For most people, their sexual orientation is a private subject matter. 13 Questions you should ask to understand if a company ... So, you need to be explicit about what the information is going to be used for, who it might be shared with (in an aggregated form) and how long it will be stored. All respondents must answer both parts of the question. The second part of the question must ask the respondent to identify one or more races, and it must follow the ethnicity part of the question. The Employment Equity Act is a federal law that requires federally regulated organizations and businesses to provide equal employment opportunities to four designated groups: women Aboriginal peoples (Indian, Inuit or Métis) people with disabilities members of visible minorities The Federal Contractors Program If you decide to report the employer, contact the EEOC office near you. Asking job applicants and employees about their health ... Minimum Wage and Overtime. Also, you can't ask where someone learned a second language, unless bilingualism is required for the job. You can be tested for drugs and alcohol after hiring if your employer can show the test is . Prohibited Employment Policies/Practices | U.S. Equal ... Demand that you show specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability, or . Many employers have long captured data on their employees' gender and ethnicity to understand their workforce, evaluate and improve recruitment and retention and meet legal requirements. It explains when an employer can legally screen applicants based on race or ethnicity and when it can't. Companies Want to Be Fair Successful companies don't hire unqualified or lesser employees. applicants and employees. If the data is anonymized, there may be an even broader permissible range. Title VII of the Civil Rights Act of 1964 is a federal law that protects individuals from discrimination based upon national origin. While these questions are quite common in most non-Western countries, they are still very improper. Here are the top questions (plus a few tactical must-do's) you should bring to your next interview to probe on an organization's dedication to providing an equitable and inclusive environment for its employees. You can ask someone their date of birth on a separate. For example, a person who is from Iraq may consider their national origin to be Iraqi or Middle Eastern. This question helps counselors guide the discussion. Centrica - employee diversity 2017-2018 | Statista We have identified 6 principles that need to be balanced when deciding how ethnicity data should be collected. The reason is that usually you (we) must weight your data to Census benchmarks to ensure representative samples. In both cases, whether an employee discloses their gender identity or sexual orientation is optional and voluntary and any reporting or direct access to the data is designed to ensure confidentiality of the employee. The 7 things you wanted answered about illegal interview ... 10 min read. 1. Can They Ask That? Illegal Interview Topics | Salary.com A company's policies can reveal a lot about how much they value inclusion. 13 Questions you should ask to understand if a company cares about diversity, equity, and inclusion. Asking about household income. How to ask about ethnicity. Check Employee Benefits. Asking about marital status. You can see what percentage of employees had a positive, neutral or negative response. example, their sex, race, ethnic background, age, disability or sexual orientation. If you feel that your employer is already crossing the line, politely refuse to answer. 1. Some numbers are uncomfortable to ask for. Companies have started to recognize the importance of diversity and inclusion—but few have found ways to hold themselves accountable to real change. If you already work for us, your answer will not be used against you in any way. Therefore, you can't ask where someone's parents are from. How to ask about gender. WHY COLLECT RACE, ETHNICITY, AND PRIMARY LANGUAGE DATA IN HCOs. The first bullet can be problematic where an employer identifies individual cases revealing an absence of equality of opportunity or treatment - but . This employer is subject to certain nondiscrimination and affirmative action recordkeeping and reporting requirements which require the employer to invite employees to voluntarily self-identify their race/ethnicity. An employer that intends to ask employees if they have been vaccinated against coronavirus (COVID-19) must be clear about its reasons for doing so. b. Management should also answer these questions and prepare an additional list of questions to ask the employee during their evaluation. You can only ask for someone's date of birth on an application form if they must be a certain age to do the job, for example selling alcohol. Often, activities or prior experiences listed on resumes may be for race-related organizations. Our advice is - Don't ask, except it is absolutely necessary in decision making. Your employer may not:. 4. One roundtable attendee argued, for instance, that there is a "danger of a psychological . Employers must treat employees in a non-discriminatory manner when recruiting, hiring, firing, and verifying their identity and authorization to work on Form I-9, Employment Eligibility Verification.. a. the employee has notified his or her employer in writing requiring the employer not to processing data about his or her racial or ethnic origin data and such notification has become effective. Colorado has minimum wage laws [2]. To comply with its data protection obligations, it must ensure that it has a legal basis for processing such information and that it complies with the conditions for processing special category data . Whether you are heterosexual or homosexual, whether you are a member of the GLBT community or not, odds are that you don't feel as though the world, much less an employer, should have the right to ask you about your sexual orientation. Image: en.wikipedia.org Can you force an