Can my manager demand I tell him my birthdate?

Can my manager ask me for my birthday and my age, and then threaten to go to HR to find out when I refuse?

Steve Duggan replies:

So long as he or she has a legitimate need to know for work-related purposes, there is nothing wrong with asking an employee for date of birth, and therefore age. There is nothing particularly private about this information. It is disclosed on employment applications and in other records of the employer, and certainly would be available from HR at the manager’s request so long as there is a valid reason.

Posted 10-18-2016

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.


About the Author:

Steve Duggan graduated from the Law School at the University of Notre Dame while on active duty in the Air Force. He has extensive experience representing management litigating cases of wrongful termination, employment discrimination, and sexual harassment. Steve also has experience in all phases of administrative litigation of unfair labor practice charges, and class and individual complaints of employment discrimination. He has been an instructor of seminars for supervisors and managers on labor management relations and other personnel issues, and for lawyers in basic and advanced trial advocacy courses. Steve came on board with Fair Measures in 1998.