Is it legal for companies to ask what year you graduated OR a birthdate

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Comments (17)

Wes Mantooth in Silver Spring, Maryland

41 months ago

catlover in Corpus Christi, Texas said: I just know the reason they ask what year you graduated is to figure out your age AND I had one yesterday that I was filling out on line with a school district asked for my birthdate saying it was required for a background check.

When you fill these out online, they are required fields so if you don't want to give that info., tough luck.

But is this legal?? It doesn't seem legal.

Why in the sam hill WOULDN'T it be legal? Is it illegal to ask for your full name? Your address? Your educational background?

It's illegal to discriminate based on age, not to ask for date of birth. I think that's where the confusion is. But good luck trying to prove you didn't get hired solely because of your age.

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catlover in Corpus Christi, Texas

41 months ago

Wes Mantooth in Silver Spring, Maryland said: Why in the sam hill WOULDN'T it be legal? Is it illegal to ask for your full name? Your address? Your educational background?

It's illegal to discriminate based on age, not to ask for date of birth. I think that's where the confusion is. But good luck trying to prove you didn't get hired solely because of your age.

ok, you don't get it. what does asking for your name and educational background have to do with age discrimination. My point is that is how they find out exactly how old you are before even meeting you and interviewing.

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John in Catonsville, Maryland

41 months ago

Actually, it has been well documented during this depression that employers DO, indeed discriminate against the older worker. And, it is illegal.
jobsearch.about.com/od/interviewsnetworking/a/illegalinterv.htm

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ANON in Roswell, Georgia

41 months ago

Hopefully - with the countless discriminatory practices being brought to light with online applications (age, credit check, disability, race, employment status)- laws are being initiated and instituted in at least 5 states as of 2011.

The enforcement of said laws cannot and will not be enforced unless companies who practice these types screening and confidential information collections are exposed.

You know the surveys and agreements to divulge your personal information for the purposes of a background check? They do NOT need this and it is illegal to ASK for this as a condition of application consideration until you have been INTERVIEWED in the states that prohibit such information gathering.

The companies who deal with health related services and expect employees to adhere to strict HIPPA laws are the same companies who have NO PROBLEM requiring your personal information PRE INTERVIEW - such as online pre employment surveys & background check and credit check information. If you provide this information, there is NO promise in place to protect your personal information is not sent to the hiring company. There is NO offer of protection of your information. The information they collect can be held onto indefinitely. Information protection is only as good as the company hired to guard your personal information. Identity theft is a serious problem and medical related companies should REALIZE they are not exempt from HIPPA regulations and EEOE hiring practices simply because a law is not yet in place to protect the prospective employee.

Take screenshots and forward them to the HR with a CC to your lawyer. Report any company that asks for birthday - even if under the cover of BACKGROUND check by another party when completing your online application. Asking for SS # and employee hiring "surveys" that target potentially discriminatory information should be brought to the EEOE dept. Contact your legislators as well.

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catlover in Texarkana, Texas

41 months ago

ANON in Roswell, Georgia said: Hopefully - with the countless discriminatory practices being brought to light with online applications (age, credit check, disability, race, employment status)- laws are being initiated and instituted in at least 5 states as of 2011.

The enforcement of said laws cannot and will not be enforced unless companies who practice these types screening and confidential information collections are exposed.

You know the surveys and agreements to divulge your personal information for the purposes of a background check? They do NOT need this and it is illegal to ASK for this as a condition of application consideration until you have been INTERVIEWED in the states that prohibit such information gathering.

The companies who deal with health related services and expect employees to adhere to strict HIPPA laws are the same companies who have NO PROBLEM requiring your personal information PRE INTERVIEW - such as online pre employment surveys & background check and credit check information. If you provide this information, there is NO promise in place to protect your personal information is not sent to the hiring company. There is NO offer of protection of your information. The information they collect can be held onto indefinitely. Information protection is only as good as the company hired to guard your personal information. Identity theft is a serious problem and medical related companies should REALIZE they are not exempt from HIPPA regulations and EEOE hiring practices simply because a law is not yet in place to protect the prospective employee.

Take screenshots and forward them to the HR with a CC to your lawyer. Report any company that asks for birthday - even if under the cover of BACKGROUND check by another party when completing your online application. Asking for SS # and employee hiring "surveys" that target potentially discriminatory information should be brought to the EEOE dept. Contact your legislators as well.[/QUOTE

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catlover in Texarkana, Texas

41 months ago

what are those 5 states??

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Bluetea in Texas

41 months ago

It is legal. What is illegal is making a hiring decision based on that information.