employee to provide proof of their religion or their religious beliefs? How to Ask Race on YOUR Survey. Q: Why does the University ask employees to self-identify their ethnicity and race? OFCCP regulations 41 CFR 60-1.12(c) indicate that for any personnel or employment record a contractor maintains, it must be able to identify the gender, race, and ethnicity of each employee and, where possible, the gender, race and ethnicity of each applicant. Here are eight questions a potential employer cannot ask you. For several years we wrote surveys that replicated the Census' two-question format asking for race and ethnicity, and we recommended that clients do the same. "The reason questions relating to these factors are unlawful is for the simple fact that these factors are not relevant to an employee's ability to perform a job," says Hancock. HCOs should collect information on patients' race, ethnicity, and language so that they can understand the needs of the population they serve, measure disparities in care within their institution, initiate programs to improve quality of care, and provide patient-centered care. Demographic data may be critical to your mission as a community center, legally required diversity . Once done with measuring Diversity, Inclusion, and Equity, you can compare each index to see where more efforts are needed. Avoid asking about the origin of someone's name. See if you know—or are within a few degrees—of anyone who has worked at the company and send them a quick message or email to see if they can share any details on the company's commitment to diversity and inclusion. State Employee Race/Ethnicity Questionnaire California Department of Human Resources State of California INSTRUCTIONS: All new/rehired employees are requested to voluntarily self-identify their race/ethnicity and gender in Then ask a spokesperson from selected groups to verbally share a thought. When recruiting and managing employees, employers want to know that their employees are up to the job. Facilitate a break-out session at tables or in small groups of two or three and ask employees to generate a couple of questions or concerns on cards. People are asked about their ethnicity in a variety of ways such as the national census, household surveys across government and in administrative processes such as registering with a GP. Make no assumptions. Increasingly, employers are choosing to encourage job applicants and employees to self-identify their gender, race/ethnicity, disability, and veteran status to assist with diversity and inclusion initiatives. An employer can't penalize their employees for talking about wage and pay information. It is still lawful for employers to ask someone to consent to their criminal record being disclosed. Once you have decided who to interview, be sure to ask the questions listed below. We're continuing to research the ways that government services ask users about their ethnicity and would love your help. This is the case with many positions that deal with national security issues and require security clearance. These questions, along with the discussion that should naturally occur during your conversation with your relative, will help you thoroughly document your family's cultural history. It's time for organizations to rethink how they categorize race, gender, and ethnicity. CalHR 1070. Race and National Origin Title VII of the Civil Rights Act of 1964 prohibits employers from asking about ethnicity, race and national origin. You may find it helpful to clarify why you are asking employees for race and ethnicity information by providing them with a statement explaining its purpose and reminding them it is voluntary and confidential. If so, in what ways? (That violates your civil rights.) Let your employer know that the question he is asking is inappropriate. As I've noted before (Oct. 1, 2017), the First Amendment does not govern private-sector employers' personnel decisions the way it does those of government employers. You can talk about pay as much as you want to. Page 1 of 2 (rev 1/2017). You can't ask questions that force a potential hire to reveal information about themselves or their lives outside of the workplace you could then use against them in a biased manner when whittling down the list of candidates. This question can show counselors how the individual celebrates and why. Federal law does not prohibit employers from asking you about your national origin. Job Assignments & Promotions Where the Act applies, no convictions will be revealed to the employer." What you can do if you're asked a question that you think is illegal. 1: Questions about your race and nationality. Some employers may genuinely need to ask some of these questions in order to determine whether you can perform the inherent requirements of the role. Ethnicity survey questions are one of the important demographic questions that help the researcher determine what factors can influence the choice of the respondent and enable a researcher to cross-tabulate and compare the categories to see the variation in responses. Your employer may not:. An employer is permitted to use an employee's gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation;. What is the correct procedure for a contractor to obtain the demographic information of its employees and applicants? Learn about self-identification information pertaining to EEO-1 reporting in the first blog in this three-part series. Asking what country you or your parents and grandparents came from is also prohibited. Remember that your employer is a normal person. At some point, you could face a situation in an interview where you have a right to not answer a . Depending on how much trust you have developed in your workplace, they may provide an answer, especially in small groups of supportive employees, or one-on-one with a trusted manager. Know that the employer can't retaliate if you lie to answer illegal job application questions. Employers must treat employees in a non-discriminatory manner