If an employer requires an applicant to give his or her date of birth, what recourse can the applicant take?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If an employer requires an applicant to give his or her date of birth, what recourse can the applicant take?
What agency can I report a violation of the Age Discrimination in Employment Act when an employer requires an applicant to give his date of birth?
Asked on April 20, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Technically, it is discrimination on the basis of age against those who over 40 that is illegal--not inquiring about age per se. Of course, inquiring about a job applicant's age is often a sign or symptom of age discrimination and can support a finding a age discrimination if a 40+ applicant is denied a job. If you are over 40 and feel you have been discriminated against, contact the CA Department of Fair Employment and Housing. However, if you are less than 40 and/or were not denied employment on what may be an age-related basis, you did not suffer a cognizable injury.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.