Being asked about your age during an interview?

So you go in for a job interview, and the hiring manager asks about your age. Is that a standard question? Can your employer ask about things like medical conditions, sexual orientation, family status, or age? If these questions cloud your head, you're in the right place. Often, employers may ask about your age in a job interview. But is that permissible? This guide explains whether or not employers can ask about your age and what you can do if they do.

Can employers ask your age?

Legally, employers and hiring managers are able to ask applicants their age. However, due to the Age Discrimination in Employment Act (ADEA), they are not allowed to then discriminate against them based on the information shared. The ADEA protects employees over the age of 40 from being discriminated against during hiring and discharge. It also protects them during employment, making sure they are treated fairly during promotion rounds and in discussions regarding compensation and the terms and conditions of their employment. In short, employers can ask about your age on a job application or during an interview. If you are concerned that your age may be a factor in whether or not you are offered a job, you may want to speak with an experienced employment discrimination attorney. Some job seekers are concerned that their age may work against them when applying for jobs. Age discrimination is a genuine concern, but there are laws to protect applicants from being discriminated against because of their age. It's best to get legal advice if you think you're facing age bias in the workplace. As you can see in this graph, nearly 95% of older employees experience workplace ageism. Meanwhile, 75% of the older workforce faces difficulty finding a job due to their age.

When can employers ask your age?

Employers can ask an applicant’s age if they genuinely need this information to fulfill a role requirement. For example, they may need to ensure you are over the legal minimum working age in your country. However, if an employer asks your age when they do not need this information, this could be discrimination and may be considered an inappropriate question, depending on your state's laws. Sometimes, employers ask age to conduct background checks for positions that require a specific level of maturity. If an employer requires all applicants to complete a background check and asks your age as part of this process, this is generally not considered discrimination. If you're not comfortable sharing your age with an employer, you can try to deflect the question or explain why you don't think it's relevant to the position you will fill.

How do employers use this information?

Typically, employers ask your age as a standard part of the hiring process. They're merely following protocol and may not intend to discriminate against you. However, some employers may use your age as a factor in their hiring decisions. For example, they may believe that younger workers are more likely to be innovative and energetic while older workers are more experienced and dependable. If an employer uses your age as a deciding factor in whether or not to hire you, it may be considered age discrimination. It is particularly true if the employer only hires workers within a specific age range.

What to do if an employer asks about your age

Generally, employers don’t ask this question because it can lay the grounds for them to discriminate against someone based on age. However, some employers may ask this question to all job applicants. You can choose to answer the question if you want. But if you’re not comfortable, you don’t have to answer. So how do you do that without blowing your chance of getting the job? Respond to the question with, “I believe my age won’t be a limiting factor concerning my performance.” Then, you can list your accomplishments and explain why you’re fit for the job regardless of your older or younger age. Likewise, you can say something like, “I don’t think my age should be a concern. I possess the skills and experience needed for this job. Plus, I’m a fast learner and willing to put in the extra work to get the job done.” Remember, your goal is to show that your age won’t limit your ability to do the job well. So focus on your skills and experience instead of your age.

What to do if you think you’re being discriminated against

First of all, you should understand what age-based discrimination means. Age bias or ageism is prejudice or discrimination against a person or group based on their age. Age discrimination is most common against older workers, but it can happen to younger people. It's against the law to discriminate against someone because of their age in many situations, including:

• Hiring, firing, promoting, or demoting someone
• Paying someone less or offering them different benefits
• Providing different training opportunities, access to facilities, or shifts
• Treating employees differently in their job because of assumptions about them based on their age Research shows that employees face discrimination in many industries even before they turn 40. Likewise, ageism is also dependent on gender. Women's resume ratings start to drop as they reach the age of 36, while men experience this when they reach 50. If you think your employer discriminates against you based on your age, the first step is to talk to your human resources department or supervisor. If they are not helpful, you can file a complaint with the EEOC, the federal agency that enforces anti-discrimination laws. Over 20,000 age discrimination cases were filed in 2020, and the number has been increasing, unfortunately. In some industries, such as banking and accounting, age bias starts as soon as employees turn 40. Report if you’re a victim of such behavior to the state labor department where you work.

Do you have to give your date of birth on a job application form?

You do not have to mention your date of birth on a job application form. However, the interviewer might ask you for your age during the interview. It is up to you whether or not you want to answer this question. If you are comfortable sharing your age, go ahead and do so. If not, you can politely decline to answer.

