According to the EEOC (The United States Equal Employment Opportunity Commission): "Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit." We all know that perspective, and think we understand it. To read a summary of those employment practices that are specifically prohibited by the various appropriate Federal laws, go here.
As I mentioned in my previous post, one of the practical results of equal employment practices is the applicable Federal law relating to using photographs on your resume, or by inference, using photographs at any time through the employment application process (e.g. photos on resumes).
I've received a number of resumes over the years with photographs on them. It's sort of ironic that the photographs are usually of attractive young women. It's obvious that a photograph at the very least identifies the applicant's gender and race/color and/or ethnicity. Each of those characteristics is protected under Federal law. The employer (every time I use the word "employer" in this article, it also refers to recruiters) is not allowed to use any of those characteristics as a part of the application process. The only certain way to insure that an employer won't (can't) use them, is to not give employers that information.
The EEOC specifically states: " . . . 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." Employers should not ask for a photograph . . . that's clear. It's also clear from EEOC rulings and case law, that a photograph should simply not be apart of the application process.
In this world of websites, social media, LinkedIn and Facebook, much of the content might have been created in support of the employment (job search) process, what's one to do?
Here are my suggestions to utilize social and new media, without compromising employers and getting the attention of the EEOC.
You should not:
- Include a photograph on your resume or any support materials created by you and used as a component of the application process.
- Include a photograph on a blog or website (created by you or soemone you hire) that you use as a part of the application process.
What about LinkedIn and the profile photograph? Many professinoals use LinkedIn in support of the employment application process. So far, there is no case law that suggests that the profile photograph on LinkedIn cannot be utilized. That's not to say what rulings will happen in the future. Relative to the speed of the EEOC and Federal Courts, LinkedIn is a relatively "new" phenomenon and may very well be dealt with in a larger context than it "contains a photograph". (I consider Facebook to be personal, and LinkedIn professional . . . so I'm not dealing with Facebook now).
You can include your LinkedIn Profile link on your resume. I cannot send your LinkedIn profile to my client as part of my introduction process. I cannot send a website with your picture as part of my introduction process. It is permissable (so far) to include your LinkedIn Profile link on your resume (even with the profile picture).
This is important, because once employers see your picture as a result of how you apply, or introduce yourself, they have to disregard you as a candidate. They may or may not inform you of that decision. Don't put them in the position of having to make that decision. Become a candidate based on your experience, passion and goals . . . not your looks!