Asking for Sexuality

Jayn Bond - Workplace Law Network
Online advisor - 90 posts

Hi James
I am aware that some organisations, on their equal opportunity monitoring forms, have chosen to ask people about their sexuality. This naturally has come from the current legislation. However, I personally would not suggest that companies do this, even if it is for the best of intentions and whatever the intended use, as I consider the potential risks far outweigh the potential benefits.
However that is just my opinion.
In defence of the company you applied to , I am sure that they are not meaning to upset candidates and certainly they do not stand alone.

KHUSHREEN PATEL
Member - 8 posts

Hi James,

It will be interesting to see the website and the actual form to see what actually you meant and how that applies to the current legislation. You certainly got disappointed by the company's online job application form therefore you did not consider applying for the right role, is that correct? If that is the case then I think as an applicant you must have atleast highlighted your concerns to the company or even reported this matter to the http://www.equalityhumanrights.com/en/Pages/default.aspx

James Fairchild
Member - 336 posts

To be fair Khushreen, it wasn't so much this question that disappointed me, but the fact that to fill in their online form would take about 30 minutes, when all the information (apart from what I like eating for breakfast and what I may or may not do in the privacy of my marital bedroom) is on my CV anyway.

Jayn, there is no doubt in my mind that they didn't mean to cause any offence. However as you say, I do not see the point in an organisation collecting this information.

I actually have visions of a (hypothetical) hiring manager flicking through these forms to find candidates of an equivalent persuasion to him.

Like the other threads on here about people not disclosing a medical condition for fear of not getting the job, I can imagine many people ticking the box they think everyone wants to see. I'm going to carry on ticking lesbian.

Linda Westrupp
Member - 4 posts

Of course, they could just be following the public sector arrangements. They have these questions on their equal opportunity monitoring forms too because they have to submit returns to central government on equality issues (they also include religion so I put pagan).
Linda

Emma McAuley
Member - 16 posts

Surely this section of the application form was voluntary. Many organisations collect information about the demographics of their employees, workers and contractors to accurately measure the way their workforce represents the local communities in which they operate. The information in this case would be collected anonymously and not paried with the application.

As this information is not relevant to the job specifically, it would be highly irregular for any employer to request this as comulsory information to be considered alongside an employment application.

Colin England
Member - 57 posts

It is the case that many organisations now require an applicant to complete the form on ethnic monitoring and other such like matters.

As has been said this is so they can make returns to the Govt or can show appropriate details on their Annual Report. But in my mind this is all wrong.

In this case James was about to apply for a post; he decided not to apply for that post because he was being asked questions, which he was entitlted to feel were intrusive into his private life. Therefore he has been discriminated against and can - should - make formal complaint to the organisation and ask the EHRC for assistance in bringing a claim against the employer.

If James does put in a formal complaint to an employment tribunal he can use the questions proceedure and the discovery proceedures to find out more about what the employer's intentions were. It may surprise James and us to have this detail.

Please James put the name of the employer on this site --- and also the details of the post you were applying for if that is not too intrusive.

I question how and why Jayne says that this follows from the current legislation - can you please explain a bit more about this please Jayne?

Jayn Bond - Workplace Law Network
Online advisor - 90 posts

Hi Colin

What I meant was that as it is unlawful to discriminate on the grounds of sexual orientation, some companies want to be able to submit data on that issue in respect of their recruitment process in the same way that they do with ethnic origin and gender.

Hope that is clearer

Colin England
Member - 57 posts

No -sorry it is no clearer.

An employer can compile records of it's employees but until someone is employed by that employer it is of no concern to the employer what their sexual orientation or gender is. Or for that matter what their race or religion is.

If I follow Jayn's reasoning - an employer would need to undertake a great many enquiries to ensure (and prove) that they are following all matters covered by legislation.

So far as I know, no Government Department or official organisation asks any employer for details of the people who have applied for a post with them. So it follows that an employer asking these sorts of questions does so for their own (questionable) reasons.

James Fairchild
Member - 336 posts

Colin,

I am minded to give them the benefit of the doubt, there is an option for "prefer not to say" or similar words. The organisation was Transport for London. Go on their site, look at any of the careers (contract or permanent, senior or lower level) and start the applications process. I simply do not have the time to fill out this heavy form when for other opportunities I can just send my CV.