Can a potential employer ask your age dob inlcluding year in an employment assessment?

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Can a potential employer ask your age dob inlcluding year in an employment assessment?

Recently applied for a position and an assessment was sent asking my date of
birth including the year. Is this a legal question a potential employer can ask?

Asked on August 22, 2019 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The question is legal: discriminating based on your answer may not be. It is discriminating against people age 40 or older due to their age that is legal, and if you are 40 or older, do not get the job, and believe that might have been because of your answer about your age, you should contact the EEOC: you may have an illegal discrimination claim. But if you are under 40, you are not protected; or if you are over 40, but do not get the job for an unrelated reason (e.g. another candidate got the job who had  more experience or better credentials), there is no claim or cause of action. So the question is not illegal, but if it is used to discriminate against someone age 40 or more, that is illegal.


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