Why Job Applications Ask About Race and Ethnicity

Job seekers might find it uncomfortable when a job application asks about their race or ethnicity.

The truth is that job applications usually ask about race and ethnicity for legal and statistical reasons and not for discriminatory purposes.

Under the law, employers are not allowed to hire or reject a candidate based solely on race or ethnicity.

Let’s discuss how employers can (and can not) use those statistics.

Employers Need to Keep a Record of the Applicants’ Demographic

According to the U.S. Department of Labor, employers ask about your race on a job application to follow the affirmative action guidelines and keep a record of the applicants’ demographic.

Affirmative action guidelines aim to improve employment opportunities for those candidates who might be subject to discrimination due to race, ethnicity, and other factors.

Another reason for asking about your race could be to keep a record of applicants.

Many companies record demographic information about their applicants to see if their job postings attract applicants of all races. This data can help them decide how to reach a variety of applicants and grow their company.

It Is Legal for Employers to Ask About Race on Job Applications Unless There is a Discriminatory Intent

According to the National Origin Discrimination, federal law does not state that asking for a person’s race on a job application is illegal.

The E.E.O.C. (Equal Employment Opportunity Commission) requires employers to give all applicants an equal shot at being hired regardless of race, ethnicity, and other reasons.

Suppose a company continues to grow and isn’t hiring minorities. In that case, the E.E.O.C. can examine unhired applicants to investigate whether any discrimination is at play.

The E.E.O.C. states that a business should not ask for an applicant’s race with the intent to use this information in a discriminatory manner.

If an employer asks for information regarding your race on an unofficial form or over the phone, this could be considered illegal according to the E.E.O.C. guidelines.

If you think an employer used your information for discriminatory purposes, you can file a complaint at the Civil Rights Center of the Department of Labor.

You Can Choose Not to Disclose Your Ethnicity When Applying for a Job

It is recommended to indicate your ethnicity when applying for a job. However, you should not be required to do so.

Unfortunately, Ethnic Discrimination is Still Common in the Hiring Process

Their study found that applications with names that sounded less white were 10% less likely to get a call back from the employer.

Proving Discrimination in the Hiring Process

If you are worried that you did not get hired due to discrimination, then you can file a Prima Facie Case to raise the question of discrimination.

There are four questions called the McDonnell-Douglas Test that you must be able to answer yes to be able to have a legitimate case against the business.

Are You a Member of a Protected Group of People? A protected class would be if you were disabled, of a specific age group, or belonging to a particular race or ethnicity.
Did You Meet the Qualifications for the Job? Meeting the qualifications would be if you had the required amount of experience and the required educational level to get the job.
Did Your Employer Take Any Action Against You? Taking action against you would be promoting, hiring, or terminating you. Taking action also includes not being employed by the employer.
Have You Been Replaced by Someone Who Is Not in a Protected Group of People? Being replaced by someone not in a protected class would mean, for example, you are a black female, and a white male replaced you. Being replaced also goes for someone else being hired instead of you.

If you can prove these four things, then the legal process can move forward, and the employer will have to show evidence it was not discriminatory.

The Bottom Line

Employers should only ask about race and ethnicity on an application for data purposes. It is illegal for an employer to collect this information for anything other than lawful purposes or to keep track of application demographics.

Collecting this data can show the E.E.O.C. or O.F.C.C.P. that the company isn’t discriminating against any group of people. This data can also indicate whether or not their job postings reach a diverse group of people.

Giving your race or ethnicity on an application is proof of discrimination if not hired because of these factors.