Is it illegal to ask a volunteer for their birthdate on a contact form

UPDATED: Oct 1, 2022

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Is it illegal to ask a volunteer for their birthdate on a contact form

I work for a community theater and we use a person’s date of birth to determine
their eligibility for auditions e.g. whether to send them information for a
children’s show or not. I was told it is illegal for us to ask for their date of
birth on an online audition form. Please advise.

Asked on September 6, 2018 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is not illegal. You cannot discriminate in employment based on a person being age 40 or older, which makes asking for their birthday on an employment application very problematic--while simply inquiring into age is not automatically illegal, if an older person were not hired, a common inference would be that it was due to his/her age. Therefore, for employment, it is very unwise to ask about age.
But you question indicates that you asking volunteers for "community theatre." If they are not paid for performing and this is not employment, there is nothing illegal about this.

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 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.

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