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Online Job Application Requesting a Complete Birthday
Posted by: kap
Date: August 29, 2017 05:30PM
I am talking about DD/MM/YYYY format. I have seen others solely asking for DD/MM. Isn't the former illegal? Any HR people here?



SoCal for now.



Edited 2 time(s). Last edit at 08/29/2017 05:31PM by kap.
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Re: Online Job Application Requesting a Complete Birthday
Posted by: JoeH
Date: August 29, 2017 05:37PM
Yes, the former is illegal as it would allow discrimination by age. About the only legal questions on an application form related to age would be something like "Are you 16 or older" if there was a law requiring a minimum age for certain jobs. Same for some driving jobs were as I recall you need to be 19 to get a CDL.
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Re: Online Job Application Requesting a Complete Birthday
Posted by: bik
Date: August 29, 2017 05:44PM
No, it's not illegal.

IDK... Maybe it varies by state, but it's certainly not illegal everywhere.

It would be illegal for an employer to discriminate against you based on your age, but not to ask date of birth.

Most employers would probably tell you the purpose is part of confirming identity for background checks.

Edit:
[www.shrm.org]



Edited 1 time(s). Last edit at 08/29/2017 05:46PM by bik.
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Re: Online Job Application Requesting a Complete Birthday
Posted by: kap
Date: August 29, 2017 05:48PM
Quote
JoeH
Yes, the former is illegal as it would allow discrimination by age. About the only legal questions on an application form related to age would be something like "Are you 16 or older" if there was a law requiring a minimum age for certain jobs. Same for some driving jobs were as I recall you need to be 19 to get a CDL.

[www.career-edge.net]



SoCal for now.
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Re: Online Job Application Requesting a Complete Birthday
Posted by: Filliam H. Muffman
Date: August 29, 2017 06:04PM
Quote
bik
Edit:
[www.shrm.org]

I can't see the link, it asks me to log in.



In tha 360. MRF User Map
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Re: Online Job Application Requesting a Complete Birthday
Posted by: bik
Date: August 29, 2017 06:28PM
Quote
Filliam H. Muffman
Quote
bik
Edit:
[www.shrm.org]

I can't see the link, it asks me to log in.

That's weird. I guess google snuck me through their wall.

Try googling - "shrm is it illegal to ask age"

Or, what it said is:

There is no law that prohibits an employer from asking date of birth (DOB) from an applicant or employee. It is how the employer uses that information that is important. 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 will want to take care not to use or appear to be using the DOB in making employment or employment-related decisions.

Your background check vendor will probably confirm that the DOB is required to facilitate the most effective background check. Please consider these ideas for reducing the employer's exposure in requesting the DOB for the purpose of running background checks:
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Re: Online Job Application Requesting a Complete Birthday
Posted by: space-time
Date: August 29, 2017 06:35PM
When I get resumes from European applicants, they often include a portrait picture, place and DOB.
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Re: Online Job Application Requesting a Complete Birthday
Posted by: kap
Date: August 29, 2017 08:09PM
Quote
bik
Quote
Filliam H. Muffman
Quote
bik
Edit:
[www.shrm.org]

I can't see the link, it asks me to log in.

That's weird. I guess google snuck me through their wall.

Try googling - "shrm is it illegal to ask age"

Or, what it said is:

There is no law that prohibits an employer from asking date of birth (DOB) from an applicant or employee. It is how the employer uses that information that is important. 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 will want to take care not to use or appear to be using the DOB in making employment or employment-related decisions.

Your background check vendor will probably confirm that the DOB is required to facilitate the most effective background check. Please consider these ideas for reducing the employer's exposure in requesting the DOB for the purpose of running background checks:

No laws can stop employers from discriminate based on age, gender, etc. There is always a way to prejudice.



SoCal for now.
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Re: Online Job Application Requesting a Complete Birthday
Posted by: bik
Date: August 30, 2017 12:45AM
Quote
kap
No laws can stop employers from discriminate based on age, gender, etc. There is always a way to prejudice.

Ok...
I'm not defending anybody -- just answering the question.

But, if you feel this way, why do you even ask/care if it's illegal?

As you state, if a company close to discriminate, they'd find a way to do it. They could ask what year you graduated high school. Or they could just look at you and make a judgement.
Then, its up to you to prove it.
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Re: Online Job Application Requesting a Complete Birthday
Posted by: cbelt3
Date: August 30, 2017 09:11AM
Ugh. Interviewing in a corporation is a MESS.... We send managers to 'interviewing classes' so they know what questions to not ask. But then we send candidates to other people to interview.. people who have no idea. And ask... religious questions. Reproductive questions. Racial questions. And despite my company losing a couple of $M lawsuits in the last few years, they STILL don't plug the knowledge gap.

Your age in an online application ? Ok, fine, there is some BS answer. But if the interviewing managers have that information on their sheets, there is a problem. You can't claim lack of bias if you have the information right there.
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Re: Online Job Application Requesting a Complete Birthday
Posted by: kap
Date: August 30, 2017 11:16AM
Quote
bik
Quote
kap
No laws can stop employers from discriminate based on age, gender, etc. There is always a way to prejudice.

Ok...
I'm not defending anybody -- just answering the question.

But, if you feel this way, why do you even ask/care if it's illegal?

As you state, if a company close to discriminate, they'd find a way to do it. They could ask what year you graduated high school. Or they could just look at you and make a judgement.
Then, its up to you to prove it.

I am not picking on you. Pardon if it came across as such. It's just frustrating.

----
cbelt3,

Based on HS and college graduation date, simple math will come up with an age range. I have been trying to break into the healthcare industry whereas age/experience is most likely considered a valuable asset.



SoCal for now.
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Re: Online Job Application Requesting a Complete Birthday
Posted by: 3d
Date: August 30, 2017 11:47AM
Quote
space-time
When I get resumes from European applicants, they often include a portrait picture, place and DOB.

How do you feel about that?
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Re: Online Job Application Requesting a Complete Birthday
Posted by: rjmacs
Date: August 30, 2017 12:17PM
It is not illegal to leave an entry blank on an application, and ask about it in the interview.

Do you really want to work somewhere you don't get an interview because you didn't fill out a DOB entry?



rj
AKA
Vreemac, Moth of the Future
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Re: Online Job Application Requesting a Complete Birthday
Posted by: space-time
Date: August 30, 2017 09:48PM
Quote
3d
Quote
space-time
When I get resumes from European applicants, they often include a portrait picture, place and DOB.

How do you feel about that?

I find it unusual.
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Re: Online Job Application Requesting a Complete Birthday
Posted by: kap
Date: August 30, 2017 09:53PM
Quote
space-time
Quote
3d
Quote
space-time
When I get resumes from European applicants, they often include a portrait picture, place and DOB.

How do you feel about that?

I find it unusual.

No different than allowing potential employers to access your LinkedIn account.



SoCal for now.
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Re: Online Job Application Requesting a Complete Birthday
Posted by: $tevie
Date: August 30, 2017 11:07PM
I'm not sure Date of Birth makes much of a difference in whether or not someone is discriminated against due to age.

Obviously a person whose Masters Degree in Public Relations was awarded in 1976 with a resume listing 40 years of experience is older than the person whose Masters Degree in Public Relations was awarded in 2009 with a resume listing 7 years of experience. Simple math can guide HR people to where they want to be.



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