Is it illegal to be asked how old you are in a job interview?

michr

it is NOT illegal to ASK age
it IS illegal to make an employment decision of any kind based SOLELY on the age of the applicant or employee if they are 40 or older.
generally employers will ask if the applicant is 18 or older due to child labor laws and scheduling issues that relate to them as well as concerns of age requirements for some types of jobs.

EDIT:
this is from the EEOC website:
"Pre-Employment Inquiries
The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth."
http://www.eeoc.gov/types/age.html

questions are not illegal
what is done with the answers and decisions made based on the answers are what is illegal.
because it is hard to prove intent and disprove claims of age bias the question is best not asked but it is legal to.

I Buy And Sell Houses

Generally, no.

However, it is against the law to discriminate against older people because of their age. So, it's OK for a job application to ask for a birthdate. However, if the applicant then fails to get the job, the applicant can attempt to argue that he/she was a victim of age discrimination.

At the other end, employers can make their own decisions about whether they want to hire 18 year olds, or 21 year olds, or whatever. And sometimes there are legitimate grounds for discrimination. For instance, if state law requires that someone be 21 in order to serve alcohol and you're only 19, then the employer can decide not to hire you as a bartender or waiter/waitress. Or if you're going to be driving a vehicle for the employer, the insurance coverage may restrict drivers to a certain age--over 21, or over 24, for instance.

If asked your age, you can always politely counter, "Can you tell me why you'd like to know?" Then make your decision.

leysarob

You can be asked your age -- especially if your age would be relevant to the type of work for which you are interviewing. However, unless your age IS relevant for the position, it can't be used against you in the hiring process. Typically then it's not a good question for an interviewer to ask, unless the age of the worker must over a certain age due to legal restrictions.

Melissa

No. Some jobs require that you be a certain age-- serving alcohol example. Age can also be relevant to the amount of experience you might have. It is illegal to discriminate against a person in hiring because of their age. This is more typically related to people who don't want to hire older workers. They must have your date of birth for tax purposes and to confirm that you are legally able to work in the U.S. as well.

Hope this helps!

Jazzy W

I think it is illegal because they are interviewing you and they don't need to know your age they just need to know if your qualified to do the job all they really need to know is if your 16 or18 and older.

Paul in San Diego

Depends on what they're asking. They have the right to verify that you're over 18 or, in the case of a bartender, that you're over 21. But, for them to ask your age in general is illegal. That is, they can't use that as part of their hiring criteria when choosing one candidate over another.

george 2

its true. it is illegal to ask. but they get around that by asking for your drivers license or id to prove who you are or for other reasons.

hr4me

Yes, it's illegal to ask someone their age during an interview. They can ask you if you are over 18 or over 21, but not your date of birth.

Realize though that if you put down what year you graduated from high school or college someone can guestimate how old you are.

Tax Lady

Yes.

John T

Yes, if it leads to age discrimination.

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