Can an employer require a photograph of an applicant before giving any consideration to that applicant? [In my case] it is a contract position. The job has no requirements in terms of physical appearance.
Ann Kiernan replies:
No. According to the EEOC, in its statement on Prohibited Employment Policies/Practices:
As a general rule, the information obtained and requested through the pre-employment process should be limited to those essential for determining if a person is qualified for the job; whereas, information regarding race, sex, national origin, age, and religion are irrelevant in such determinations….
Although state and federal equal opportunity laws do not clearly forbid employers from making pre-employment inquiries that relate to, or disproportionately screen out members based on race, color, sex, national origin, religion, or age, such inquiries may be used as evidence of an employer’s intent to discriminate unless the questions asked can be justified by some business purpose….
Similarly, employers should not ask for a photograph of an applicant. If needed for identification purposes, a photograph may be obtained after an offer of employment is made and accepted. (emphasis added)
Posted 07-21-2020
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.