Consent to background and drug testing on application
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Consent to background and drug testing on application
I filled out an application today for an HR generalist. At the end of the application process, it asked me for my birthday year included, driver’s license, and SSN. From there I had to consent to a background check and drug screen. Is it legal for this company to ask me for this personal information? Once I submitted the application, I already felt like I could be discriminated against, I am female and over the age of 40. There was even an option for me to download my picture, which I opted out of. Is it legal to ask for all of this personal information prior to getting an offer letter?
Asked on February 15, 2018 under Employment Labor Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, it is legal to ask for this information pre-offer letter, but can be risky--at least in regards to the age-related information (not the SSN or proof of a driver's license)--for the employer. The law does not prohibit getting information or asking about an employee's age: it prohibits discriminating against (e.g. not hiring) an employee age 40 or above due to his or her age. Therefore, having the information does not make them liable, only actually discriminating does. The reason it is risky for them is that if you do not get the job and they have your age, then if they cannot show some other, non-age-based reason for not hiring you (e.g. you lack certan required experience or credentials), it can appear that they did in fact discriminate due to your age.
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