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Old 02-22-2016, 01:05 PM
 
4 posts, read 2,040 times
Reputation: 15

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I applied for part time job about week ago. I got a call this morning from them wanting to interview this Wednesday. But the lady said she needed my date of birth, 15 minutes later I get email with "At this time we are pursuing other applicants" The date of birth was the killer deal for me I guess, I rather them just say hey you're too old for what we're looking for.
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Old 02-22-2016, 01:20 PM
 
3,814 posts, read 3,035,587 times
Reputation: 7680
Quote:
Originally Posted by man00 View Post
I applied for part time job about week ago. I got a call this morning from them wanting to interview this Wednesday. But the lady said she needed my date of birth, 15 minutes later I get email with "At this time we are pursuing other applicants" The date of birth was the killer deal for me I guess, I rather them just say hey you're too old for what we're looking for.
Well, that is not at all illegal.

(sarcasm alert)
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Old 02-22-2016, 02:10 PM
 
152 posts, read 133,429 times
Reputation: 204
Based on that they can tell how old u are. And may not hire u ur age. Too young or too old.
That's why I put my graduation date from high school. So they can figure out my age. And not waste my time. Discrimination will always be alive .
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Old 02-22-2016, 02:18 PM
 
Location: Arizona
5,510 posts, read 6,176,481 times
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Quote:
Originally Posted by CapsChick View Post
Well, that is not at all illegal.

(sarcasm alert)
You're right, it's not illegal.

Where was the sarcasm?
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Old 02-22-2016, 05:42 PM
 
9 posts, read 12,681 times
Reputation: 13
if you're over 40 and they have 20 or more workers you can file a complaint with the EEOC and be awarded damages. Because it's against the law for employers to ask you how old you are or your DOB during an interview or even a phone session. They can only ask if you're over 18.
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Old 02-22-2016, 06:09 PM
 
17,509 posts, read 10,382,800 times
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Quote:
Originally Posted by Archer0905 View Post
if you're over 40 and they have 20 or more workers you can file a complaint with the EEOC and be awarded damages. Because it's against the law for employers to ask you how old you are or your DOB during an interview or even a phone session. They can only ask if you're over 18.
Age related questions are to be avoided during the interview, but it's not illegal to ask an applicant their age.

And good luck to anyone out there that wants to prove age discrimination. Companies are very experienced in getting away with it.


Is it Illegal to Ask for a Job Applicant's Date of Birth?
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Old 02-22-2016, 08:14 PM
 
9,295 posts, read 12,003,491 times
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Quote:
Originally Posted by Archer0905 View Post
if you're over 40 and they have 20 or more workers you can file a complaint with the EEOC and be awarded damages. Because it's against the law for employers to ask you how old you are or your DOB during an interview or even a phone session. They can only ask if you're over 18.
IT IS NOT ILLEGAL TO ASK a person's age or date of birth, it's illegal if it was the basis of a hiring decision.
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Old 02-22-2016, 08:47 PM
 
Location: Arizona
5,510 posts, read 6,176,481 times
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Quote:
Originally Posted by Archer0905 View Post
if you're over 40 and they have 20 or more workers you can file a complaint with the EEOC and be awarded damages. Because it's against the law for employers to ask you how old you are or your DOB during an interview or even a phone session. They can only ask if you're over 18.
Nice made-up legal advice there.

It's not like you file a complaint and get a check.

The EEOC cannot award damages. That requires a lawsuit. The EEOC files lawsuits in less than 1% of the cases it reviews, so they tend to only file in egregious cases that impact lots of people, or ones that will set precedents. That leaves individuals to get their own lawyers and file their own suits - after the EEOC says they can. Good luck with that.

Oh yeah....and there's no law against asking questions about age (or marital status or any other protected class) during an interview or any other time. What is illegal is actually discriminating against protected classes, not asking about them. Smart companies don't ask those kinds of questions to avoid even the appearance of discrimination, but that doesn't mean it's illegal.
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Old 02-22-2016, 09:02 PM
 
Location: Silicon Valley
18,162 posts, read 23,223,067 times
Reputation: 35469
I'm assuming the Dept of Fair Employment and Housing in CA is similar to the EEOC. The reason there aren't many lawsuits by the DEFH is because over 80% of the complaints are settled - not because the DEFH didn't pursue cases because they weren't setting precedents.

Also, at least in CA, you no longer need permission to sue. And you shouldn't need a lawyer until you get to the mandatory mediation phase, which takes about a year, from my understanding. Having a lawyer isn't required, but probably a good idea at that point. And your lawyer gets to use all the info and documents that the DEFH gathered during their investigation.

The more complaints about discrimination the better, IMO.
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Old 02-22-2016, 09:45 PM
 
4 posts, read 2,040 times
Reputation: 15
I just thought it was strange, I'm not thinking of lawsuit of any kind. I rather they just put what their age limit is for the job.
That would at least save me time and them too.
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