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Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 100039
Experience:  Years of experience in running a medium sized law firm.
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Our employment positions require people to be at least 18

Customer Question

Our employment positions require people to be at least 18 years of age. During the interview process, what can we ask to ensure that they are at least 18?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
It is perfectly lawful to request a State or Federal ID. So requesting a state driver license or state ID, US Passport, or Military ID is completely lawful.
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Customer: replied 6 months ago.

I'm not sure that I agree that asking for a license in the interview process is legal.

Expert:  Ely replied 6 months ago.

I really do not know how to convince you otherwise. You asked for an expert reply, and I provided it.

It is perfectly legal to ask for ID as part of the interview process to ensure identity and majority of age, and this applies not only after someone is hired but throughout the process. There is no state or federal law that disallows this.

No one else will tell you otherwise - I guarantee.

Regardless, good luck in your hiring process.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 6 months ago.

Handing someone your license during the interview process would clearly indicate your age. An employer can't directly ask about age during the interview; asking for a license would elicit the same information that we can't directly ask for.

We don't need to talk anymore, but, you're right - I'm not convinced.

Expert:  Ely replied 6 months ago.

Val,

You are likely thinking of asking about age discrimination. See here:

https://www.eeoc.gov/laws/types/age.cfm

This applies to people 40 or older. Since you are asking to confirm if someone is 18 or older, asking for ID to confirm age is perfectly legal.

All the best.

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