Do You Need to Attach a Photo With Your Resume: Is It Legal?

If you’ve been scanning the job postings online while looking for a new job, then you might notice that a lot of companies are asking for a photo along with a resume.

Why would they do that? Why do companies want you to send in a photo when you apply for a job? Is this something that’s even legal?

Let’s just get the legal stuff out of the way. No, it’s not legal and the company could get in trouble. But realistically, most companies operate in a gray zone and are never going to be charged with breaking any law, nor fined. Unless there is a directed civil action court case, it’s not going to amount to much.

So, knowing that, it’s important to figure out how you’re going to handle it.

Your Employer is Asking for a Photo with your Resume?

The first thing to do here is to make sure we’re clear on the verbiage. Who exactly is asking for a photo? Is it your employer or your “potential” employer? Those are two very different things.

If you are working in a company, and you have an employer, then they can certainly ask for a photo for security purposes. The laws are only designed to protect people who are applying for a job and to protect them specifically from different forms of discrimination.

If you have already been hired, then not only is it legal, but it’s required that your employer have a photo id from you. It’s part of the onboarding process where they will have to have you fill out legal IRS forms including an I9.

If your employer didn’t ask for a photo id, then it would and should raise concern. That means that they are not following legal requirements and that means that you can’t trust them.

Legitimate offices also use photos for other purpose such as security and other issues.

Now, if you mean a potential employer, then that’s an entirely separate question. An employer who is screening applicants for a job can’t ask for a photo. That’s considered a discriminatory approach to hiring.

Nor can they run background checks. 

The thing is that once an employer brings you in for an interview, or has a Zoom or Skype interview with you, they will be able to see what you look like anyway.

So, while they might not be able to see what you look like by requesting a photo, they will get a look at you if they call you in for an interview.

This also doesn’t account for all of the recruiters who search out people’s social media accounts.

Can Job Postings Say to Send In a Photo?

No, job postings can’t legally require people to send in photos. Unless you’re working in the entertainment industry where people are casting for roles television, movies, or commercials, then you are not legally allowed to require photos for job interviews.

In the entertainment industry it’s considered normal for people to require photos or as they are known in the entertainment business: headshots.

However, these are not allowed to be requested for regular jobs.

So, if you’re applying to be a administrative assistant, or a marketing associate, or even a medical biller or nurse, there is no reason that you would ever have to send in a photo of yourself.

If you do notice that a job posting requests a photo, then you have a few options to consider. The first is that you oblige and send in a photo with your resume.

The second option is that you ignore the job and move on and find another job to apply for.

The third option is that you choose to try and sue. This isn’t worth your time. It will cost you money because no lawyer will take on a case for free. The prospect of suing a company that has a job posting online is not a winning case. The company can claim that the job was posted in error, and they have a legal time that will establish that there was no intended discrimination. I suggest just passing on the job instead of focusing on it.

Do You Need a Photo ID to Get a Job?

Before we wrap up it’s important to understand how important it is to have a photo id. Because while you can certainly apply for jobs without a photo, you can’t get a job and get hired and start working without a photo in the form of a government issued photo ID.

Employers are required to prove that the people they employ are legally allowed to work. This is done by filling out a form known as an I9. The I9 is an IRS form that is required for all employers. The only people who do not fill out IRS paperwork are people who are working “under the table”. These jobs are illegal. A lot of warehouses, restaurants, and factories hire people and pay them illegally.

But if you want a legal job with a good salary and benefits, or even if you just want a good job with decent pay and don’t want to work for an employer who is cutting corners on everything, then you’ll need a photo ID.

Should You Attach a Photo if Asked?

Just because the job posting asks you to send in a photo it doesn’t mean that you need to.

Also, just because the job posting is doing something that’s against the law, it doesn’t mean you will be able to tell them they are acting in a non-legal way and get the job. In reality that approach will result in you not getting a call back.

So, should you attach a photo if the employer asks? Well, that’s a personal decision and not one that I think is up to anyone but the individual.

What I would suggest is that if you are not averse to using a photo with your resume, then what you should do is to add the photo to your resume with proper formating (upper lest, using a resume template that has a field for a photo).

You’re not going to want to send along a seperate photo as a JPG with your resume. That’s too out of line. For actors who are working in the entertainment business, sending a headshot is more of a production, but for anyone who is simply applying for regular jobs then it’s better to have a resume with a photo intergated into the document.

Also, it’s a good idea to have your LinkedIn profile listed on your resume as a hyperlink at the top. This will allow people to view your LinkedIn profile as well. If you are serious about networking and finding work then you’ll definately want to make sure that you have a professioanl photo taken for your LinkedIn profile and you can then use this photo on your resume as well.