As a manager am I legally allowed to ask the question, “Why aren’t you earning more at your age?” during a job interview?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
As a manager am I legally allowed to ask the question, “Why aren’t you earning more at your age?” during a job interview?
It was brought to my attention that this may be a discriminatory question to ask.
Asked on May 5, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Any age-related questions may be discriminatory. Federal law, as well as the law of many states (such as your own) make it illegal to discriminate against an employee or prospective employee because they are--or the employer believes they are--more than 40 years old. If you inquire into someone's age and they don't get the job, if they feel they were qualified, they may try to sue you for age-related discrimination. Even if you ultimately win (can show there was some non-age reason for the choice not hire), you'll still have the cost and trouble of a lawsuit. It is best to simply never discuss age, even indirectly.
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.