The dilemma is proving it. Drunk driving is illegal but only if you are caught.

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Dandy in Dallas, Texas

19 months ago

Wes Mantooth in Silver Spring, Maryland said: Why in the sam hill WOULDN'T it be legal? Is it illegal to ask for your full name? Your address? Your educational background?

It's illegal to discriminate based on age, not to ask for date of birth. I think that's where the confusion is. But good luck trying to prove you didn't get hired solely because of your age.

It's like asking what RACE you are or what your RELIGION is. Why would they need to know that? Age discrimination is VERY REAL. They shouldn't be allowed to even ask the age. If it didn't matter.

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Dandy in Dallas, Texas

19 months ago

Bluetea in Texas said: It is legal . What is illegal is making a hiring decision based on that information.

The dilemma is proving it. Drunk driving is illegal but only if you are caught.

How would anyone know if they didn't the the person because of their age. They sure as heck wouldn't admit that now would they? It's like not admitting going someone because they are black or a women or what have you.

Do you guys really trust that these folks won't lie? Or that they won't consider age on an application? Really?

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Dandy in Dallas, Texas

19 months ago

Wes Mantooth in Silver Spring, Maryland said: no YOU don't get it. why would knowing how old you are be illegal? you're assuming that everyone discriminates based on age.

Why would a person need to even ask how old a person was if it didn't matter? That doesn't make sense now does it?

If something doesn't matter, why even ask it? And make it required on applications. I've filled out applications where you can't skip that. I'm thinking about running for congress just to introduce a bill to make that illegal.

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barbr1117 in Garner, North Carolina

17 months ago

Wes Mantooth in Silver Spring, Maryland said: no YOU don't get it. why would knowing how old you are be illegal? you're assuming that everyone discriminates based on age.

Ok maybe it is not age discrimination so and I am sure that I will never be able to prove this but I have filled out 53 not exagerating with an organization( different branches) All ask for birthday date, month year. I am well educated never got fired, nothing on my background, model citizen I have not had ONE interview. Ummm wonder why?

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barbr1117 in Garner, North Carolina

17 months ago

Dandy in Dallas, Texas said: Why would a person need to even ask how old a person was if it didn't matter? That doesn't make sense now does it?

If something doesn't matter, why even ask it? And make it required on applications. I've filled out applications where you can't skip that. I'm thinking about running for congress just to introduce a bill to make that illegal.

I want to at least introduce it as a prospective bill, because really it opens the door to allow those who would have second thoughts on hiring because they think that a person is too old.

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Bluetea in Texas

17 months ago

barbr1117 in Garner, North Carolina said: Ok maybe it is not age discrimination so and I am sure that I will never be able to prove this but I have filled out 53 not exagerating with an organization( different branches) All ask for birthday date, month year. I am well educated never got fired, nothing on my background, model citizen I have not had ONE interview. Ummm wonder why?

Hooters never called you back? Me neither.

It is age discrimination but you'll never prove it.

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barbr1117 in Garner, North Carolina

17 months ago

catlover in Texarkana, Texas said:

What are those states? Not only do I think that there is age discrimination in my state, I am convinced that I have not had an interview by this organization because of my race. 53 applications not one interview and not even the courtesy of saying that the job has been filled by most of them. Matter of fact only 5 told me that the job had been filled. All of the others did not even give a response. I have a record of all the application.Fortunately from me they have a tracking system in place where I can see if they have filled or the status of my application. I don't want ANY HANDOUTS. I just want to be treated fairly where I am given the opportunity to at least interview for the position (fairly interviewed).

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JMW in Hightstown, New Jersey

9 months ago

Actually, it is not illegal to ask for graduation dates on an application. If you really want to "figure out" the person's age, you can just check the birth date on the application.

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EndlessJoy in Atlanta, Georgia

9 months ago

Some companies are stating that they use this information to see if they will be eligible for certain tax credits. So they ask for the sensitive information you have stated plus how long you've been unemployed and whether you are receiving federal assistance, like food stamps, etc.

Oh and also to do a background check if you are being considered.

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Toni in Vincentown, New Jersey

9 months ago

Age/date of birth: Generally, age is considered not to be relevant in most hiring decisions, and therefore, date of birth questions are improper. The Age Discrimination in Employment Act protects employees 40 years old and above. It is permissible to ask an applicant to state his or her age if it is less than 18. Internal uses of date of birth for computations with respect to a pension or profit-sharing plan, this information can be obtained after the person is hired.

Never give your ss# on an application unless you are for sure one of the people they are interested in hiring. Advise the employer that you will be happy to supply this information, if being presented with a job offer.

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