I’ve been told that I should not ask an applicant for date of birth, yet it is required to do most searches. Why the contradiction?
It is not a violation of the Age Discrimination in Employment Act (ADEA) of 1967 to request information such as a date of birth on an employment application or background release as long as there is a legitimate permissible purpose. It is only discriminatory to use an applicant’s age as a determination in offering a job. Date of birth (DOB) is one of the identifiers that local and state government agencies commonly use when criminal records are filed. Therefore it is permissible to request it in conjunction with these searches.
If you are concerned about this, we will gladly allow the applicant to supply this piece of information directly to us, thus removing the DOB from your pre-employment inquiries.