What are illegal age questions? 09-08-2008

Besides Date of Birth, are there any other "Age" indications that should be avoided?

Rita Risser Replies:

According to www.eeoc.gov: The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA. However, some states do prohibit asking age or dates of birth, except to confirm that an applicant is of legal age.

We recommend not asking unless you have a legitimate business reason for doing so. "Date graduated from high school" isn't that useful, but "date graduated from college" might be. Don't ask about retirement plans, though it is okay to ask all applicants how long they'd like to work for the company. Don't make assumptions about people based on their age. If you just focus on the job and their skills, you will get the best person for the job.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.