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How should an applicant respond to an application that asks for date of birth?

One of America's most successful companies and a company that is always on the Best Places to Work list, has on the job application two sections that will tell them how old you are. One is Date of Birth the other is the year you graduated high school. As an applicant, how do you address this, as it is on the HR list of What NOT to Ask.

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Don Herrmann
Consultant/Founder, THCG
Posted on June 3, 2010
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There is nothing prohibiting the asking of the question. While recommended that you not ask, it is how the information is used that determines if any lines were crossed. Sometimes DOB is used in background checks; obviously the HS Graduation date would be used when verifying HS education.

I would submit you have two options....answer the question or don't answer it. Not answering the question may or may not allow your application to be processed, but that is your choice.

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Melanie Shong Helm
Director Human Resources
Posted on June 3, 2010
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I agree with Don, frequently applicants - and even operations management believe that it is the question that is illegal. It is not. It is the information you gain and how you use it that may be illegal. The proof is on the employer that they did not use this information for denying employment to a protected group under the law. I suggest that the questions never be asked online or in person/phone until an offer - pending background check is completed.
The key is also that the employer in this case is asking it of EVERY applicant - where the problem occurs is when it is asked only of some applicants in face to face or over the phone interviews prior to an offer of employment. Then it is very difficult to prove that the intent to gather the information was not for bias - and the onus is on the employer to prove it was not used in a discriminatory manner.

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