What recourse do I have if I have refused to answer illegal questions on an application for employment?
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What recourse do I have if I have refused to answer illegal questions on an application for employment?
Recently, I entered a place of business and asked if they were accepting resume’s. I was handed a clipboard with an application for employment and told to fill it out in entirety before my resume would be accepted. The application was one page, very basic. On the first part of the application my date of birth was requested. I left it blank, as I do know that is illegal to ask. I left this portion blank. Further down my SSN was requested. I printed in this space,
Asked on August 8, 2017 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can't do anything about it. The employer is legally allowed to ask for birth date and SSN (neither is prohibited by law), so that they have the information they would need, if necessary or appropriate, to do a background check. (By the way, it is NOT illegal to ask for birthdate; it is illegal to discriminate on account of age, but a bar against discrimination does not prohibit collecting information about age.)
Employment is employment at will, and that works both ways: any employer may ask for any information not legally prohibited, and refuse to hire or even consider someone who will not provide it; and any prospective employee who finds the questions inappropriate or offensive can refuse to fill them out and walk away from the opportunity.
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