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126305 · September 2009

We have just been in EEO audit due to a job using stimulus money. We were told that we could ask job applicants their race on our applications due to the fact that the job was being paid with stimulus money. All our employees will not work o this job and I wanted to know if it was legal to ask people their race on a job application. Please help

sonny · September 2009

did they say you COULD or had too? I don't have an answer, but I sure don't like the concept. Interested in what the rest of you say?

joannie · September 2009

If you are required to do the EEO1 report and have an Affirmative Action Program, you may collect the data separate from the application. We use a couple of forms called an "Applicant Data Record" and an "Employee Data Record". The Applicant Data Record is immediately separated from the application when it is received. The Employee Data Record is not a part of the employee personnel record; it is kept in a separate location. If you will pm your e-mail address, I would be happy to provide a copy of both.

Edited: I'm sorry, that was kind of an indirect answer to your question. The answer is, no, you can not ask for that information on the job application itself.

ACU Frank · September 2009

I don't necessarily agree that you [B]can't[/B] ask... but to do so in this day and age would 'prove' that it is a factor in the hiring decision. That's probably a road you don't want to travel.

Nanook88 · October 2009

I agree you may be able to ask it on the application but if its on there you will have a hard time proving it isn't a consideration. Collecting the info at time of application and seperating it so it can't be a factor in the hiring process is the safer way to do it.

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