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asmaasfak
Community Member

Done!

Content Removed.

13 REPLIES 13
jmlaidlaw
Community Member

Of COURSE you have the right to refuse to upload your picture -- whether for religious reasons, or whether because you happen to hate the way your hair looks in your photos, or whether because you are in a witness protection program, or for any other personal reason or whim. 

 

What you do not seem to understand is that your right is in conflict with UpWork's policy, and that, because this is UpWork's playground (so to speak), UpWork's policy/rules trump your right. By which I mean to say: you have the right to do as you wish, but you will have to EXERCISE THAT RIGHT elsewhere.

 

I am endlessly amused and bemused by the people who have the odd belief that their personal points of view somehow "must" be indulged by a private business, even when the business's practice is perfectly legal.

I am just asking for help and really expect help, not an insult.

Asma that is not an insult.  She is saying that you have right to practice whatever you belive in but expecting exemptions by private business is not one of them.  There are many freelancers of your faith and they do not seem to have any issues with profile pictures.

 

Remember to work on Upwork is a choice.

 

Also, isn't is ironic that you are trying to trick the system by inserting an illustration of some random girl?

sgoble
Community Member

Asma -

Please see my post. 

@ Asma --

 

It appears to me that rather than asking for "help," as you choose to characterize it, you are (instead) asking for special treatment (cf. your earlier post, in which you ask that UpWork "waive this requirement" especially for you, on the basis of your religious beliefs).

 

You say that "expect help, not an insult." Do you believe that you have been insulted? If so, could you describe the specific insult? (Note that it does not qualify as an insult for anyone to fail to treat "freedom from photographic representation" as a liberty on a par with those enshrined in the Bill of Rights.)


@Asma G wrote:

I am just asking for help and really expect help, not an insult.


Nobody insulted you. Upwork has rules, if they conflict with your ideas, don't use Upwork.

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"Where darkness shines like dazzling light"   —William Ashbless
sgoble
Community Member

Janean -
My, I wonder what loophole all these people squeaked through? As of yesterday a random sampling of public accounts showed about 3% with no photos.  Earning money, a little or a lot, and not a photo in sight. I especialoly like the one at the lower tight that says [No Photo]

 

Currently active accounts with no photos.Currently active accounts with no photos.

Upwork could be violating some laws if they require photos, or enabling others to violate those laws if they are acting as the agent who provides the photos.  I wonder what the EEOC would say.

 

In general, it is illegal to ask an applicant to include a photograph with a job application. Several laws prevent employers from doing this. These include the Civil Rights Act of 1964 (Title VII), Age Discrimination in Employment Act of 1967 and the Civil Service Reform Act of 1978. The Americans With Disabilities Act of 1990 (Title I and V) also makes requesting a photograph illegal in most cases.

https://bizfluent.com/info-8517622-there-asking-photo-job-application.html

https://www.eeoc.gov/laws/practices/

 

I am currently hassling with the "Trust and Safety" staff over my lack of photo, but not for the same reason as the OP.  I have a stalker and do not want to have my name, location and current appearance all in someone's handy database anywhere on the Internet. It's a long story, but it involved cocaine, assault with a deadly weapon, kidnapping and a Colt 45.

 

 

jmlaidlaw
Community Member

@ Stephanie --

 

(1) UpWork is not a U.S.-only business platform. 

 

(2) UpWork freelancers are independent contractors, not employees. Clients are manifestly NOT "employers." Nor is UpWork an "employer."

 

(3) I cannot explain why some profiles have "squeaked through" without photos, any more than I can explain why some profiles have slipped through using photographs of celebrities or models. (I have seen both used.) I also cannot explain why UpWork allows certain freelancers to claim that they speak "Native/Bilingual" English when that claim is clearly a lie in their cases. Do not ask me to apologize for UpWork's failure to enforce its own policies.

@Stephanie:

 

I also have issues with Upwork requring Profile Pictures and lot more from freelancers. While giving minimum information about the clients.  They don't not even disclose the names.

 

It always reminds me of the scene from the movie "Taken" where young girls are paraded and the invisible buyers in the dark booth "select" them!

 

But it is a battle I can't win.  So I go with the flow.

sgoble
Community Member

" (1) UpWork is not a U.S.-only business platform. "

 

It doesn't matter if they are international.  If they are based in the USA they have to follow USA laws. And if they are in California, they have to follow California laws.

If they are based outside the USA, they have to follow USA laws for the business they transact inside the USA.

I've worked for US-based multinationals and just because the company has overseas clients doesn't mean it can ignore USA laws when dealing with those clients.  I've worked for European-based multinationals, and they followed USA laws for the business they transacted in the USA.

 

 


@Stephanie G wrote:

Janean -
My, I wonder what loophole all these people squeaked through?


 Upwork is cracking down on people with no photos and fake photos. Their turn will come to get suspended. Unfortunately, I don't think Upwork can make exceptions.

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"Where darkness shines like dazzling light"   —William Ashbless
3ctechnologies
Community Member

Are you fake?

Am I fake?  No, I am a real person with a personal safety problem.  Somewhere out there is a nutcase who might still want to kill me.  I doubt the 20 years he spent in prison improved his disposition any.  So I keep a low profile on the Internet in case he's still holding a grudge. 

 

BTW, I have never had a temp agency ask for a photo to show potential clients, because they know it would be illegal.  

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