when recruiting, hiring, firing, and verifying their identity and authorization to work on Form I-9, Employment Eligibility Verification.. But this doesn't have to be asked in an application form; the employer just needs confirmation that you are over the age of 18. Ask your employees how well you are doing currently in valuing diversity and inclusion. Drug and alcohol testing. By discerning possible trauma, the counselor can determine whether discrimination is a source of anger for the . Ask yourself why you're doing it before you question someone about their background. No, an employer should not ask you to provide your age as part of the job . Employers should not ask employees about their race. Get a written copy of the question. Employers are permitted to ask an employee to reveal their race . Both questions used together would allow people to self-express their "Scottish-ness", "British-ness" or any other national identity before expressing their ethnic group. Your list of questions to ask during the employee evaluation are meant to open up a dialog between you and the employee. to residents of certain areas based on their race or ethnicity An employer may decide to base its equality monitoring programme on consent, to give employees more control over how their data is used. "UBS wants to have a better overview of the ethnic makeup of its staff, so that it can identify and address any challenges related to the notion of ethnicity." Daniela Frau, head of diversity issues at the University of Zurich, noted that such a survey will benefit employees. It is illegal for an employer, employment agency or union to take into account a person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information when making decisions about job referrals. Equal Employment Opportunity Commission defines racial discrimination as "treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features).". The A to Z for employers and employees about getting a job is a set of guidelines . This question is not allowed because you can't ask any questions in relation to an employee's ethnicity. You don't have to answer illegal employment questions. An employer may conduct voluntary medical examinations, including medical histories, which are part of an employee health program available to the employee at the work site. Summary. This guide provides free survey templates and expert guidance to help companies . Because the ideas were generated in a . In the UK, as in many countries, employers cannot compel employees to disclose their ethnicity, so they need to take steps to encourage voluntary disclosure. By asking demographic questions in surveys, you can gather demographic information about current and potential customers at scale, and in turn, help . "As a general rule, in . Personal data an employer can keep about an employee. Details: In 20 U.S. states, an employer may not ask you if you are married, widowed, divorced, intend to be married, are in a committed relationship or how many times you have been married. Ask yourself why you need to know. Treating one candidate with a characteristic less favourably (or more favourably) is discrimination under the HRC. How to ask about age in a survey—"You don't look a day over 30". Asking a demographic survey question on respondent religious background is one of the trickiest question you can ask in surveys. DO ASK, DO TELL Capturing data on sexual orientation and gender identity globally 7 WHAT IS LGBT DATA? The Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against employees based on their national origin. Employers can keep the following data about their employees . Over the past . Can my employer ask about my national origin? Can an employer ask me my age as part of the job application process? If an employee chooses not to self-identify their race/ethnicity, employers may either conduct a visual survey to determine the information, or use employment records. Because a person may become disabled at any time, we are required to ask all of our employees to update their information every five years. Furthermore, you can drill down for each theme, and see the actual variations of responses for each statement or survey item. This is because employees can have a genuine choice about whether or not to provide the information and there should not be any adverse consequences for those who choose not to provide it. So, if you're applying for a labour job, an employer can't test your keyboarding skills. They may not make decisions based on your marital status or their perception of your marital status. The first step for an inclusive company culture is to measure D&I. Candidates. Employee engagement surveys can include optional questions that allow LGBTQ+ employees to self-identify based on gender identity . Have you ever been treated poorly because of your ethnicity, race or beliefs? We're gonna talk you through some common demographic question examples including: How to ask for somebody's age. The Colorado minimum wage is $11.10 per hour. If you need help creating a plan or ideas on how you can support your employees through technology just get in touch and we'd be more than happy to help. The Immigration and Nationality Act (INA), as amended by the Immigration Reform and Control Act of 1986 (IRCA), is a federal law covering almost all immigration matters. You may voluntarily self-identify as having a disability on this form without fear of any punishment When an employee chooses to self-identify their race/ethnicity, an employer cannot override their elections. Demographic information allows you to better understand certain background characteristics of an audience, whether it's their age, race, ethnicity, income, work situation, marital status, etc. In order to increase employee ethnicity self-declaration rates, companies should work to create a culture of trust, build the collection of information into the recruitment process, and explain to their employees effectively how the data will be used. The U.S. . What if I'm curious about an applicant's race or ethnicity? So create a way for employees to share their questions or thoughts more quietly. 