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EEO and Self-ID compliance

Anonymous - Apr 11, 2021
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My company currently uses the standard EEO ID questions for specific locations where we have federal contracts. I would like to add voluntary self-ID data (race, gender, sex, disability, sexual orientation) to the application form. My understanding is to preserve a “lack of knowledge” defense on failure to hire claims, this data should not be used on the application for federal contractors. My question is, would it be compliant to have voluntary self-id information on the applications for our non federal contracted locations where we don’t use EEOC questions?

1 Answer

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Ahmed Younies

President and CEO, HR Unlimited, Inc.

Alissa Horvitz, Esq.

Member Attorney, Roffman Horvitz, PLC

Allen Hudson, PHR, SHRM-CP

CEO, HudsonMann

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President, Berkshire Associates

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Human Resources Manager, Circa

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President, Carla Irwin & Associates, Inc.

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Board Member, Circa

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President and Founder, DCI Consulting

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Former Director, OFCCP and Retired President, Ellen Shong & Associates,

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Lawyer, The Kaiser Law Group, PLLC

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William E. Doyle, Jr., Esq.

Former Deputy Director, OFCCP Partner, McGuireWoods LLP

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Manager, Consulting Services, Affirmity

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