Dear J.T. & Dale: I understand that job candidates cannot be excluded or discriminated against due to their race, gender or other info they provide in an application. However, I’m confused as to why my potential employer is not accepting my answers to the questions for their online background check. When it comes to things like race and gender, I answer the questions as “Decline,” “Don’t wish to provide,” etc. I do not leave any blanks. But, when I submit the form, I receive an immediate follow-up email asking for the info again.
What is the correct action here? It seems that this defeats the purpose of having “decline” as an option. I’m assuming HR is not legally allowed to demand another answer, and by sending it again they are hoping to get a different answer? Please clarify — it’s pretty unsettling. — K.T.
J.T.: It’s disturbing to me that they are requiring this info. I’ve honestly never heard of a company pushing back and continuously asking for such information. My advice would be to message HR and say, “I declined to provide my demographic info as I’ve always been told it’s not a requirement for getting hired. I see that the online platform is not accepting my ‘decline.’ Can you share with me why this additional information is needed? I’d like to understand how it’s impacting my candidacy as I’ve never experienced this before. Thank you for your help.” I think politely inquiring can clear things up and may even make it possible for you to skip over it. Otherwise, I’m not sure there is much else you can do short of deciding not to work for them due to this practice.
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DALE: Good idea and it may even end up being advantageous. I say that because I suspect this is just a screw-up, a case where someone inadvertently told the system not to take “no” for an answer. So, by your pointing out the issue, the HR person will take note of your application and that’s a good thing — you’ll stand out. And, while we’re at it, I want to suggest that a good working theory for a happier life is ATB, Assume The Best. You’ll save yourself a lot of angst, and you’ll make more friends.
