Social Question

Seek's avatar

Is it legal for a prospective employer to demand a headshot along with a resume?

Asked by Seek (34808points) October 12th, 2010

I’m not talking about entertainment-based jobs.

I search the job ads on Craigslist daily, and I’m shocked at the number of ads that ask for a photo to be sumbitted with a resume and cover letter.

This one for a medical receptionist, for example. Tons of ads for bartenders, even one for a salesperson at an auto body shop!

If it is (supposedly) illegal to discriminate based on age, sex, creed, colour, national origin, etc… is it legal to discriminate based on physical attractiveness before you even meet the person?

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15 Answers

Kayak8's avatar

I can’t imagine that it would be legal. It is a clear way to make judgments about race, national origin, etc. What the hell . . . .

St.George's avatar

I don’t think it’s allowed in the US. If they want to see what you look like they should ask you to an interview.

diavolobella's avatar

That is not the only thing wrong with the medical receptionist ad. They also specify they are looking for a female receptionist, which they cannot do. That is not permitted under Title VII. Employers cannot discriminate based on gender, race, national origin, religion or age. In some places there are also laws prohibiting discrimination based on a person’s sexual orientation or the fact that they are transgender. The only time those laws can be sidestepped is if the employer can prove that the job in question can only be done by the specific type of person they are looking for. A medical receptionist does not need to be a woman.

While it’s true that looks often do come into play during the hiring process, asking for a headshot ahead of time is not appropriate. How can they prove the purpose of the headshot isn’t to weed out people of certain ethic backgrounds, races, etc? They can’t.

Austinlad's avatar

Lots of good info here about interviewing and being interviewed, and according to the paragraph on race, asking a prospective employee for a photo NOT permissible.

jaytkay's avatar

Just cover those ears and send a photo, OK sweetie?

kidding

josie's avatar

Anybody can ask for a photo. It is only illegal if they were biased. You would have to prove that.

diavolobella's avatar

@josie. If a claim of discrimination was brought against the employer, they would have a heck of a time denying bias if the job had nothing to do with appearance (such as an acting or modeling job). Sure, it is not illegal for them to ask, but if they deny you an interview because you refuse to comply and you meet all the other requirements, they are on very thin ice if you decide to file an EEOC claim. Most employers have better sense and I’d be very wary of working for one that didn’t.

Pandora's avatar

There are a lot of false postings on craigslist. Its probably some perve or someone looking to steal someones idenity. Think about it, phone numbers , relatives for comfirmation, your adress, possible, social security information, permission to research you further your credit and get more private details. Now add a photo and now there can be 10 of you running around the country.
Smells like a scam. A real company wouldn’t advertise on craigs list. Go to a more legit site that at least researches the companies that apply with them.

diavolobella's avatar

@Pandora. What you said. :)

Seek's avatar

Well, I’ve been hired through Craigslist before. I don’t deny there are a lot of scammers, but it doesn’t take much to avoid identity theft. Reference are “available upon request”, I never give Social Security information until I’m hired. Phone number and address are pretty much public information.

I’m considerably more worried about the “legit” jobs taking advantage of high unemployment to be discriminatory, than I am about stupid email scammers wanting me to “check my credit score for free before being hired”.

NaturallyMe's avatar

I’m not sure why it’s a big deal. Those who want to apply for the job do so, the rest avoid it because they don’t want to send in a photo. Maybe the employer wants to see that you look like a decent need person, ie presentable. Many employers will not accept untidy un-presentable people working for them, especially not if they have to deal with customers.
It is often that you see in job ads here for eg. female persons only to apply, or black persons only, etc. I suppose our laws are different.
But in the case of employers sourcing prospective employees from the internet, and who probably don’t have time to meet up with EVERY SINGLE one of them (maybe hundreds apply), it seems reasonable to me for them to want to request a photo, so that they can remove from the interview list any of those who don’t look presentable.

Seek's avatar

In that case, @NaturallyMe, they should choose the candidates that best fit on objective terms (experience, references, education, etc.) and then schedule a personal interview.

There are many attractive people that have no customer service skills, and there are many people who don’t photograph well that can be the best salespeople around. Choosing whether to interview someone based on an emailed photograph is very thinly veiled discrimination.

NaturallyMe's avatar

@Seek_Kolinahr Well, of course they should look at the photo in conjunction with the person’s qualifications and experience. Yes, some might perceive it as a flimsy method of interviewing, basing it on possibly badly taken photos, but what i don’t understand is why should it be regarded as illegal to request a photo? Isn’t it the employer’s prerogative how they want to conduct interviews (within reason of course)? If an employer wants to conduct an interview that i don’t like doing, i won’t apply for it, i’ll move on to the next opportunity. Employer’s shouldn’t be forced by law to take on any person, they should be able to choose what kind of people in their experience is best suited to the job. And even if they’re wrong in their opinions, shouldn’t they still have a choice? If we as society value our freedom to choose how to do certain things, it wouldn’t be fair to force employers to go about employing people they think they don’t want.

Seek's avatar

I think that in a job market where 13% of the population is on unemployment and an untold number of people don’t qualify, the idea that only attractive blonde white women have a shot at a customer service job is wrong on so many levels I can’t choose a word to describe it. Demeaning? Insulting? Disheartening? Oppressive?

I happen to be a blonde white woman, and I don’t want to apply for these jobs because even if I got it, I would feel like shit because I may have been chosen solely for my demographic over someone more qualified.

I believe everyone should have an equal opportunity to be hired. If you can give me one good reason an attractive female would be better at answering phones and making copies than an unattractive male, I’m ready to hear it.

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