Ask the Experts: Discrimination, Pronouns & Quitting

On Feb 21, 2025

In the latest installment of New Jersey Business Magazine’s Ask the Experts column, HR professionals working with the New Jersey Business & Industry Association respond to executives’ inquiries on three interesting workplace issues:

Can we ask applicants to share their pronouns on our job application?

In general, yes, but there are some things to consider. 

• First, the question should be optional and clearly stated as such on the application. 
• Second, if you ask for pronouns on the application, screeners and interviewers should use them. Your workplace culture won’t come across as authentic or inclusive if the applicant’s stated pronouns are disregarded.
• Third, ensure that those making hiring recommendations or decisions understand that a candidate’s choice to identify or not identify their pronouns, as well as the pronouns they choose, should not figure into the hiring decision. Collecting this information could lead to a discrimination claim if an applicant believed they were excluded because of their gender identity.

What does my employee mean when they say they’re going to “file a claim” for discrimination with the EEOC?

In the context, filing a claim of discrimination means lodging a formal complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency that enforces Title VII of the Civil Rights Act, where most of our federal employment discrimination prohibitions come from. A claim can be filed by an employee, former employees, or job applicant. The claim will assert that they were discriminated against by the employer because of their race, color, religion, sex, pregnancy, gender identity, sexual orientation, national origin, age, disability, genetic information or another protected characteristic.

When the EEOC receives a claim of discrimination, it sends a notice of the charge to the employer. The notice will either ask the parties to participate in a mediation program to resolve the claim or instruct the employer to provide a written answer to the charge before it investigates. Although discrimination claims usually need to be filed with the EEOC before a person can sue, filers don’t have to wait for the EEOC to investigate and can instead ask for a “right to sue” letter, which will usually end the EEOC’s investigation. A lawsuit may follow, depending on the outcome and circumstances.

A newly hired employee quit after their first day. To keep things simple, can we just pay them as an independent contractor?

No, that approach is not compliant with regulations. The IRS, the U.S. Department of Labor, and state agencies have specific criteria for determining who is an employee and who is an independent contractor. These criteria focus on the overall relationship workers have with their employer, with attention to who controls when, where, and how the job gets done, along with who has the opportunity for financial profit or loss. The timespan of employment is not one of those criteria. You should pay the employee the day’s wages through your payroll system, taking out payroll taxes and other withholdings as required. 

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