What is age bias?

Age bias occurs when we make assumptions about people’s capabilities based on their age. It can happen in any situation where there is an interaction between people of different ages, whether in the workplace, in social settings, or in family dynamics. Age bias can be either positive or negative. Feeling goodwill or respect towards someone because of their age is a positive age bias while feeling suspicion, resentment, or wariness towards someone because of their age is a negative age bias. This could be making assumptions about what an older person can or cannot do or offering different benefits or opportunities to someone based on their age. An example of age bias in the workplace is the "glass ceiling," which is the invisible barrier limiting women's advancement in the workplace after a certain age. Age bias can also manifest in hiring practices, promotions, and job assignments. If employers make decisions based on their assumptions, this can be discrimination. Age discrimination in the workplace can have a negative impact on employee morale and motivation. It can also lead to lower productivity and higher turnover. Data from the AARP shows that age discrimination is a growing problem in the workplace. However, only 3% of individuals who face age discrimination have ever filed a formal complaint with their HR department.

Which states have laws to prevent age bias?

All states except South Dakota have laws that prohibit discrimination in employment based on age. There are a few states, however, that have enacted specific laws that target age bias in the workplace. Some of these states include California, Connecticut, Maine, Oregon, and Vermont. Each of these states has specific provisions in its statutes that protect workers from being discriminated against because of their age. For example, in California, it is unlawful for an employer to refuse to hire or to discharge an individual because of the individual’s age. In Connecticut, employers are prohibited from discriminating against employees based on age with respect to compensation, terms, conditions, or privileges of employment. Maine’s law prohibiting age discrimination in employment is similar to Connecticut's. If you want to learn about the age bias laws in your state, you should check with your state's Equal Employment Opportunity Commission (EEOC) or the Department of Labor. Some states have their own age discrimination laws, which may provide stronger protections than federal law. Consult with an attorney if you have questions about your rights under state law.

What can employers ask you?

When you walk in for an interview, which questions can the interviewer ask you? Can they ask about your religion or whether you have children? How about your political views or whether you’ve been arrested? The answer to these questions may surprise you. While there are some restrictions on what an employer can ask, they can generally inquire about almost anything. However, just because they can ask doesn’t mean you have to answer. In the United States, employers are allowed to ask job applicants various personal questions. These questions can range from inquiries about your education and work history to questions not answered on your CV. The most important question in job interviews is about your strengths and weaknesses. The recruiters want to know about your skills, experience, and abilities. Some standard interview questions that employers ask include:

• What are your strengths?
• What are your weaknesses?
• Why do you want this job?
• Where do you see yourself in five years?
• What is your greatest accomplishment?

What are some questions employers can’t ask you?

As we’ve said, employers can ask your age but they can’t let knowing your age affect a hiring decision. And you can choose not to answer. However, there are a few questions that employers can’t ask. Here are some of them:

• Marital status: The hiring manager cannot ask you if you are married, single, or in a relationship. They also cannot ask if you plan on getting married or having children soon.
• Number of children: Employers cannot ask how many children you have or if you plan on having any more. However, if they offer insurance as an employee benefit, they can ask about your children.
• Union: Your potential employer cannot ask if you have ever been in a union or whether you would join one.
• Arrest record: An employer can ask if you have ever been arrested, but they cannot ask about the details of your arrest or if you have ever been convicted of a crime.
• Bankruptcy: Employers cannot ask if you have ever filed for bankruptcy.
• Credit score: Employers can check your credit score, but they cannot ask you what your score is.
• Religion: The hiring manager cannot ask you about your religious beliefs or practices since this has nothing to do with the job you'll be doing. If you're in a situation where an interviewer asks you a question you don't want to answer, you should:
• Politely decline to answer the question and focus on your skills and experience. If they demand an answer to their question, you should:
• Thank the interviewer for their time and end the interview
• Report the interviewer to HR For instance, if an interviewer keeps pressing on a question about your religious beliefs when you're applying for a coding job, you can politely say that you don't think that has anything to do with your ability to do the job and move on.

Your age doesn’t matter

Regardless of your age, an employer cannot discriminate against you during the hiring process. However, if you believe that you have been discriminated against because of your age, you can file a complaint. If the question comes up in a job interview, it's best to avoid it if you're uncomfortable. Otherwise, you can end the interview if you believe the company culture might not fit you. Are you looking for a new job? Jobcase gathers jobs from dozens of job boards, allowing you to see all open positions on one platform.