I got from a US employer an "EEOC information" form to fill, after getting an offer letter.

Questions on the form are:

  1. race
  2. highest academic degree
  3. gender
  4. disabled
  5. veteran (I assume US military)
  6. foreign nationality

Only in the race category I also have a checkbox "do not wish to disclose".

Do I have to provide the other data, which will be also available to the employer?

How is this practice legal?

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    @MisterPositive I asked if I must provide the other data where there is no checkbox for the option not to disclose.
    – rapt
    Mar 23 '18 at 18:28
  • Be aware that, depending on the specific regulatory reason that the company is collecting this information, it is entirely possible that if you don't fill out the form, the company will be required to enter the information for you by making their best guess from looking at you/ your resume in order to report it to the government. Mar 23 '18 at 18:44
  • vtc - just ask the company, not us.
    – bharal
    Mar 23 '18 at 20:20
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    For some employers they MUST collect this information for all employees eeoc.gov/employers/eeo1survey/whomustfile.cfm Mar 23 '18 at 23:42

Do I have to provide the other data?

Since it is voluntary (as most cases), then no you do not have to provide the data. Especially that you were asked to fill it "after getting the offer letter".

Also for the similar reason (voluntary), it makes it completely legal in my opinion. However this site do not answer legal/illegal matters.

  • Why does only the race question have the option not to disclose?
    – rapt
    Mar 23 '18 at 18:05
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    @rapt You can just refuse to fill out the whole form, if you don't wish to provide answers to the other questions.
    – Sandra K
    Mar 23 '18 at 18:07
  • If I "must" provide the data as a prerequisite for employment, then it is like saying that it is legal for the employer to require this data.
    – rapt
    Mar 23 '18 at 18:33
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    I think there's some confusion here. The relevant regulations in the US all state that the information is to be collected voluntarily. If the employer is telling you that you "must" provide the data, and is only letting you opt out of the one "race" question, then the employer is violating the regulations.
    – dwizum
    Mar 23 '18 at 18:38
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    @rapt You said "after getting an offer letter", how is that a must then? I do not get it
    – Sandra K
    Mar 23 '18 at 19:17

In my experience over 20 years no you do not have to provide this data. US companies are bombarded with employer regulations and have a lot of responsibilities to provide data to the government (which makes it legal) on their HR practices, so this request is very typical, but also optional.

If you have issues with providing this info just check the 'Do not disclose' checkbox and move on with your life.

  • I am aware of the possibility to check 'Do not disclose'. I posted this question since it is the first time I see such a form without this option.
    – rapt
    Mar 23 '18 at 18:36
  • if you look online for some companies it is a statutory requirement ie they must do it Mar 23 '18 at 23:43
  • ^^ That may be true for the employer but if there is an opt out checkbox then the employee's privacy rights apparently have priority over selecting any other choice.
    – Jim Horn
    Mar 24 '18 at 1:06

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