New Employee Information

King

Can employers ask new employees to disclose race as part of the personal information record? Also, marital status? If so, should the form state that providing the information is voluntary?

Down_the_Middle

Help clarify whether this "new employee" is still a prospective employee or has an offer been made and accepted????

King

After offer is accepted; the form is given to new employee to complete the 1st of 2nd day of employment during employee orientation

Down_the_Middle

There's no problem with asking a current employee any type of information that has a business related purpose. Things like: age, sex, race, marital status, etc......... are all perfectly acceptable. While these categories are frowned upon from a pre-employment basis, no problem with once the person's on-board. As far as stating that this info is requested voluntarily, I would refrain from disclosing that. Either you need the info or you don't. Stating that's it's voluntary will cause you to have a partial picture of whatever data you're trying to capture. It's easier to get new hires to disclose all the info up front, rather than keep going back to people asking more questions. That's what makes people suspicious.

System

Why in the world do you want this information? Is it needed for a government affirmative action plan? If you're sued for discrimination and I'm on the jury, I'd be suspicious why your company is so interested in this information.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

LAB

This information is required for numerous reasons. AA plans, annual EEO-1 report, VETS-100 report, Health and benefit enrollments, emergency contacts, sending initial notification of COBRA rights, and probably a dozen other notifications and regulations. It how you acquire, store, allow access to (and by whom) and utlize that is important

Theresa Gegen TX

Most employers that I know of that collect this type of information do it in a manner so that it is kept seperate from the other personnel information and cannot get into the hands of the supervisors.

I've seen it done with a tear away form that is put in a seperate envelop and always kept seperate from personnel records.

An employer can get into trouble if the information gets into the personnel file and then the supervisors (who make employment decisions) get access to it. Employees will argue that the information was used in the decision making process, because it was there with the other information that is used (for example, performance reviews).

so the key to collecting it is to keep is physically seperate and limit access.

Good Luck!

awilliams

I agree wholeheartedly with Teresa. Privacy rights of employees is going to be a big issue in the next few years, so employers ought to start getting their ducks in a row now. In fact, we are putting out a new HR Executive Special Report on Employee Privacy Rights to keep all of you in the loop.