HOUSTON -- If you're applying for a new job, you probably know you'll need to get your resume ready, your references and maybe a sharp suit. But one Cypress woman was caught off guard when an employer asked her to send a picture.

Investigative reporter Amy Davis has the checklist of what employers can and can not ask you in the hiring process.

It's somewhat of a strange request, but the woman we spoke with sent a picture to the owner because she wanted the job.

We're calling her Pam because she's still searching for employment and she doesn't want to be labeled a "troublemaker."

Pam said she found the job listing on Craigslist.

"Somebody with experience and a background in running a restaurant," Pam recounted the job description to Davis.

"And that's you?" Davis asked.

"That's me," Pam said. "That's what I did."

Pam e-mailed her resume, complete with qualifications and references. What she got back was this message:

“I would love to consider you as part of our team, so as to expidite (sic) the process quicker, would you mind sending me a current picture of yourself," the potential employer wrote.

"That struck me as really funny because I wasn't sure why he was asking for a photograph," Pam said.

You might ask what's the harm in a picture? Employment attorney Scott Lemond has that answer.

"You can immediately tell what a person's race is. You might be able to tell if they are older or younger," said Lemond.

The Texas Workforce Commission said hiring decisions cannot be based in any way upon race, color, religion, gender, national origin, age or disability.

"Requiring a photo would likely be considered a clear example of discriminatory hiring practices, according to our attorneys," a TWC representative wrote.

When confronted by Davis, the restaurant owner requesting photos said he had no idea it was wrong.

  "I guess a lot of people might be curious why you need to see what somebody looks like to see if they're going to get an interview," said Davis.

"Well I have no idea why somebody would be curious about that," owner Paul Friedman said. "Can't we just have a photograph with an application?"

"The Texas Workforce Commission says it's discriminatory," Davis told him.

"I'm very sorry. I don't mean to be discriminatory towards anyone really," said Friedman.  

Friedman did send e-mails to several applicants apologizing for his picture request. He told us he was only asking for photos so he could attach applicant's pictures to their resumes to keep them all straight.

What should you do if an employer asks a question you don't think is appropriate?

Lemond said you can ask innocently, "Why do you need a picture?" or "Why do you need to know if I have children?"

You can also take another tact and say, "I thought the Texas Workforce Commission says you can't ask me that."

If the employer presses the issue, you should contact the U.S. Equal Employment Opportunity Commission and the Texas Workforce Commission. You’ll find links and contact information for those agencies on the Ask Amy blog.