Faizal.haque
Hr Professional
Faygeorge
Hr Officer
Paladin
Hr Consultant
Sonia Kakkar
Human Resource (international Compensation
Garima_dell
Hr Manager

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Hi all, My Manager is pressurising to call all candidates with their Photograph for the Interviews..can any one tell me any written statement about this..i read in my MBA days that all company should follow EEO...and asking photograph is also against EEO...
Plz help Me out...give any link if u have.i want to show him some proof.
Thanks
Garima
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Hi Garima i think you are looking at this article of Equal Employment Opportunity. I have some think for this. Cound be of some help.

Equal Employment Opportunity:

The term Equal Opportunity Employment was created by President Lyndon Baines Johnson when he signed Executive Order 11246 which was created to prohibit federal contractors from discriminating against employees on the basis of race, sex, creed, religion, color, or national origin.

The Execuitve Order also required contractors to implement affirmative action plans to increase the participation of minorities and women in the workplace. Pursuant to federal regulations, affirmative action plans must consist of an equal opportunity policy statement, an analysis of the current work force, identification of problem areas, the establishment of goals and timetables for increasing employment opportunities, specific action-oriented programs to address problem areas, support for community action programs, and the establishment of an internal audit and reporting system.

there is also a consultancy called EEO:

http://www.eeoconsultants.com/profile.htm

Some think realated to India can be:

Employment

--------------------------------------------------------------------------------

Constitution - India

The Constitution has the following provisions of interest to women workers:

The Preamble refers to securing all citizens social, economic and political justice and equality of status and of opportunity.

The Constitution sets out a number of fundamental rights, generally enforceable in the courts, which include equality before the law and equal protection under the law, and prohibition on discrimination by the State on a number of grounds, including sex. In addition, no citizen shall, on grounds including sex, be subject to any disability, liability, restriction or condition with regard to access to certain public facilities. There are provisions to invalidate or prevent the making of laws which are inconsistent with these rights, however the State may make special provision for women and for the advancement of any socially and educationally ‘backward’ classes of citizens (see articles 13-15).

Additional fundamental rights include equality of opportunity in matters of public employment and no discrimination in respect of any employment or office under the State on grounds including sex. All citizens also have the right to practise any profession, or to carry on any occupation, trade or business (see articles 16 and 19(1)(g).).

Under article 51A(e) it is the fundamental duty of every citizen of India to renounce practices derogatory to the dignity of women.

The State is required to secure a social order for the promotion of welfare of the people in which social, economic and political justice informs all institutions of national life. In addition, the State must strive to minimise inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. The State must also direct its policy towards securing that citizens, men and women equally, have the right to an adequate means of livelihood, that there is equal pay for equal work for both men and women, and that the health and strength of workers, men and women, are not abused (see articles 38 and 39(a),(d) and (e).).

The State is required to secure that the operation of the legal system promotes justice on the basis of equal opportunity, and to provide legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. In addition, the State must make provision for securing just and humane conditions of work and for maternity relief (see articles 39A and 42.).

Article 340 provides for the appointment of Commissions to investigate the conditions of socially and educationally backward classes and the difficulties under which they labour.

Panchayati Raj Institutions are local government bodies established under the Constitution. Under article 243D, one-third of seats reserved for Scheduled Castes Tribes, are reserved for women, and one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat are reserved for women.

The State is required to foster respect for international law and treaty obligations and Parliament has the power to make laws implementing international agreements (see articles 51(c) and 253.). There are proposals to reserve seats for women in the House of the People and in the Legislative Assemblies of the States by amending the Constitution.

`Men, women must have equal opportunities'

CHENNAI JAN. 7. There should be equal opportunity for men and women in all fields, said the Governor, P.S. Ramamohan Rao, here today.

It is unfortunate that this was not being provided at present. ``The situation needs to be corrected so that women have an opportunity to fulfil their aspirations.'' The Governor was speaking at the release of the Tamil version of `Inching Forward-Political Empowerment of Women.'

The Governor urged women to play a more participatory role in shaping the society. It should start at the grass roots, where there is 30 per cent reservation for women in local bodies.

The book was originally written in English by C.K. Gariyali, Social Welfare Secretary, in 1991. It has been translated into Tamil by P.K. Kothandapani, president, Kins Foundation. The first copy was received by Anandavalli Mahadevan, Vice-Chancellor, Mother Teresa Women's University.

Ms. Anandavalli said the book would be a useful resource book for students of women's studies programme as it provided a detailed history of the achievements and struggles faced by them. The book details history of women in the United Kingdom, Canada and India.
First of all, Thanks fro your prompt reply...very good article but my query is still unsolved....is there any law thats include photograph also in this...can we ask openlly about the candidate photograph....leave all other issue aside..main concern is about the candidate photograph...
please help
Dear Garima,
Yes you may ask for a candidates photograph along with the CV. It will not be in contravention with Indian laws.
It depends upon the company policy to ask for a photograph or not. In many sectors like hospitality, travel etc. the looks of the candidates are importnat attributes for the job and having a photograph helps in shortlisting a candidate.
However it is a good practice not to ask for a photograph and evaluate a candidate on the basis of his skills and not get biased and prejudiced by the looks of the candidates.
Cheers!
Faizal Haque
So far there is no clause under the EEO provision that states categorically that photographs of applicants can't be asked for. However' if in your opinion the intention of your boss is descrimnatary then you have to prove and deal with it.
Generally, photograph usage in most administrative and HR work is common.
Paa Kow
Hi All
Looking at above discussion i would like to ask a question is it right that applicants with smart looks iresspective of qualifications are given 1st priority and shortlisted.
There was a question asked once in a group discussion contest, most agreed with this statement.
Garima,
While there are no restrictions regarding photographs set forth in Title VII (US Discrimination Law), requiring a photo opens the door to a charge based on sex, national origin, religion, and/ or race.
There is no problem with a photo, if you can prove that it was not the basis for an employment decision. Which prompts the question - "How does one prove a negative?"
While each country and culture has its own interpretation of the laws prohibiting discrimination, and perhaps I've been involved in resolving too many charges/ potential lawsuits, but the question in my mind is: Why would any responsible manager subject his company to an unnecessary potential liability? Perhaps your manager is unaware of the legal and moral implications of his/her directive, or perhaps it is past practice or Company procedure. You, as a responsible employee, should inquire as to the reason behind his/her decision, if for nothing more than for personal knowledge.
PALADIN

While there are no guidelines under Title VII (US Discrimination Laws), the requirement of a photograph may be enough to bring a Charge of sex, national origin, race, religion, or other discrimination. The implication is that the photo is used to pre-screen (eliminate?) candidates.
While each country and culture has its own interpretation and precedent under the law of the land, and perhaps I've been involved in too many investigations/ settlement negotiations, but the question in my mind is: "Why would a manager put his/her company in a position to be subjected to unnecessary potential liability?".
Perhaps s/he is unaware of the legal and moral obligations, or perhaps it is past practice, or company policy, or requirements in the advertisement, or some other reason. As a responsible employee you should inquire of the manager the reasons for the decision.
PALADIN

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