It is illegal for an employer to make decisions about assignments and promotions based on an employee`s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 years or older), disability, or genetic information. For example, an employer cannot give preference to workers of a particular race in shiftwork and cannot separate workers of a particular national origin from other workers or clients. An employer cannot base hiring decisions on stereotypes and assumptions about a person`s race, color, religion, sex (including gender identity, sexual orientation and pregnancy), national origin, age (40 years or older), disability, or genetic information. While internal use of employee photos is generally an acceptable practice, some states have laws that prohibit commercial use of employee images without consent. These laws are usually found in the civil code of a state. In states where such laws exist, employers are not allowed to use employee photos (without explicit permission) in direct marketing, which typically includes catalogs, promotional mailings or emails, or even promotional videos. In the event that an employer makes an illegal request for a photo as part of an application, you can file a complaint with the U.S. Equal Employment Opportunity Commission. The EEOC prefers that you file your complaint in person at your local EEOC office, but you can also initiate the process at least by phone or mail (see Resources).

There`s no reason to hesitate to file a complaint for fear of being the only one discriminated against — the EEOC raised $404 million for victims of discrimination in 2010 in a record number of nearly 100,000 individual cases. The law requires an employer to give due consideration to an employee`s religious beliefs or practices, unless doing so causes hardship or cost. This means that an employer may need to make reasonable adjustments at work that allow the employee to practice their religion, such as when an employee can voluntarily exchange shifts with a co-worker so that they can attend religious services. Once an employer has collected protected information (photographic or otherwise), the onus is on it to prove that it was not used to make discriminatory employment decisions. For this reason, it is best for employers to refrain from photographing candidates. In general, it is illegal to ask an applicant to attach a photo to an application. Several laws prevent employers from doing so. These include the Civil Rights Act of 1964 (Title VII), the Age in Employment Act of 1967 and the Civil Service Reform Act of 1978.

The Americans With Disabilities Act of 1990 (Titles I and V) also makes it illegal to request a photo in most cases. Q: Can an employer request a photo of a candidate in a job posting? While most employees agree that their photo is taken for security reasons, not all will like the idea of having their photo taken, especially if they are posted in a public place – even though they are still in the company. While some employees are generally uncomfortable with photos, others may have more serious reasons to keep their photo private. For example, a person may be the victim of a stalker and prefer to maintain as much anonymity as possible. It is illegal for an employer to discriminate against an applicant on the basis of race, color, religion, sex (including gender identity, sexual orientation and pregnancy), national origin, age (40 years or older), disability or genetic information. For example, an employer cannot refuse to give requests to people of a certain race. Even if an employee does not work in a state that has one of these laws, an employee may have other concerns about posting on the employer`s website, Facebook feed, and other marketing materials, whether online or in print form. A common question that employees ask themselves is whether they are paid to allow the company to use their image. Other employees are simply shy in front of the camera or have other concerns. Still others may have more serious objections, including philosophical and/or religious reasons or fear of harassment (especially if they are already being harassed). Employers should think about how to address these questions and concerns. Although they work for a company, employees have privacy rights regarding their image, photo, identity, and voice, especially when others are (such as an employer).

While there is no federal law in the United States that prohibits employers from using employees for photos, videos, etc., there are many state laws that restrict how an image/photo/video/voice can be used for commercial purposes. These state laws use a variety of terms, including “right to privacy,” “right to publicity,” and “right to privacy.” Regardless of the name of these laws, most provide that photos of employees can be used once the employee has consented to such use. See, for example, California Civil Code Section 3344 and Washington Revised Code 63.60.010. Laws enforced by the EEOC prohibit an employer or other covered entity from enforcing neutral employment policies and practices that disproportionately affect applicants or employees of a particular race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), or national origin. or a disabled person or a class of disabled persons. affect. if the policies or practices in question are unprofessional and necessary for the operation of the business. The laws enforced by the EEOC also prohibit an employer from applying neutral employment policies and practices that disproportionately impact applicants or workers 40 years of age and older, unless the policies or practices in question are based on a reasonable factor other than age.

For employees who prefer to avoid photos, it can be difficult to understand an employer`s desire to post one. If there is a valid business reason to post photos of employees, employers should explain what needs to be done. A simple explanation – especially if there are benefits for individual employees – can encourage employees to participate. Harassment can take the form of insults, graffiti, abusive or derogatory comments, or other verbal or physical behaviour.