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Old 01-16-2014, 05:09 PM
 
4,749 posts, read 3,606,588 times
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Quote:
Originally Posted by Wmsn4Life View Post
Okay, show me the statute that makes it illegal to ask someone "How old are you?" in an interview.

What? Can't find it? Didn't think so. Sorry, but the websites are just plain wrong to state that it's "illegal" - it's not illegal. I agree that it's not a wise question to ask, but not wise and illegal are two entirely different things.
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Old 01-16-2014, 05:10 PM
 
Location: Brentwood, Tennessee
43,142 posts, read 41,752,473 times
Reputation: 82851
Quote:
Originally Posted by chickenfriedbananas View Post
Okay, show me the statute that makes it illegal to ask someone "How old are you?" in an interview.

What? Can't find it? Didn't think so. Sorry, but the websites are just plain wrong to state that it's "illegal" - it's not illegal. I agree that it's not a wise question to ask, but not wise and illegal are two entirely different things.
You're really embarrassing yourself.
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Old 01-16-2014, 05:10 PM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 58,350,450 times
Reputation: 26526
Quote:
Originally Posted by Wmsn4Life View Post
Again, it IS illegal to ask "How old are you?" BEFORE one is hired.

http://www.cbsnews.com/news/illegal-...iew-questions/
This article is confusing the issue by using the word "illegal". Note the key phrase, "First of all, there are a limited set of topics that are protected -- in other words, you may not make hiring decisions based on these considerations."

Ergo, and as others have pointed out, it is NOT illegal to ask the question, but it IS illegal to decide against hiring an applicant based on their response to the question.
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Old 01-16-2014, 05:12 PM
 
4,749 posts, read 3,606,588 times
Reputation: 3225
Quote:
Originally Posted by Wmsn4Life View Post
You guys have no idea what you're talking about.

There are MANY types of illegal questions interviewers are NOT allowed to ask.

Prohibited Practices
I'm afraid you're the one who has no idea what you're talking about, and no amount of references to EEOC is going to change that. All the EEOC website does it reiterate what all of us here already know, which is that it's illegal to discriminate on the basis of age and other criteria that fall under the scope of EEOC's jurisdiction.
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Old 01-16-2014, 05:14 PM
 
48,516 posts, read 83,880,155 times
Reputation: 18049
Its the discrimination based on age etc that is illegal not the question themselves.
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Old 01-16-2014, 05:18 PM
 
4,749 posts, read 3,606,588 times
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Quote:
Originally Posted by Success3 View Post
That's the tricky part. You don't really know whether or not it's being used against you. You can only hope not.
If you don't know, you don't know. There has to be reasonable evidence to suggest that the response to the question was in some way a material factor in a company's decision not to hire a candidate. I agree that it's a stupid question to ask, and that it just opens up the door to potential litigation, but that fact doesn't make the question illegal. Last time I checked, there's something called the First Amendment to the Constitution, which essentially guarantees free speech, even if it's dumb. What's not protected is when a candidate's age is used against him/her in a hiring decision. But a Court would need to know more than just whether the question was asked; they'd have to know if there's any other evidence to substantiate allegations that age was used as a factor in hiring. If, for instance, the candidate was beaten out by another candidate of a similar age, then obviously, there's no discrimination - only a stupid question that shouldn't have been asked. Case dismissed.
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Old 01-16-2014, 05:24 PM
 
Location: Brentwood, Tennessee
43,142 posts, read 41,752,473 times
Reputation: 82851
I could post links all night, but I have better things to do.

You'd better brush up on gov't regs.
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Old 01-16-2014, 05:27 PM
 
170 posts, read 239,488 times
Reputation: 221
Youth At Work: Age Discrimination - FAQs

Can my employer ask about my age?

Federal law does not prohibit employers from asking an applicant's age or date of birth. However, because such questions may discourage older workers from applying for jobs or may otherwise indicate a possible intent to discriminate based on age, employers should ensure that they ask about age only for a lawful purpose.
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Old 01-16-2014, 05:35 PM
 
Location: Brooklyn,NY
10,608 posts, read 13,135,231 times
Reputation: 16152
Its unprofessional, awkward and a way for some employers to screen people out. And hard to prove any discrimination.
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Old 01-16-2014, 05:40 PM
 
Location: SW Missouri
15,847 posts, read 30,341,628 times
Reputation: 22356
Quote:
Originally Posted by Success3 View Post
So I had a "phone screen" I guess you can call it that. Anyway the person asked me "How old I was?"
It is not illegal to ask how old you are. It is illegal to not hire someone based upon their age. But you have to prove that if you didn't get the job it was because of age. Difficult to do.

20yrsinBranson
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