The Finnish company’s job search form asks for sexual orientation – an expert tells us if it is legal

Finnish software company Aivenin In the job search form Asks, among other things, the applicant’s sexual orientation, gender identity, ethnic background and disability.

Inquiry for personal issues on the job search form has been amazed at LinkedIn.

« Am I the only one who thinks this is a completely nonsense question on the job search form? », The publication on the subject asks.

This is an international company headquartered in Helsinki and the location of the job to be applied for is Helsinki.

Personal issues at the end of the English application form are a separate section. The pre -questions’ introduction states that the answer is completely voluntary and the answers are treated anonymously.

In addition, the form states that answers or non -response will not affect the recruitment process.

From the applicant Asks in the section on gender identity, age group, ethnic background and sexual orientation. In addition, it is asked if the applicant is mentally disabled and is a war veteran.

Questions justify the data collection so that the company can determine whether they attract different applicants and take diversity in the recruitment process.

Some personal issues are prohibited in recruitment within the framework of privacy and the Equality Act. These include, but are not limited to, sexual orientation, age, ethnic background, military value, religion, health information, political beliefs and union belonging.

Legal Director of the Confederation of Finnish Industries Markus Äimälä Does not comment on Aiven’s job search form, but comments on the subject at a general level.

The general rule of the game is that recruitment only asks for things that are necessary for the job. The law prohibits the processing of data other than necessary information, such as recording, not actually asking them.

According to Äimälä, in practice, they mean much of the same thing.

« It is not advisable for the employer to ask the applicant exactly what it is entertaining. I have told companies that also think about every question in the recruitment form whether it is necessary for the employment relationship, » he says.

Labor market After a long follow -up, Äimälä does not remember before he heard that questions like Aiven’s form would have been asked. He cannot say whether similar issues are more common in the rest of the world.

Like the rest of the EU, Finland is in accordance with the General Data Protection Regulation (GDPR), so at least in the EU countries, sensitive issues are hardly required, Äimälä ponders.

« It is very exceptional that asking for sensitive information would be necessary in a job search situation. However, the need always depends on the job, and it must always have a reason for it. »

If there is no reason, the employer may not process the applicant’s sensitive information, even with the consent of the jobseeker.

There are some exceptions when certain private matters are allowed. For example, police are subjected to safety reports.

Äimälä It recommends that the employer only asks information on the application form that is definitely needed for all applicants.

« In the case of a special task, a job interview may ask for something complementary, but even then, the basic rule still applies to the need for the question. »

HS did not reach Aiven’s representative for an interview on Tuesday.