Can a company ask for your photo before you are hired?

[quincy]

I suppose point (d) could be interpreted that way.

I wrote down a case and some backup information but can't get to it until later today. I suppose I could take some time to look it up again ...

 

[cbg]

Not necessary. We're in general agreement. If it isn't illegal it should be.

 

[quincy]

Not necessary. We're in general agreement. If it isn't illegal it should be.

Okay. I will still add the additional information later ... but I won't worry about searching for it now.

 

[Zigner]

Not necessary. We're in general agreement. If it isn't illegal it should be.

I agree with this.

 

[quincy]

I agree with this.

Requiring photos with applications is a subtle way employers can illegally discriminate against applicants. If anyone is asked for a photo on a pre-hire application, they can submit the application without a photo.

 

[cbg]

I don't think anyone disagrees or fails to understand that asking for a photo is providing a way to illegally discriminate. The question under discussion is whether it is the asking that is the violation, or the use that the photo is put. In either case, we are all in agreement that it would be a phenomenally stupid thing for the employer to do, and that even if it is technically legal, it shouldn't be.

Let's also not get too far off the mark, and remember that the OP asked about IC's and not employees.

 

[quincy]

I don't think anyone disagrees or fails to understand that asking for a photo is providing a way to illegally discriminate.

I didn't think anyone disagreed.

 

[NeilTheCop]

I reside in California. The company hires independent contractors as driver companions for senior citizen. We drive passengers to their appointments and wait for them. During the online hiring process I was asked basic questions about my employment status then was asked to upload pictures of my car and a photo of myself. It was stated the photo is for my company badge, but I'm not hired yet. I know that laws exist that prevent employers from asking for a photograph along with your application. Does those laws apply to independent contractors?

There is a possibility that such a driver will no longer be classed as an independent contractor.
https://qz.com/1706754/california-senate-passes-ab5-to-turn-independent-contractors-into-employees/Legality aside I can understand that a company who arranges the transportation of the elderly would want as much information about the drivers as possible, including a photo. It may be a requirement for their liability insurance.

 

[PayrollHRGuy]

Legality aside I can understand that a company who arranges the transportation of the elderly would want as much information about the drivers as possible, including a photo. It may be a requirement for their liability insurance.

Then it can be asked for after the job is offered.

 

[NeilTheCop]

Then it can be asked for after the job is offered.

True, but everyone was getting hung up on the nuances of discrimination law rather than the application of common sense.
Would you entrust the life and safety of an elder to a driver who didn't want his photo taken?

 

[Zigner]

True, but everyone was getting hung up on the nuances of discrimination law rather than the application of common sense.
Would you entrust the life and safety of an elder to a driver who didn't want his photo taken?

No, folks were discussing the possibility of a violation of discrimination laws when a photo is requested/required pre-hire. I don't think anyone disputes that having a photo of an existing employee on file wouldn't be considered discrimination.

 

[PayrollHRGuy]

True, but everyone was getting hung up on the nuances of discrimination law rather than the application of common sense.
Would you entrust the life and safety of an elder to a driver who didn't want his photo taken?

I would be at least as concerned with a company I hired to drive my Nana around that violated the law. No matter which law it was.

 

[NeilTheCop]

No, folks were discussing the possibility of a violation of discrimination laws when a photo is requested/required pre-hire. I don't think anyone disputes that having a photo of an existing employee on file wouldn't be considered discrimination.

I can see that now.

 

[quincy]

I can see that now.

The original concern was that the photo was asked for pre-hire, with the photo to be used for an employee badge.

There is no need for a photo for an employee badge until one becomes an employee.

To me, the request for the photo was a way for the employer to whittle applicants down by what the photo told the employer about the applicant.

 

[NeilTheCop]

The original concern was that the photo was asked for pre-hire, with the photo to be used for an employee badge.

There is no need for a photo for an employee badge until one becomes an employee.

To me, the request for the photo was a way for the employer to whittle applicants down by what the photo told the employer about the applicant.

I've been out of the job market for some time now and I often had problems with potential employers when they asked for my SSN on an application form.