote affirmative action programs and equal - Answered by a verified Lawyer . In general, it is assumed that pre-employment requests for information will form the basis for hiring decisions. Regardless of your answer to question 1, go to question 2. – Are you able to lift a 30kg weight and carry it 100 metres, as that is part of the job? More so, the data from the questions only becomes relevant if the person accepts the job. What questions are safe to ask on a job application or in a job interview? Height and weight requirements have been found to violate the law in situations where such requirements have eliminated disproportionate numbers of female, Asian-American, and Spanish-surnamed applicants, when in such cases, the employer could not show that the physical standards were directly related to job performance. You can also post it on the USA TODAY Opinion Facebook page. Therefore, in order to avoid charges of discrimination under this Act, citizenship questions should probably be deleted from employment applications. Generally, age is considered not to be relevant in most hiring decisions, and therefore, date-of-birth questions are improper. An application form for that position should not ask for a copy of the applicant’s driver's licence because it contains personal information that could lead to the person being classified according to age. False information on a job application can be grounds for not hiring an applicant … If a job does not require a particular level of education, it is improper to ask questions about an applicant’s educational background. Make a list: Have a list of your credentials ready or use your resume as a guide, so you have all the information you need available when you apply. Questions concerning whether an applicant has friends or relatives working for the employer may be improper, if the employer gives a preference to such applicants. The requirements that an applicant furnish a picture has been held to help support a claim for race discrimination when it was demonstrated that an employer never hired a minority applicant, the theory being that the picture was required so that an employer would remember which applicants were members of minority groups.
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