Full question:
I am in the interview process for a position that requires a motor vehicle report. I've not been offered the position, and I would think this would be a form required after job offer, as is a consumer credit report. They want my date of birth and social security. I've been told never give this out in the interview process.
- Category: Employment
- Date:
- State: Washington
Answer:
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits age discrimination against individuals who are at least forty years old. However, there are valid reasons for requesting an applicant's date of birth, known as bona fide occupational qualifications. For instance, jobs that involve selling alcohol may require age verification. Additionally, employers may need a date of birth for conducting criminal record checks, as courts often use it as a primary identifier.
The Equal Employment Opportunity Commission (EEOC) states that asking for a date of birth or age on an application is not inherently a violation of the ADEA. To comply with the ADEA, the EEOC recommends that employers:
- Clearly state the purpose of collecting date of birth information (e.g., for identification).
- Inform applicants that this information will not be used for age discrimination.
- Use a separate sheet for date of birth to ensure it is not seen by decision-makers during hiring.
Employers may also request your Social Security Number (SSN) to gather information about you from previous employers, educational institutions, and financial institutions. Your SSN can be used in various ways, including data matching with government files. However, restrictions on SSN use generally apply to government agencies rather than private employers.
In Washington State, certain laws protect the disclosure of SSNs, such as RCW 42.56.350, which exempts the federal SSN of individuals governed under chapter 18.130 from public disclosure, except for specific government requests.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.