PLEASE can someone cite me facts on whether or not you can ask for DOB on an application????

Question

I am getting 10 No's and 10 Yes's!!!! Does anyone know where I can find out? How about that?

Answer 1

Simple fact. It is illegal to discriminate based on age based on Title VII of the Civil Rights Act of 1964. No where in the act does it preclude asking for your date of birth on an employment application.

An interviewer may not ask your age, your date of birth or the ages of your children. S/he may not ask: "What grades are your children in?" S/he may ask: "Are you over 18 years old?"

Under the Age Discrimination Act of 1967, there is no prohibition against asking for date of birth or age. That is a common misconception among employers. In fact, the EEOC has specifically ruled that asking for date of birth or age is not a violation of the act. However, the EEOC ruling indicated that any such request would be closely scrutinized to ensure that it is for a permissible purpose. The EEOC also indicated that the reason for asking for date of birth should be clearly disclosed. (See 29 Code of Federal Regulations Part 1625.)

Therefore, there is no prohibition against obtaining date of birth or age for screening purposes, as long as the reason is clearly disclosed to the applicant and the information is not used for selection purposes.

Read it for yourself in the Federal Register, / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules, PART 1625—AGE DISCRIMINATION IN EMPLOYMENT ACT, Subpart A—Interpretations, paragraph § 1625.5 Employment Applications.

Answer 2

You cannot, That would be age discrimination. You can only ask if they are over 18. Do a yahoo search on federal employment laws. That would be like asking if they are black or white. Too many people over 50 are discriminated against when looking for work. If you hire someone, they have to supply you with a ss card at the minimum. If they lied about being over 18 you will find out then.

Answer 3

That it considered identifying information and demographic data. It can be asked. Most jobs have age requirements for varous reasons.

However an employer cannot discriminate because of age if a person is between 18-70 if they are otherwisw qualified. That is a US labor law.

But asking your DOB is legal and reasonable.

Check out the Dept of labor web site fopr more info.

Answer 4

It is not illegal to ask for age on an application. its needed for tax purposes should you get hired. and also some jobs require that you be a minimum age in order to be hired (ie a cashier in an adult store; working at a bar; being in an adult film etc). When you get hired, you will be providing your 'age' anyway, because for W2 forms, your employer is required to obtain two forms of identification from you (which show your age anyway)

however, the employer cannot use your age as a reason to deny you employment (unless again, its for a job that has a minimum age requirement)

Answer 5

It is illegal to discriminate against someone based on age when hiring them, so smart employers will not ask this question during the hiring process, for fear that a rejected applicant will sue them.

But..

If you are hired, you will definitely, positively, absolutely, have to give your date of birth. It is required on federal form I-9 for citizenship verification and you will be required to produce documentation proving you are who you say you are. That documentation, such as a driver's license, will have your date of birth.

Answer 6

Well it is agaisnt the law to not hire someoen on the basis of age, race, sex, religion...according to the civil rights act (look up civil rights act) For that reason you can't ask someoen's age, race, sex or religion on an application so there would be no bias.

I have taken three human resource management classes, and I know from them that you can't ask someone for your age on an application.

If you want to knoww....a good way is to have year of highschool completed...that is allowed!

Answer 7

Work application? Yes.
There are other applications, ie. volunteer, etc. where DOB is not appropriate.

It is for IRS purposes.

Hope this helps.

Answer 8

Try this site out it should help with general legal questions. I hope it helps you out.

http://www.findlaw.com/