Employment Interview Questions: Illegal Questions of Age and Education

Posted by Sessions & Kimball |

Concerned about challenging Orange County employment interview questions? You need to know about illegal questions of age and education. It’s well‑known that discrimination in the workplace is against the law, but discriminatory practices are also prohibited in the hiring process.  Many questions simply can’t be asked.

Although an employer can make employment subject to verification of legal age requirements or require proof of age if the applicant is hired, it cannot ask your birth date or age unless the job has minimum age requirements or is subject to state or federal minimum age statutes.  Employers can’t list age limitations in a newspaper advertisement which might bar workers of particular age groups.

Questions about academic, vocational, or professional education and public and private schools attended are legal.  Questions concerning specific dates of attendance or graduation, who paid for educational expenses while in school, and whether school loans are still owed are illegal because they can be used to obtain information about your age.  These questions themselves may show bias.

Employers, beware.  Employees, be aware.

Don D. Sessions, an Orange County employee rights attorney, author and law school professor, helps employees enforce their rights.

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