lynn Posted July 30, 2018 Share Posted July 30, 2018 "Have you reached your 16th birthday but not yet your 40th?" 1 Link to comment Share on other sites More sharing options...
TechWife Posted July 30, 2018 Share Posted July 30, 2018 8 minutes ago, lynn said: "Have you reached your 16th birthday but not yet your 40th?" If that was a job application, that question is illegal. They can ask if you meet the minimum age requirement to work in that state, but that is all. Anything else is age discrimination. 17 Link to comment Share on other sites More sharing options...
Ailaena Posted July 30, 2018 Share Posted July 30, 2018 Isn’t that... not allowed?... To ask a question about age over 18? Are there exemptions for manual labor jobs? Is it a government job or a place where they use government money? Do you think it’s a “culture fit” question? I’m old and crotchety and I am fotunate enough to be in a place where I will not answer questions that are not relevant to the job; I leave them blank or walk away. 3 Link to comment Share on other sites More sharing options...
NorthwestMom Posted July 30, 2018 Share Posted July 30, 2018 If you live in the United States, that is age discrimination. 3 Link to comment Share on other sites More sharing options...
EKS Posted July 30, 2018 Share Posted July 30, 2018 I thought this was going to be about a word problem in math. 3 Link to comment Share on other sites More sharing options...
TravelingChris Posted July 30, 2018 Share Posted July 30, 2018 Is this a job application and not one for law enforcement or military? That would be illegal. For a drug trial or something else like that - I could see it. I do not know if Big Brothers and Big SIsters has a age limit too which they might so it is more like a brother and not a grandparent? If it was not an exempt job- like police, firefighter (maybe?), military and I was over 40 I would skip question, and if I didn't get job, I would complain to Federal EEOC. Link to comment Share on other sites More sharing options...
Tap Posted July 30, 2018 Share Posted July 30, 2018 Hmmm....there may be a reason for this question that actually is Not age discrimination. Over 40yo, is a protected class for age discrimination. So, if the person is over 40 they can not be discriminated against....but under 40 is not protected. The question about being over 16 is more obvious and likely has to do with labor laws and the ability to do the required task. It would be similar to asking "do you have any physical restrictions that we will need to accommodate" vs. "do you have a disability". Federal age discrimination law State laws can be more strict and protect every age. This is the federal law. Link to comment Share on other sites More sharing options...
TechWife Posted July 30, 2018 Share Posted July 30, 2018 11 minutes ago, Tap said: It would be similar to asking "do you have any physical restrictions that we will need to accommodate" vs. "do you have a disability". That is also illegal. Employers may not ask any question about required accommadations until after the person is hired. 1 Link to comment Share on other sites More sharing options...
Jean in Newcastle Posted July 30, 2018 Share Posted July 30, 2018 Since I don't know what kind of an application this is, I will just address the wording. A better way to say it would have been "Are you between the age of 16 and 40?" Link to comment Share on other sites More sharing options...
Tap Posted July 30, 2018 Share Posted July 30, 2018 (edited) 4 hours ago, TechWife said: That is also illegal. Employers may not ask any question about required accommadations until after the person is hired. I am not an expert but I do conduct interviews for national company. I know this question is on our standard HR interview form that the interviewers fill out. I am not saying that national companies still make mistakes in interviewing practices. LOL My guess is that the question on our form is strictly worded to meet the ADA requirements. ADA law If you are applying for a job, an employer cannot ask you if you are disabled or ask about the nature or severity of your disability. An employer can ask if you can perform the duties of the job with or without reasonable accommodation. An employer can also ask you to describe or to demonstrate how, with or without reasonable accommodation, you will perform the duties of the job. Edited July 30, 2018 by Tap Link to comment Share on other sites More sharing options...
Bootsie Posted July 30, 2018 Share Posted July 30, 2018 I have seen applications with similar questions. The answer is not supposed to impact your getting the job, but is kept for statistical reasons to show that the company is not discriminating against a protected class. Link to comment Share on other sites More sharing options...
TechWife Posted July 30, 2018 Share Posted July 30, 2018 5 minutes ago, Tap said: I am not an expert but I do conduct interviews for national company. I know this question is on our standard HR interview form that the interviewers fill out. I am not saying that national companies still make mistakes in interviewing practices. LOL My guess is that the question on our form is strictly worded to meet the ADA requirements. ADA law If you are applying for a job, an employer cannot ask you if you are disabled or ask about the nature or severity of your disability. An employer can ask if you can perform the duties of the job with or without reasonable accommodation. An employer can also ask you to describe or to demonstrate how, with or without reasonable accommodation, you will perform the duties of the job. That is different then asking someone what they require to do the job. It's my understanding that the standard is: Would you ask anyone this question? I can ask an abled or disabled person, after clearly going over the job requirements: "Are you able to perform the duties of this job?" "Please show me how you would xyz." What I cannot ask them is "What accommodations do you require to do this job?" because it opens the door to the idea that I could decide not to hire based upon the needed accommodations and not the qualifications of the applicant. Now, if in the course of a demonstration, the need for accommodations becomes apparent, then that's how it all works out. A demonstration allows an applicant to gauge the "friendliness" of the work environment as well, so they do get a little bit of an advantage. My sister is visually impaired due to an illness that attacked her eyes. Just looking at her, you cannot tell that she is visually impaired. She does not use a cane and her glasses are typical glasses and not even particularly thick (mine are actually thicker). She was on a job interview last year where they asked her to enter an order into their practice system. She asked for a large screen monitor and they told her they didn't have one, then asked her how much something like that would cost. Two things happened: my sister knew she didn't want to work for them because they were concerned about how much she would cost them, not about how much she could do for them and they decided not to offer her a job and told her this at the end of the interview saying she wasn't a "good fit." Discrimination? We'll never know. It could be that she wasn't a good fit due to her skills or personality, or it could be she wasn't a good fit due to her disability and their unwillingness to offer a simple accommodation. One day, this "demonstration" requirement may be challenged in court if the result is similar to my sister's, but I don't know how that would be resolved. Link to comment Share on other sites More sharing options...
Jean in Newcastle Posted June 12, 2023 Share Posted June 12, 2023 Four year old zombie thread Link to comment Share on other sites More sharing options...
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