Declaring your race on a job application?

Question

My friend is job-hunting and was asked to fill out a survey so the company can 'help place people in jobs for which they are best suited' - it asks her to identify her age, gender and race. It's an optional question, she isn't being forced to answer, but I always thought companies weren't even allowed to ask?

They claim that the answers don't impact the outcome of your employment, only measure 'job-related factors'. This all sounds very sketchy to me. Is this even legal in Canada? Or...anywhere?

Answer 1

as long as its optional and they list that they are an EOE its perfectly legal. its more for tax cuts and statistics than anything. they cannot use the info for or against hiring her

in fact i cant say I have ever seen an app that doesnt ask that

Answer 2

It actually isn't part of the "Employment Application" - if it is then it's illegal in the US (Don't know about Canada).  It's normally after the actual application and is optional.   Due to recent laws passed in the US employers have to collect information about all their applicants race and gender.  This is purely optional for the applicant but not for the company.   Some companies are not doing this because it can be a nightmare to administer but bigger companies and those that are Federal Contractors need to be in compliance.   This information is held separately from the Employment Application and should not be accessed by the hiring managers.

Answer 3

Is this even legal in Canada? Or...anywhere?

can't say about Canada.......................

in the US it is legal to collect this info but it is suggested that it be kept separate from the application. in the US you can refuse to answer.

as far as a generic answer:

there usually aren't any illegal questions,

the illegality comes into play with what is done with the answer.

so it is suggested to not ask questions that provide an answer which could lead to an illegal use. if you ask the question it is hard to prove you did not use the answer in an illegal manner if a claim is made.

this link is to the EEOC and their compliance assistance, you will notice no place is any question deemed illegal. only actions taken or failed to be taken are illegal.

http://www.eeoc.gov/abouteeo/overview_pr...

Answer 4

Yes it's legal to ask as long as it is optional. The reason why they ask is to show that they are an equal oppurtunity employer. They report that info to the Department of Economic Security and they use that data for all kinds statistics.