Is it legal to ask "date of graduation" on an employment application? 11-17-2009

Is it legal to ask "date of graduation" on an employment application? In my opinion that is just a back door way to figure out how old an applicant is.

Ann Kiernan replies:

Federal law does not specifically prohibit an employer from asking an applicant's age, date of birth, or graduation date, but federal regulations say that 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. 29 C.F.R § 1625.5. A 2005 EEOC informal opinion letter on the subject says: "Because an employer's request for an applicant's age might deter older workers from applying for positions, employers should assure employees during the application process that such information will not be used for discriminatory purposes. See 29 C.F.R § 1625.5. For example, application forms could state that the employer does not discriminate on the basis of age."

A number of states do prohibit asking about high school graduation dates, age, and date of birth, except to confirm that an applicant is old enough to work, so you should check with a local employment lawyer for the rules in your state. We recommend not asking unless you have a legitimate business reason for doing so. Whether someone graduated high school or has a GED might be relevant information, to the hiring manager, but the date of graduation is not.

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.