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I thought this was not legal, but I am running into this all the time in my search for a better job. I am in my 50's, so it is an issue. Then there will be a disclaimer about "this information will not be forwarded to the hiring manager..." DUH. That is because they will never see it! It will end up in the trash. It is just frustrating. Needless to say, I don't hear back. I see questions regarding gender and race, too, but those are always optional or a box to select "I don't wish to answer".
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,105 posts, read 80,205,776 times
Reputation: 56947
All employers with at least 100 employees are required to file EEO-1 survey annually with the EEOC. Federal government contractors and first-tier subcontractors with 50 or more employees and at least $50,000 in contracts must also file.This requires that the employer accumulate race and gender data from those applying for work, but not age. Still, it's likely that they collect age data in order to have evidence to fight any future age discrimination claims, so they can show that they have hired people over age 40, or that none have applied. Here, that EEOC survey data is definitely not shared with anyone involved in the actual hiring process.
While not actually illegal (at least under federal law), it is bad practice for an employer to ask for age/date of birth on the initial application (beyond asking if you are of a minimum age for the job due to labor and other laws). If the DOB is needed for identification on a background check or for a purpose after hire (e.g. insurance, pension, taxes, etc.) then it would be an acceptable question at that point. (Same thing should apply for SS numbers by the way, but for different reasons.)
ETA: Any legal job in the U.S. requires you to complete Form I-9 (to verify you are legal to work in the country) after hire, and that form asks for your DOB, so you will always have to provide it at that time.
All employers with at least 100 employees are required to file EEO-1 survey annually with the EEOC. Federal government contractors and first-tier subcontractors with 50 or more employees and at least $50,000 in contracts must also file.This requires that the employer accumulate race and gender data from those applying for work, but not age. Still, it's likely that they collect age data in order to have evidence to fight any future age discrimination claims, so they can show that they have hired people over age 40, or that none have applied. Here, that EEOC survey data is definitely not shared with anyone involved in the actual hiring process.
I notice the EEOC gender and race questions are optional (or there is a "choose not to disclose" button). But with age, there is no such option. I just think it is wrong prior to getting an interview to have to disclose that.
While not actually illegal (at least under federal law), it is bad practice for an employer to ask for age/date of birth on the initial application (beyond asking if you are of a minimum age for the job due to labor and other laws). If the DOB is needed for identification on a background check or for a purpose after hire (e.g. insurance, pension, taxes, etc.) then it would be an acceptable question at that point. (Same thing should apply for SS numbers by the way, but for different reasons.)
ETA: Any legal job in the U.S. requires you to complete Form I-9 (to verify you are legal to work in the country) after hire, and that form asks for your DOB, so you will always have to provide it at that time.
I have no issues with that, since that would be presented while being considered for the job. But to ask a date of birth (other than asking if you are over 18) is just very wrong when you are just filling out an application.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,105 posts, read 80,205,776 times
Reputation: 56947
It’s not a big secret, when they see the graduation date, previous job dates, and see you at the interview. Most people will have a picture on LinkedIn or social media, so it seems futile to try and hide your age.
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