Asking for a photo ID creates the risk of liability for discrimination against persons of colour or other personal characteristics a photo may reveal. However, you’re allowed to do it if it’s what’s called a bona fide occupational requirement (BFOR). Questions to ask in determining whether your practice of asking this person for a photo ID would be considered a BFOR:
- Are you doing it for a legitimate, nondiscriminatory reason; if so, can you clearly articulate that reason?
- Is this your standard operating procedure?
- Do you do it consistently with all applicants?
- Are there alternative, less discriminatory ways to get the information you need?
You don’t want to overthink it; the problem I’m having is that I don’t understand why you’re asking for a photo ID just because the person is from out of province. But you know the situation; so just work through the BFOR criteria. Hope that helps. Glenn
