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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I am applying for a job in California with a company that is

Resolved Question:

I am applying for a job in California with a company that is based in Greenwich, Connecticut. I filled out a basic job application online before my first interview. After my second interview, I received a request to fill out more information on the online application. The application required that I put down my birth date. Using a drop down box, the years available to choose from ended before by birth date. I am not able to go onto the next sections without filling this out. How do I handle this?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

It is typically illegal for employers to request an applicant's date of birth before submitting an offer of employment to the applicant. Because of that, I would not complete that portion of the application requesting the year of birth.

You may also wish to report this issue to the CA Fair Employment and Housing Commission, which has the authority to investigate allegations of age discrimination.

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Customer: replied 5 years ago.
Thank you for your response. I do need further clarification. I am not able to complete the online form without filling out the birth date. It appears I will have to call HR to discuss. What is your suggestion?
Expert:  Tina replied 5 years ago.
Yes, I would call the HR department, but not tell them your DOB does not appear on the form. Instead, I would tell them that under the ADEA, they should not be requesting an applicant's age. If you tell them your age, you are not likely to get the job since they may have intentionally omitted older birth years.

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