Photograph requested with resume?

[dlynch357]

Hello,
I would appreciate any help from a legal professional; I am a recently graduated paralegal in Maryland and in the process of jobhunting. One woman that sends resumes out to companies on other's behalf (headhunter?) received my resume, and we spoke briefly on the telephone. Before we hung up, she asked me to send a photograph of myself along with the resume. I was caught off guard, and the job we discussed pays quite a bit, so I complied - not wanting her to blow me off entirely. However, I am an African American male and I am 6'0" 285lbs., so I am concerned that my physical appearance may affect my chances. Is this legal or ethical? Am I alarmed for no reason?
-David

 

[cbg]

I just want to be clear - the woman who asked for your picture is a headhunter? Have you met with her or just talked on the phone?

 

[Beth3]

I agree it's a little suspect but not necessarily cause for alarm.

First off, call her back and ask her why she wants your photograph and what she's going to use it for. As someone who has worked many times with contingency recruiters and search firms, I would NEVER accept a photo of a candidate or any other information that could give rise to a claim of discrimination before a candidate even walked in the door. (In fact, I once discontinued doing business with a firm who insisted on doing just that despite my repeated objections.) And while I have no doubt that some employers still sadly don't want minority candidates, there are others who welcome them with open arms as they understand the value of diversity in the workplace and the importance of having an employee group that reflects the diversity of their customers/client base.

Part of the recruiting process is determining whether the candidate is presentable and well-groomed, and that has nothing to do with your race, gender, age, or size. As it sounds like you haven't and probably won't be meeting in-person with this recruiter, she does have reason to make that determination (after all, she's representing you and it's her reputation on the line) and it sounds like a photo is her only way of making that assessment which is typically made face-to-face.

Before drawing any conclusions or worrying further, call her back and ask why she wants the photo.

 

[cbg]

BTW, you might be interested to know that on an HR board where I participate, this very question was being discussed only yesterday. The overall response was, it is not illegal for them to ask for a photo, but it is a very, very bad idea because if you sent the photo, didn't get the job, and sued for racial discrimination, they would never in a million years be able to prove that they made the decision based on how your qualifications stood up against those of the other candidates instead of on your race, even if they did.

 

[fgs]

photo with resume

There was a mention in one reply that if you sent a photo and were not selected for the position, you might be able to sue for discrimination if qualifications were similar. Even if a candidate could sue and did so, wouldn't this hurt any future job prospects when those companies find out that he sued a previous employer (or prospective employer) since lawsuits are public record? Put another way, would the lawsuit even be worth the potential trouble that it might cause?