Can an employer ask about an applicants race on an application form?
Asking pre-employment questions about race can suggest that race will be used as a basis for making selection decisions. Therefore, if members of minority groups are excluded from employment, the pre-employment request for the information would likely constitute evidence of discrimination. However, employers may legitimately need information about their employees’ or applicants’ race for affirmative action purposes and/or to track applicant flow. One way to obtain racial information and simultaneously guard against discriminatory selection is for employers to use “tear-off sheets” or separate forms for the identification of an applicant’s race. In that way, the employer can capture the information it needs but can separate the information from the application and thereby avoid using it in the selection process.
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