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The legality of requiring a job applicant or employee to submit a photograph is complex and varies depending on jurisdiction and the specific circumstances. While a blanket prohibition against such requests doesn’t universally exist, laws prohibiting discrimination based on protected characteristics, such as race, age, or religion, often play a significant role in determining the permissibility of these requests. For instance, if a photograph is used to discriminate against an applicant based on their race, the practice would likely be illegal. A valid job-related reason may exist in certain professions where appearance is a bona fide occupational qualification (BFOQ), but these instances are very limited.

The rise of anti-discrimination legislation has prompted a decrease in the overt use of photographs during initial application stages. Historically, including photographs was a common practice, but awareness of potential bias has led to a shift. Employers are now increasingly cautious about requesting photos early in the hiring process to avoid even the appearance of discriminatory practices. The increasing focus on objective qualifications and blind resume reviews further underscores this trend toward minimizing opportunities for bias in the selection process.

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