Workplace Discrimination

Tonight our “Ask Amy” segment featured a woman who applied for a management position at a new upscale Tomball restaurant.  When she emailed her resume and references, the owner sent her a message asking her to send a recent photo.

The Texas Workforce Commission had this to say about the request:

“The hiring process should be free of any indication that the hiring decision will be based in any way upon race, color, religion, gender, national origin, age, or disability.

While some applicants send a photo, and the employer can’t prevent that, requiring it is another matter. The issue would be whether appearance was a Bona Fide Occupational Qualification (BFOQ) such as for a modeling job. So, other than a clear connection between appearance and the job, requiring a photo would likely be considered a clear example of discriminatory hiring practices, according to our attorneys.”


 If you think you’ve been discriminated against based on age, color, gender, race, religion, national origin or disability, you should file a complaint with the following agencies:

Texas Workforce Commission

Equal Employment Opportunity Commission

U.S. Department of Labor


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