Legal Question in Employment Law in New York

Voluntary EEOC form

I NEVER fill out the VOLUNTARY EEOC form that you are given when you are a new hire - the one that asks your race etc. - Are they allowed to fill it out for you? I found out someone in HR filled it out on my behalf - despite my declining to fill out the voluntary form - based on my proof of age - (I use my passport - I do not drive- therefore my photo). - I asked them to remove the reference from my profile - they said the government says it's voluntary for the ''employee'' to fill out but that the ''employer'' - Must fill it out based on sight.(again my passport) - How can that form be voluntary then? - and is it legal that they filled it in and put it in my profile without my consent?


Asked on 10/28/03, 1:19 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Voluntary EEOC form

You have received misinformation. There is no requirement for the employer to fill out this information. Absebt a court order requiring your employer to maintain this information (usually to remedy past discriminatory acts) your employer's actions are nothing more than internal company policy.

I'm afraid there's little damage you can prove. If you are not happy with your current situation, your remedy is to find a different job. I'm sorry there's not much more you can do.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 10/29/03, 9:10 am


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