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I thought it was against the Law

Published:

I thought it was against the law for employers to ask your age.  I find that question on job applications and in right out asked in interviews.  Is it just against the law for them to hold your age against you.  I don't understand but of course if they are asking for you to sign a background check of course they will see your age anyway.

Entry #172

Comments

1.
JAP69Comment by JAP69 - February 6, 2009, 5:20 pm
This may help.
I really do not know for sure.
http://definitions.uslegal.com/e/employment-application/
2.
TenajComment by Tenaj - February 6, 2009, 5:53 pm
Thanks.
3.
four4meComment by four4me - February 6, 2009, 5:54 pm
Companies also have there own rules in regards to age situations. Their by laws and company profile should be a clue as to what they are about. A manager in an interview might ask your age in regards to a position of hire. Where other employees might be offended if they hire someone younger or older for a position they think they might be qualified for.

It is a very sticky situation and should be tread on lightly. Japs reference to the EEOC rules are your best resource. However in an interview if you mention anything about the EEOC rules then you might get tossed off the property LOL Employers don't like any new hire quoting the EEOC rules to them. They know the rules and they also have their own lawyer's in case a new hire or employee causes a rift. All they have to due is site the company rule book or change the rules to suit them.
4.
TenajComment by Tenaj - February 6, 2009, 6:07 pm
OK, I read the EEOC rules about age:

There are a number of things an employer is prohibited from asking the applicant. These include:

   1. Age/date of birth: Generally, age is considered not to be relevant in most hiring decisions, and therefore, date of birth questions are improper. The Age Discrimination in Employment Act protects employees 40 years old and above. It is permissible to ask an applicant to state his or her age if it is less than 18. Internal uses of date of birth for computations with respect to a pension or profit-sharing plan, this information can be obtained after the person is hired.

ON AN APPLICATION TODAY THE QUESTION WAS: What is your date of birth - year and all. They had already asked if I were least than 16 or 18 and I had to also pick an age range on top of that.

That bugs me. Thanks four4me.

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