If an employer requires an applicant to give his or her date of birth, what recourse can the applicant take?

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If an employer requires an applicant to give his or her date of birth, what recourse can the applicant take?

What agency can I report a violation of the Age Discrimination in Employment Act when an employer requires an applicant to give his date of birth?

Asked on April 20, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Technically, it is discrimination on the basis of age against those who over 40 that is illegal--not inquiring about age per se. Of course, inquiring about a job applicant's age is often a sign or symptom of age discrimination and can support a finding a age discrimination if a 40+ applicant is denied a job. If you are over 40 and feel you have been discriminated against, contact the CA Department of Fair Employment and Housing. However, if you are less than 40 and/or were not denied employment on what may be an age-related basis, you did not suffer a cognizable injury.


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