If You Have to Ask . . .

Most of us understand that employers should not ask for personal information from employees (or applicants for employment) if that information would be illegal to use in making employment decisions and is not job-related. Indeed, years ago, with the publication in October 2005 of the Final Rule, “Obligation to Solicit Race and Gender Data for Agency Enforcement Purposes,” the U.S. Department of Labor eliminated visual identification as the preferred method of obtaining the race (and gender) information required for affirmative action programs (AAPs) and EEO 1 reporting. But recent regulatory changes will, curiously, require multiple solicitations of disability and veteran information from applicants and employees.