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

UPDATED: Aug 22, 2019

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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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