If you are over 40 and an employer wants to know your age, do you have to answer? It seems discriminatory?

susanmarie

If you mean your current employer, they can ask if they have a need to know, but they shouldn't. This is why: anyone over 40 can file an age discrimination case against them if they feel they are, in fact, being treated differently than other employees.

You don't have to answer their question.

I would ask them why they want to know.

Sol

It depends on how they ask you. If they ask you like "Are you over the age of 18" you can definitely answer Yes or No. However, if it's asked directly than you have the choice to answer or not answer it. A simple "I decline to state", it's ok. Hope this works! Good Luck.

evilattorney

That's an illegal question regardless of your age. Don't answer it.

rtfm

You don't have to answer no matter *what* age you are. (Unless you're under 18, or over the legal age for working in your particular field or place of employment.)

tristen_85018

An employer can ask for your date of birth and social security # in order to do a credit and background screen to make sure you don't have a criminal record and that you are a trustworthy person. This is perfectly legal for them to do. On the other hand if a potential employer asked you over the phone or in an interview how old you were then this is illegal questioning. Also some positions require you to be over a certain age in order to perform the duties (like serving alcohol, or driving) and so it is necessary to determine your age. As long as you can perform the duties for the position(lifting, driving, etc.) than your age shouldn't matter. If you get the feeling they are not wanting to hire you because of your age you can contact the EEOC. See the information below.

The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance. The Act, which applies to all ages, permits the use of certain age distinctions and factors other than age that meet the Act's requirements. The Age Discrimination Act is enforced by the Civil Rights Center.

The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC). Pre-Employment Inquiries-
The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA.

EEOC's representatives are available to assist you between 8:30 a.m. and 5:30 p.m. Eastern Time. An automated system with answers to frequently asked questions is available on a 24-hour basis. You can reach EEOC:

By phone:
1-800-669-4000

By Email:
Please include your zip code and/or city and state so that your email will be sent to the appropriate office.
info@eeoc.gov

By mail or fax:
Please contact the appropriate field office:
EEOC Field Office List and Jurisdictional Map
EEOC Headquarters is located at:
U.S. Equal Employment Opportunity Commission
1801 L Street, N.W.
Washington, D.C. 20507
Phone: (202) 663-4900
TTY: (202) 663-4494

Hope this helps. GOOD LUCK!

Debra G

If you mean that someone is interviewing you for a job, and they ask your age, that is an illegal question. The problems is, if you are in an interview, although the employer is not supposed to ask that question, they often do...what do you say...if you refuse, the interviewer may see you as a trouble maker, or someone that won't cooperate. If you answer, they may see you as too old for the position they are hiring for.

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