Advice for employers, at job interviews (“Interview questions you shouldn’t ask”, HRHero.com, Jun. 17, adapted from Louisiana Employment Law Letter)(via Michael at George Lenard’s).
More: reader Mark Moss comments:
The first item on the list of questions you can’t ask prospective employees is, “What is your age?” But sitting on my desk right now is a memo from HR about “I-9 Compliance Update”. The DHS requires me to show my employer documents showing citizenship or right to work in this country — either 1 from list A (e.g., a passport), or one each from list B and C (e.g., driver’s license and Social Security card).
Apparently, HR is on their honor to skip over the date of birth listed on these documents.
And: George Lenard writes in to say:
Regarding the above observation, as I noted in our comments section, there is a distinction between illegal and unwise questions.
ASKING about age when it’s irrelevant is a red flag, smoking gun or whatever, not to mention divisive. (Response: “What’s it to you, youngster? How old are YOU, son?”).
KNOWING about age incidentally, whether from passport, birth certificate, drivers license, or gray hair, wrinkles, and baldspot, is inevitable at some point. I’d look to keeping such information out of the early screening process at least, so the early rejects can’t claim age discrim (OK, you and I both know they can CLAIM and SUE for anything whatsoever; I’m talking about doing so without confronting a strong defense — employer’s ignorance.)