Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am on my second interview and I was surprised that the…

Customer Question
I am on my second...
I am on my second interview and I was surprised that the employer told me to fill out all the paperwork and return it to them before the date of my next interview.
This paperwork is as follows; date of birth, soc. number, drug screening, and background check. I have never heard of this in CA. I was a manager at one time and I do not believe in CA. they can ask for this. I am over 50 and still very young and vibrant but I am worried that if I disclose my age they will not hire me. How to counter these objectives which I believe to be inappropriate and illegal.
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
2/3/2017
Employment Lawyer: RobertJDFL, Lawyer replied 1 year ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,068
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Ask Your Own Employment Law Question
Employment Lawyer: RobertJDFL, Lawyer replied 1 year ago

Good evening,

Asking for a date of birth on an employment application is only permissible in limited circumstances, such as when an employer has an established policy of doing background checks on employees and needs it for that purpose. An employer is not permitted to ask for a date of birth for the sole reason of determining your age because the presumption will be that the employer considered your age when making the hiring decision, which would be unlawful.

The Age Discrimination in Employment Act (ADEA) protects individuals by prohibiting discrimination against those age 40 and older, and asking applicants for their DOB can subject an employer to claims under this law. Therefore, the employer should take care not to use or appear to be using the DOB in making employment or employment-related decisions. Really what they should do is only ask for DOB on the background screening form, not the application - but so long as the employer is not using the information for discriminatory purposes, it's not unlawful to ask, as I mentioned.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,068
15,068 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I feel I was age discriminated against applying for a job I
I feel I was age discriminated against applying for a job I should have been hired for which I was 100% qualified recently … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
314 satisfied customers
I want to speak to a lawyer about age discrimination in
I want to speak to a lawyer about age discrimination in hiring practices … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
963 satisfied customers
Age discrimination. Whit HS director, he listened me and
Yes, whit HS director, he listened me and said would give me a feed back but until today nothing … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about age discrimination. The possible age
The possible age discrimination was done by a person's supervisor. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Does a member of protected group in age discrimination need
Does a member of protected group in age discrimination need to include all members of the protected group in a. Complaint against an employer or can he pursue his own individual case of age discrimina… read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
314 satisfied customers
I have filed an age discrimination complaint with EEOC. The
I have filed an age discrimination complaint with EEOC. The EEOC has referred the complaint to mediation. Am I giving up any rights if I participate in mediation? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
How can I determine if I am a victim of age discrimination.
How can I determine if I am a victim of age discrimination … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Is it age discrimination when your told to look through the
Is it age discrimination when your told to look through the eyes of a milenimum as your a baby boomer? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I have an age discrimination question. can you file one even
i have an age discrimination question. can you file one even though your company replaced you with another person much younger and in the same protected bracket? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Can I file a claim of age discrimination with the EEOC and
Can I file a claim of age discrimination with the EEOC and wait 60 days to exhaust my administrative remedies before filing in federal court or do I have to file with the GCEO? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
What are the age discrimination laws of florida. I have an
What are the age discrimination laws of florida. I have an elderly person working a very physical job that is threatening me on age discrimination when I suggested that we move her to an easier positi… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
How do I file an age discrimination law suit against a
How do I file an age discrimination law suit against a company in Hawaii … read more
Ray
Ray
Lawyer
Doctoral Degree
33,031 satisfied customers
I have a question regarding possible age discrimination
I have a question regarding possible age discrimination against my employer. I am 61 yrs. old. … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,893 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
My question would relate to age discrimination. In 2010,
In 2010, when I was 70, I accepted a 40 hour full time job as Staff Accountant for a non profit organization. I actually reported to a contractor that did the agency financial work. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers
I have a question about age discrimination in hiring?
I have a question about age discrimination in hiring? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,225 satisfied customers
Age discrimination. terminated for my age. false reason for
age discrimination. terminated for my age. false reason for termination. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Question on age discrimination person has been with company
Question on age discrimination person has been with company 26 years in same position age of person 72 Engineering Dept. Last two job performance reviews negative . The last job performance review was… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,893 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x