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Of course it's absolutely illegal to ask the age/race/gender/religion and all the other categories protected under EEOC guidelines in job interviews and prior to hiring. State Departments of Labor also usually note this issue on their websites. On applications as well. Noting that there are exceptions in some categories, as noted by Trackwatch above. Now of course some of these categories can be figured out from the resume, obviously; age from graduation date, gender is self evident from the name, name can also reveal ethnic background. Applicant address on a resume can give clues as to race and ethnicity because many neighborhoods are still "redlined" ( segregated) - you have "rich" areas and you have those considered "low income". The reality is that for those who really want to discriminate with the hiring of any protected or non-protected category, they have several opportunities do so, even if they don't ask the illegal questions. Their blanket-cover-all excuse is "we found a better candidate" or "we found someone who was a 'better fit' ". Proving discrimination is not an easy thing in the application and hiring process.
So anybody who insists that it is NOT illegal to ask those particular questions (outside of the exceptions listed/noted) has been living under a rock for the last 20 years, or maybe "home schooled" or living in another country. Or maybe is a troll.
I think you are mistaken about the legality of asking for that information on a job application.
Although it says the data collected during "pre-employment" should be job related, it says only asking about disabilities is expressly prohibited.
If it were illegal, thousands of employers, including major companies that do business with the feds (and subject to more scrutiny) would not ask for that information.
It becomes illegal if someone is not hired because of their age, gender, etc.
Of course it's absolutely illegal to ask the age/race/gender/religion and all the other categories protected under EEOC guidelines in job interviews and prior to hiring. State Departments of Labor also usually note this issue on their websites. On applications as well. Noting that there are exceptions in some categories, as noted by Trackwatch above. Now of course some of these categories can be figured out from the resume, obviously; age from graduation date, gender is self evident from the name, name can also reveal ethnic background. Applicant address on a resume can give clues as to race and ethnicity because many neighborhoods are still "redlined" ( segregated) - you have "rich" areas and you have those considered "low income". The reality is that for those who really want to discriminate with the hiring of any protected or non-protected category, they have several opportunities do so, even if they don't ask the illegal questions. Their blanket-cover-all excuse is "we found a better candidate" or "we found someone who was a 'better fit' ". Proving discrimination is not an easy thing in the application and hiring process.
So anybody who insists that it is NOT illegal to ask those particular questions (outside of the exceptions listed/noted) has been living under a rock for the last 20 years, or maybe "home schooled" or living in another country. Or maybe is a troll.
Sometimes I don't know why I bother. I am neither a troll nor "home schooled [sic]" nor a foreigner nor have I lived under a rock for any amount of time. I am actually an employment lawyer, so you would think that I would know what I am talking about (please note that I'm not providing legal advice on this board).
It is certainly illegal not to hire someone on the basis of their sex/race/age (there are limited exceptions). It is not, however, illegal to ask someone their sex/race/age in an employment application under federal law. It is also fine to do that under the laws of the states that I am aware of. Asking about sex/race/age and making decisions on that basis is a nuance that apparently escapes many people.
We are discussing the "asking" and "having on an application". What is on the mind of an employer when they "hire" is another issue altogether. One cannot prove what was "on their mind" unless you send out 50 people from the EEOC or other similar agency and have them "pose as candidates". Then it's possible to "assess" whether that particular employer hires blacks or people 40 and over, or not, as long as the 50 subjects all have equal qualifications.
You're still wrong and there's plenty of information to prove that. I don't care if you're a lawyer or a judge in the U.S. Supreme. Sorry..
....Oh, and yes, which State, County and local Bar Association do you belong to and in which state? We have people on this forum board who swear they're rocket scientists and the next Einstein....
We are discussing the "asking" and "having on an application". What is on the mind of an employer when they "hire" is another issue altogether. One cannot prove what was "on their mind" unless you send out 50 people from the EEOC or other similar agency and have them "pose as candidates". Then it's possible to "assess" whether that particular employer hires blacks or people 40 and over, or not, as long as the 50 subjects all have equal qualifications.
You're still wrong and there's plenty of information to prove that. I don't care if you're a lawyer or a judge in the U.S. Supreme. Sorry..
Mystique don't even bother. Its a lost cause with some people here.
It is not, however, illegal to ask someone their sex/race/age in an employment application under federal law. It is also fine to do that under the laws of the states that I am aware of. Asking about sex/race/age and making decisions on that basis is a nuance that apparently escapes many people.
At a previous job we were redesigning the employment application and the lawyers freaked out about the space for DOB, other date questions where removed too, may have been a CYA deal I wasn't in a position to question it. Yes, there are exemptions where age and gender are qualifiers in-and-of-themselves for the job.
Not really difficult to figure out age anyway ... HS graduate, college graduate, X years at company A, X years at company B = close estimate of current age.
I didn't encounter any application asking about how old I am.
I was just asked the birthdate.
Ummm ... Oh never mind.
I sure hope that is a joke.
Like I said; even without that it isn't too difficult to figure out a person's age within a few years.
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I have some 12 year old school kids on my block who know "what is illegal" to ask in an interview AND have on an app. <>?????
