This image includes members of the Equal Employment Opportunity Commission – Victoria Lipnic, Janet Dhillon, and Charlotte Burrows.
Today at approximately 2:00 PM Eastern, the U.S. Equal Employment Opportunity Commission (EEOC) voted to publish a new formal opinion letter clarifying that the proper use of IRS Form 8850 does not violate any of the anti-discrimination laws enforced by the EEOC.
IRS Form 8850, titled “Pre-Screening Notice and Certification Request for the Work Opportunity Credit” is a document employers must acquire from new employees “on or before” the day of their job offer, to qualify for the Work Opportunity Tax Credit. View the form here. Because this form inquires into an employee’s date of birth and disability, some employers express concern about potentially violating laws that prohibit such inquiry prior to making the hiring decision.
The bottom line is that proper use of IRS 8850 is not a violation of the Civil Rights Act or the Americans with Disabilities Act (ADA).