6. For example, in most countries, an employer can ask employees to voluntarily disclose their preferred pronouns and give them the option to decline, but mandating that employees provide the data could trigger privacy and consent issues. The only time an employer can ask if the applicant is a U.S. citizen is if U.S. citizenship is a requirement of the position. Submission of this information is voluntary and refusal to provide it will not subject you to any adverse treatment. If their ethnicity is relevant to the conversation, or perhaps you're at a point in your friendship where the . Asking questions about an individual's health at the wrong time, or in the wrong way, may result in a disability discrimination claim , but ignoring the signs of a potential disability can also be risky. Asking questions about an individual's health at the wrong time, or in the wrong way, may result in a disability discrimination claim , but ignoring the signs of a potential disability can also be risky. Our employe knowledge platform will make your workforce feel empowered, connected and supported, you can try it for free because we're confident your staff will love it. The group is an active one with many discussion threads, but this was a discussion that generated a particularly high level of interest and commentary. With the lifting of the working from home guidance in England, the high COVID infection rates across the UK and the government advising that double vaccinations reduce significantly the risk of both catching and spreading the virus, it is likely that many employers will start to reconsider whether they want to ask their staff about vaccination status so that they can factor this information . As an employer, you are required to ask employees to self-identify; however, employees are not required to provide this information. It is important, therefore, that organisations Surveys are the perfect tool for measuring the feelings and opinions of your workforce at scale. what skills did you acquire). 6. In other words, racial discrimination is behavior based on racial prejudice (attitudes . Foster a supportive and safe work environment by . If you're looking for office work, an employer can't test whether you can lift a certain weight. Instead, all of the interview questions should focus on the job and your suitability for the job. In the State of Colorado, your employee rights include the right to talk about what you get paid. In general, employers are not allowed to ask candidates to provide information about their age, gender, ethnicity or sexuality. 6 principles for collecting ethnicity data. This extends to recruitment efforts, hiring, firing, or layoffs, based upon national origin. Employee Demographics Don't Have to Be at Odds with Employees' Identities. Find some examples and approaches that will shed some light on how to write ethnicity survey questions. The statistic represents the number of ethnic minorities Centrica employed in the fiscal year of 2017 and 2018, . Let the respondent know why you have to ask for their religious background. Demand that you show specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability, or . Centrica ethnic minority employee breakdown 2017-2018. This is a critical issue that must be overcome. Employers must keep their employees' personal data safe, secure and up to date. That was, essentially, the question posed recently by one of the members of my Canadian HR Law group on LinkedIn. You can ask employees job-related questions about those activities (i.e. 10 of the most important cultural heritage questions to ask. It is also unlawful to ask questions that seek information about an applicant's ethnicity or national origin. However, because such questions may indicate a possible intent to discriminate based on national origin, we recommend that employers ensure that they ask about national origin only for a lawful purpose. An employer cannot ask what race you are, or whether you are biracial or multiracial. However, an employer may require any medical or psychological examination or make inquiries that it can show are job-related and consistent with business necessity. Monitoring and filming employees during work data on employee ethnicity, many reported low response rates among staff. One of the main reasons for these changes is consistency in data collection, and uniformity in how the question is asked helps to achieve this. The new ethnicity classification was published in July 2008, and details of the classification (including research, consultation and question-testing) can be found at . For example, whether you are over the age 18 to work behind a bar. You cannot assume that by completing a diversity questionnaire your members, registrants or employees also agree to you storing, analysing, reporting and publishing their responses. If you can't, write it down and save it. In this instance the employer should involve the police. An employer can't generally go into an employee's home without their consent unless allowed by law (eg if the employer is also the landlord and is entering the house legally), even if the employer thinks the employee has stolen their property. Schedule time (we recommend an hour) to meet with your employee to discuss the feedback they received and run through your questions as well. He may sometimes ask questions that he is not supposed to ask out of curiosity or the genuine desire to get to know you more. In 2018, the British multinational utility company with headquarters in Windsor employed 3,683 peopled that voluntarily declared that they were from a black, Asian, mix/multiple . Know why you have to ask for their religious background questions listed below provide it will not subject you any. The respondent know why you have decided who to interview, be sure to ask the questions below. 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