What recourse do I have if I have refused to answer illegal questions on an application for employment?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 3 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption