One (sort of reversed) counter example is American Apparel which actively solicits photos in their application: http://employment.americanapparel.net/employmen

One (sort of reversed) counter example is American Apparel which actively solicits photos in their application: http://employment.americanapparel.net/employment/index.asp?cmd=resume_submit&opportunity_id=0191 http://employment.americanapparel.net/employment/index.asp?c... Edit: This would lead me to believe the law is somewhat up for interpretation and it's not cut and dried, since AA is a pretty big company and I would assume their legal dept had to sign off on this kind of thing. That being said, they are pretty well known for being sketchy and creepy.