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Is it not illegal for a job application to ask your DOB?

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expatriot Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:29 AM
Original message
Is it not illegal for a job application to ask your DOB?
I thought that it was illegal RE: age discrimination.
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Nicholas D Wolfwood Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:30 AM
Response to Original message
1. I thought it was, however,
Edited on Wed Jul-21-04 10:31 AM by sirjwtheblack
in Arizona, that doesn't seem to be the case. My mom kept applying for jobs out there, and not only did they ask her age, they told her they were going to hire someone younger.

On edit: I notice you too are from Arizona. I don't think this is coincidence at all...
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 11:03 AM
Response to Reply #1
18. that`s age discrimination
she should file a complaint just to give them grief..but who knows maybe this could lead to a class action.
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Worst Username Ever Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:31 AM
Response to Original message
2. It is legal
They have to know that you are old enough to work.
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dweller Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:49 AM
Response to Reply #2
13. that should be
a question posed: are you over 18 years of age?
Yes/No
If NO, what is your birthdate.

In my state, NC, it is illegal.

dp
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Iris Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 12:46 PM
Response to Reply #13
20. Actually, it's not info. they need to get until AFTER you are hired.
After you are hired, you have to prove you can legally work in this country so the employer has to copy your SS card and driver's license and stuff, which is when they would also gather proof that you are old enough to work.
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aden_nak Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:31 AM
Response to Original message
3. Technically?
I believe they are permitted to ask. . . but it doesn't really matter. If they have your social security number they can find out a whole lot more than your date of birth.
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mrboba1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:31 AM
Response to Original message
4. ours have them
but they get cut off and left in HR - the interviewers never see that.
Of course, we do ask where they went to high school and when - that kind of gives it away...
:shrug:
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expatriot Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:33 AM
Response to Reply #4
6. I guess you are all right...
...there are so many ways to find out someone's age.

thanks.
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northzax Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:32 AM
Response to Original message
5. it's perfectly legal
they can ask you almost anything they want, it's just when they make a decision based on it that they get into trouble. hence the fact that most companies don't ask these types of questions anymore.
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Bunny Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:33 AM
Response to Original message
7. I believe it is illegal to ask your DOB unless they are prepared to
Edited on Wed Jul-21-04 10:34 AM by bunnyj
offer you the job. Check with the EEOC. On edit - on applications, we ask where you went to school, but we do NOT ask for the dates you attended, graduated, etc.
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Jo March Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:35 AM
Response to Original message
8. I was told it's illegal
Any personal information that could contribute to discrimination is off-limits. You can be discriminated against due to your age.

Of course, if you look underage, then I guess the employer could get around that by saying that they were just trying to prove that you are old enough to work.

I was asked once and told the interviewer that I was old enough. I didn't get called back for a second interview, though.
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2Design Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:36 AM
Response to Original message
9. it is illegal but they do it anyway or they ask for your hs graduation
date to get around it...
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eyesroll Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:37 AM
Response to Original message
10. Generally, the only age-related questions they can ask
pertain to whether the applicant is legally old enough to work at all, or legally old enough to work in hazardous conditions or obtain certain licensure.
In very, very rare occasions, they can ask if you're too old -- for instance, some professions have mandatory retirement ages. These are usually professions like air-traffic control, airline pilot, etc.

A common way of phrasing this is:
"The legal age in Wisconsin to drive a school bus is 21. Do you meet these age requirements?"

Or: "Are you over 18? If not, list date of birth:___."

It's legal to ask a minor exactly how old he/she is, since there are different rules for 14-15, 16-17 and 18-20 year-old workers.
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jrthin Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:37 AM
Response to Original message
11. They really don't need to ask.
The DOB is on many of the documents, i.e. SS#, that is presented to the prospective employer for id.
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CO Liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:39 AM
Response to Original message
12. Some Jobs Have Age Minimums
Such as working in places that sell or serve alcohol. And if you're over 40, they have the Age Discrimination Act to worry about.

It may be legal to ask your age, as long as it's not used as the hiring criteria.
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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:50 AM
Response to Reply #12
14. Hello! If they want to know, it's for one reason only--
and it's not so much AGE discrimination as healthcare premium protection. Older people (allegedly) cost more insurance-wise.

Until we end the paternalistic employer-provided insurance mess, age discrimination will continue to explode.
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CO Liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:54 AM
Response to Reply #14
15. They're Not Allowed to Discriminate Against Older Job-Hunters
I should know. I'm 51.
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TX-RAT Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 11:09 AM
Response to Reply #15
19. I'm 51?
Edited on Wed Jul-21-04 11:10 AM by TX-RAT
Another proud member of the Old Farts Club.
53 and hanging in there.
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Bridget Burke Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 10:55 AM
Response to Reply #14
16. Of course, free government-sponsored health care is the way to go.
It would be a worthy use of our tax dollars, rather than paying for wars & corporate welfare.

Of course, your use of the word "paternalistic" means you probably don't really agree.

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philosophie_en_rose Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-21-04 11:02 AM
Response to Original message
17. It's not illegal.
Some places need DOBs for background checks. However, if an employer discriminates due to someone being over 40, they are at risk for a lawsuit.
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