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The Global Insight

Can you ask race and gender on a job application?

Author

Michael Gray

Updated on March 31, 2026

Questions should focus on job-related issues and protect the privacy and employment rights of all applicants. It’s illegal to ask about certain characteristics protected by law such as gender, age, race, religion, national origin, disability or marital status.

Can employers ask your race?

Federal law does not prohibit employers from asking you about your national origin. For example, your employer may need information about your ethnicity for affirmative action purposes or to comply with government laws that require the reporting of ethnicity information.

Why do applications ask for race and ethnicity?

Companies gather this data for three main reasons: To make sure they are maintaining non-discriminatory, ethical, and legal hiring practices; To measure the validity of their process (i.e. make sure one group isn’t being eliminated at a higher rate than others); To send this information to the government.

Can you lie about race on job application?

On most job applications, it’s up to the applicant’s discretion whether to answer a race question at all. And of course, employers aren’t supposed to consider race when making hiring decisions. “It is almost impossible to tell what race someone is just by appearance,” Kalish says.

What questions can an employer not ask?

It is illegal to ask a candidate questions about their:

  • Age or genetic information.
  • Birthplace, country of origin or citizenship.
  • Disability.
  • Gender, sex or sexual orientation.
  • Marital status, family, or pregnancy.
  • Race, color, or ethnicity.
  • Religion.

    What employers can ask?

    The Alberta Human Rights Act makes it illegal to discriminate against people or treat them unfairly because of their:

    • Race.
    • Religious beliefs.
    • Colour.
    • Gender (including pregnancy and sexual harassment)
    • Gender expression.
    • Gender identity.
    • Physical disability.
    • Mental disability.

    Can you be fired for lying about your race?

    your lie is uncovered during the interview or background investigation process. Unless the lie is inconsequential, you will be rejected for employment. your lie is uncovered after you are employed (subsequent audit, manager discovers correct info, etc.). Unless the lie is inconsequential, you will be fired.

    Why do they ask what race you are on job applications?

    Public and government organizations are often required to track data on applicants to align with federal or state affirmative action laws. Private employers may also track such data to ensure their screening practices encourage applicants regardless of race.

    Why is my application asking for my race and gender?

    Your answers to these demographic questions (race, gender, age, etc.) are kept separate from the rest of the application. No hiring manager should ever be looking at individual responses to these questions thinking, “Hey, this person has a disability, we don’t want them.”

    Is it illegal to use race as a factor in hiring?

    However, based on Title VII of the 1964 Civil Rights Act, it is illegal for an employer to use race in evaluating job applicants except when race is a necessary factor of employment. Public and government organizations are often required to track data on applicants to align with federal or state affirmative action laws.

    How are race and ethnicity categories in job applications?

    Studies have proven that white-sounding names have an inherent advantage in job applications. If I selected an option that stated Not Hispanic or Latino, it would immediately cause reason for concern. I’m proud of my heritage and my Spanish name.