Legal Question in Discrimination Law in New Jersey

Employment Application

My Company recently turned over control of employee

matters...payroll, insurance and all other employee

issues to a Staffing Company.. informing us that we

would now be employed by said Company. On the

Employment Application, we were asked questions

about our Race (ie) Black, Hispanic, White or other...Is

this Constitutional?..we were required to answer this

question and not permitted to skip it...thank you.


Asked on 7/24/03, 8:54 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Employment Application

There is no reason to have answered that question, and I think you need to see a lawyer right away.

First, because the company is clearly trying to get around federal labor standards laws by shifting all employment to another company. Some, ok, but ALL of it? That's not kosher. Second, the employment application should NOT have required racial identification, unless you work for a company that MUST track it's employment for some reason, maybe an EEOC settlement or something, But, that shouldn't be the case with an employment agency.

You may have suffered harm simply by the off-loading of employment, so go see a GOOD employment discrimination lawyer (avoid the law firm that represents your company!) and explain what has happened.

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Answered on 7/25/03, 8:15 am


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