NT Lakis attorneys have received calls recently from a number of employers reporting that the Minnesota Department of Human Rights is beginning to scrutinize employment applications for questions that could signal an employee’s age. Seemingly innocuous inquiries, such as requests for an applicant’s high school attendance dates, are being targeted as potential violations of the state’s antidiscrimination law.
Neither the federal Age Discrimination in Employment Act (ADEA) nor implementing regulations issued by the U.S. Equal Employment Opportunity Commission (EEOC) directly prohibit employers from asking an applicant for his or her age or date of birth. Some states, however, including Minnesota, specifically prohibit employers from asking for information that indicates an individual’s age.
NT Lakis attorneys briefly summarize major features of state laws relating to age-related inquiries, as well as provide some practical pointers for minimizing potential liability regarding pre-employment inquiries that might reveal an applicant’s age.
Members of the Center for Workplace Compliance (CWC) can read more here.