What not to miss on your CV: Legal advice for privacy and equal treatment

How to protect your personal data when creating your CV under GDPR

In accordance with the General Data Protection Regulation(GDPR), it is important what data you include in your CV. You should avoid sharing sensitive personal information such as your marital status, religion, health or political views unless it is necessary for the position you are applying for. However, the vast majority of this information is not relevant to the employment relationship and providing it could be considered a breach of privacy.

Adding a photograph to a CV is common in some areas, but it can also be legally risky. Under the GDPR, you should consider whether the photo actually contributes to the assessment of your qualifications. A photo may inadvertently encourage discrimination, for example on the basis of appearance, gender or age. We recommend only posting a photo if it is common for the industry, for example in creative professions. If you add a photo, make sure you agree to its use in the context of the selection process.

You should only include basic contact details on your CV that are necessary for communicating with a potential employer. This includes your name, telephone number and email address. Make sure that these details are up to date and correct. Sharing other information, such as your home address, may not always be necessary unless it is required for a specific position.

Legal requirements for equal treatment in CV production

Employers have a duty to ensure equal treatment of all job applicants, which includes what information they can ask for on CVs. Under Czech employment law and European directives, employers cannot ask for information that is not relevant to the job, such as your marital status, age, gender, religion or health. This practice could lead to discrimination, which is against the law.

Examples of situations that may arise:

1. Marital status and pregnancy: employers cannot ask for information about an applicant’s marital status (for example, whether you are married or single) or pregnancy. Providing such information may lead to discrimination on the basis of gender or marital status.
2. Age: Although age may have some bearing on certain jobs, for example in professions where long careers are expected, it is generally not possible to require age or to give an explicit age limit. This may be considered age discrimination.
3. Gender: Gender information should not be included on a CV unless it is directly relevant to the position. For example, in some creative professions it may be unnecessary to include gender unless it has an impact on selection.
4. Religion: Requests for religion are also discriminatory unless they are directly relevant to the job. This information is in most cases irrelevant to the evaluation of the job applicant.

What can be requested

Employers may ask for information that is relevant to the job, such as your education, professional experience and skills. If you are applying for specific positions, information about your medical fitness may be requested, but only to the extent necessary for the job.

Examples of specific positions where medical fitness may be required:

1. Nurse: For this position, medical fitness information may be required to ensure that the candidate can cope with the physical and mental demands of the job. For example, certain health problems that could affect the ability to perform nursing care activities (e.g., lifting patients) may be grounds for rejecting a candidate.
2. Pilot: For a pilot, medical fitness is absolutely critical, especially when it comes to visual ability, mental health, or the ability to work in demanding conditions. Medical tests are standard practice here, as medical problems can compromise the safety of air operations.
3. Police officer or soldier: In these professions, a certificate of good physical health and fitness for work involving high physical exertion or coping with stressful situations may be required.
4. Pilot or flight attendant/air hostess: For professions related to flying, it is necessary to verify that the applicant has sufficient medical fitness, for example in the area of cardiovascular disease or hearing problems, as the work can be very demanding in this respect and requires absolute physical fitness.

Protection against discrimination in the selection of employees

When selecting employees, it is essential to ensure that the selection is fair and non-discriminatory. Employers should only assess qualifications that are relevant to the job when evaluating CVs. For example, age, gender, marital status or ethnicity should play no role in the selection decision. If a CV states that a candidate is young or older, that they are female or male, that they are divorced or single, or if it contains any other personal information that is not relevant to the job, this may lead to a breach of anti-discrimination laws.

Examples of situations that may or may not arise

1. Age: If a CV contains information about age, this may be considered discrimination. For example, if a company would automatically reject a candidate on the basis of their age, even if they have all the necessary qualifications, this would be an unlawful practice.
2. Gender: Gender should not be included on a resume unless it is necessary to perform a specific job. For example, if an applicant for a management job adds the information that she is a woman and the employer would use this information to evaluate her abilities, this is sex discrimination.
3. Marital status: Indicating marital status, such as being divorced or having children, should have no bearing on the hiring decision. While there may be situations where marital status will have a practical impact on working conditions (e.g. for a job with flexible hours), such information should not be included on a CV unless it is relevant to the job.
4. Ethnicity: It is not only inappropriate but also illegal to include information about ethnicity or nationality on a CV unless it is necessary for the job. For example, if an applicant states his or her ethnicity on a CV, an employer should not make a selection decision based on this information.

If employers treat resumes in a discriminatory manner, such as evaluating applicants based on this non-pertinent information, they may face legal consequences, including lawsuits for discrimination. Importantly, any resume information should be relevant to the position for which you are applying. For example, for a creative position, it may be important to mention a professional portfolio, while for an administrative job, organizational and communications experience may be critical.

Lying on your CV and the legal consequences

Care must be taken in putting false information on a CV. There can be serious legal consequences if you give false information about your work experience, education or skills. Employers have the right to cancel a contract of employment if it turns out that a candidate has deliberately given false information. In some cases, lying on a CV can be considered fraud, which can lead to criminal prosecution. Such behaviour can not only affect the trust between the employee and the employer, but also damage professional reputation.

What are common CV lies?

1. False education
   Some candidates may state on their CV that they have attended a college or course that they have not actually completed. This is often to increase their qualifications and attractiveness to employers. However, this practice is highly risky. If a recruiter or hiring manager discovers that a candidate has misrepresented his or her educational background, it can lead not only to immediate rejection of the candidate, but also, in some cases, to termination of the employment relationship if such conduct occurs after the candidate has started work.
2. Exaggeration of work experience Another common lie is exaggeration of work experience, e.g. stating that a job or project that does not exist but that the candidate has never held. In some cases, people may add company names to their CV that never actually existed, or make up specific achievements and skills. This can be particularly attractive to candidates who are worried that their actual experience will not be sufficient for the desired position. However, recruiters and managers often notice these differences during interviews or through reference checks. If the lies are uncovered, it can lead not only to immediate termination of employment but also to legal action for fraudulent behaviour.
3. Fake skills Listing skills that a candidate doesn’t actually have, such as advanced knowledge of a foreign language or professional programs, is another way people can “enhance” their resume. Again, this practice can have serious consequences if these skills turn out to be false. For example, if a candidate states that he or she is proficient in a particular software but discovers during the course of employment that he or she is not proficient in that skill, this could lead to problems not only in the employment relationship but also legal liability if there is deception in the selection process.

Lying on a CV is often a response to pressure from candidates in the job market. Many try to be competitive, over-emphasise their qualifications or fear that their real skills are not attractive enough for employers. In their quest for employment, candidates may decide that small lies will not have serious consequences, which can be a big mistake.

Employers usually conduct verification of the information on resumes, either through telephone references, diploma verification, or skills testing during the selection process. If a candidate is found to have provided false information, their job offer may be immediately rescinded. Some recruiters even carry out a background check, i.e. a check of the entire career history, including school records and work experience.

If a major lie (for example, falsifying university studies) is discovered after you have started work, the employer may even have the right to cancel your contract. In serious cases where lying is considered fraud, employers can even take criminal action. Applicants should be aware that lying on a CV can have consequences and damage their professional reputation.

When writing your CV, always make sure that all the information is true and relevant to the job.

Summary

When creating a CV, it is important to protect your personal information and ensure that the CV contains only relevant and truthful information. At the same time, you should keep in mind that your information should not be used to discriminate. By following the legal guidelines, you are not only protecting your privacy, but also ensuring that your CV complies with the applicable laws.