Can an employer ask your age on a job application before even being considered for the position?

I applied for this company Front Office – Receptionist
Coastdental Kissimmee, FL in which in order to complete the online application,
I had to disclose my full date of birth. Is this legal? Thank you.

Asked on April 2, 2017 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legal, but unwise. The reason it is unwise is that an employer may not discriminate against an employee or job applicant because he or she is 40 years old or older. (Note: there is no protection for those younger than 40.) Therefore, if a person aged 40 or more doesn't get the job and he or she had to disclose his or her age, that may create a presumption, which the employer would have to defend against, that the candidate did not get the job due to age.


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