taking pictures of applicants

Nathan · September 2003

Does anyone know if it is lawful in Kentucky to take a picture of the applicant at the time of an interview. Sometimes we don't hire the person immediately but want to consider them for a position that may open in the distant future and we are having trouble remembering who people are just by looking at the resume and last interview notes. The picture would help "jog" our memory...

Janet · September 2003

I'd think you'd be looking at possible discrimination issues. I wouldn't do it.

rad · September 2003

I agree...you should be hiring based on the resume and interview notes alone.

Nathan · September 2003

That seems logical...but what if we are in a very small town of 2000 total population that is 95% "white". In 4 years we have had around 150 aplicants (almost all woman) and only 2 were other than "white" skin and we hired one of them as our inhouse IT person. (the other one we called to offer a job to and he declined)Would it be "more" safe, lets say, if we only took pictures of the "white" skinned applicants. I think I know what some of you may say but it sure would be a convenient way to remember people. On the other hand, we obviously don't want to do anything that risky in any way...

sonny · September 2003

It's really not any more safe. . then if you did NOT have a photo of someone you would know they were NOT white.

Parabeagle · September 2003

I had to fight this battle with my boss. There's nothing necessarily illegal about it, it's just bad practice -- one more flaw in the process that could allow an applicant to claim they were discriminated against because of race, color, national origin, etc. We do, however, take file pictures of employees AFTER they're hired (with their consent) for the newsletter and the company directory.

sonny · September 2003

It's a no no here. I think one group still does it behind my back tho

Don D · September 2003

we are having trouble remembering who
>people are just by looking at the resume and last interview notes. The
>picture would help "jog" our memory...

This is precisely the position the EEOC will take...."That having photos of applicants did indeed 'jog' your memory and remind you which applicants were minorities". They will ask you how indeed does a photo remind you of one's qualifications, experience and skill set, when you have the resume and/or application right there to do that. They will immediately conclude that by looking at photos, you suddenly are able to recall, 'Oh yeah, now I remember Luther. He's that fat black guy'. They will not buy your explanation, no matter what it is. Run from the suggestion. Sonny, you maybe should put out a policy statement or something for the file to show that you did all possible to keep this practice out.

sonny · September 2003

Good idea, Don, I will make a note of it . .but it is the police department. .they have their own rules sometimes you know. .:)

Don D · September 2003

Sonny: This tells us a bit more about you. You often admonish us to 'return to our cells' but I didn't know you were actually IN that environment. Also, your comments about the police chief search the other day make more sense now that I know you work for one. x:-) Yes, they do tend to have their own set of rules. We have a county constable, who does mundane things like serving process and waxing his black truck, but he also has full arrest powers. He has his own odd set of rules...He is awaiting trial for sitting in the parking lots of apartment buildings and video-taping women through the windows and glass doors of the apartments. He claims he has the right to do that if he wants someone under surveillance and the tapes were a form of research for him, plus his camera was new and he was trying to see how it worked (over a 6 month period). Some of the ladies reported him and the 'for real police department' sent their own guy to video tape the constable video taping. He just ran for re-election last week and was defeated by the way. His written platform on his pamphlets spoke of 'A spotless record of law enforcement for the past 8 years'. His pamphlets also pointed out that he was a Christian and his opponent, who won, was a Jew. Go figure.

sonny · September 2003

Your story is hoot, Don and am grateful it is not that bad (by a long shot) here.

As to your intro, don't work IN the environment, just try to work WITH

Also, don't work FOR chief. .he doesn't much care for me (go figure)

I thnk it might have something to do with my mouth and gender..

FrayWitzer · September 2003

Not that you need yet another voice Sonny, but the idea is insane. The fact that it is a police department will, I am afraid, make it even more suspect. Not that this doesn't happen in my line of work as well (lawyers are the worst). Way back when as a new law school grad, I went up to NH for an interview with a prosecutor's office. The DA was out in court, but asked me to wait for the interview. After about an hour and a half he shows up, thanks me for coming, and asks if I have a picture I can send for them to attach to my resume so he can remember who I was. (I remember thinking, could I just send you something that says, "I'm the Jewish-looking one?") The interview contained no other questions. Guy was soon voted out of office on the heels of some big discrimination lawsuit (not from me). What a shocker.

Don D · September 2003

Sonny and Fray: I'm assuming these guys also fingerprint applicants and run a urinalysis for pregnancy. Why not go the whole nine yards. The awards won't be THAT much more.

Rockie · September 2003

No...I have to beg to differ about lawyers being the worst. Doctors have to be the worst! They think they are God to begin with and no one should question their will. I have heard comments like: We have too many fat white women working here already....We don't need any more blacks on the front desk....I don't want to hire that person...she has two young children and I just know she is going to be out a lot! Who is that ugly woman in the wheelchair.

And the list can go on and on.....they generally don't make these in my presence because they know I will come down on them like a ton of bricks, but I still hear about it.

I once had an attorney tell me that he tried to advise a doctor on employment laws and the physician stated: "This is my GD practice and I will run it like I see fit!" Needless to say, he was hit with a discrimination lawsuit in less than a year.

sonny · September 2003

Geez Rockie. . thanks for sharing.. my "life" looks great in comparison!!

HRQ · September 2003

An employee once told me that her former supervisor (not our company) told her he wanted "Ferraris at the front desk, not pick up trucks" and that she was a pick up truck.

She quit.

Don D · September 2003

I assume she didn't have a husband to share that with.

FrayWitzer · September 2003

Here in Mass., a large law firm with a rather sophisticated employment practice was faced with the prospect of having to lay off some attorneys. During a partnership meeting, a senior partner suggested that they start by laying off the women since "their husbands can support them anyway." The head of the employment department took the partner aside for a little talk.

Don D · September 2003

Was that the same senior partner who one day said, "Little Lady, can we get some of you girls to make coffee?"

HRQ · September 2003

No husband. She was definitely a pick up truck. An incredibly reliable and hard working one. x:D

taking pictures of applicants

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