Can Employers Ask Your Age During the Hiring Process?
Understand when employers can ask about your age, the legal protections in place, and the potential consequences of age-related hiring violations.
Job applicants may wonder if employers can legally ask about their age during the hiring process. While some questions are standard, others raise legal concerns related to age discrimination. Understanding what is allowed helps job seekers recognize potential red flags and protect their rights.
Age-Related Hiring Laws
Federal and state laws limit what employers can ask to prevent age discrimination. The Age Discrimination in Employment Act (ADEA) prohibits employers with 20 or more employees from discriminating against individuals aged 40 and older in hiring, promotions, pay, and other employment decisions.
State laws often provide additional protections. California’s Fair Employment and Housing Act (FEHA) applies to businesses with five or more employees and extends protections beyond federal law. New York eliminates the age-40 threshold, ensuring all workers are protected from discrimination. These variations mean job applicants’ rights depend on their location.
The Equal Employment Opportunity Commission (EEOC) enforces the ADEA and investigates complaints. Employers found in violation may be required to change hiring policies and pay financial penalties. The EEOC advises companies to avoid questions that could reveal a candidate’s age unless necessary for the job.
Exceptions Requiring Age Information
Some jobs require employers to verify an applicant’s age due to legal, safety, or regulatory reasons. Industries with age restrictions often involve physical demands, liability concerns, or statutory requirements.
For example, commercial truck drivers must be at least 21 to operate vehicles across state lines under Federal Motor Carrier Safety Administration (FMCSA) regulations. Jobs involving alcohol sales or service require employees to meet minimum age requirements under state liquor laws.
Government and law enforcement roles often have age limits. The FBI requires new special agents to be between 23 and 36 at the time of appointment. Many municipal fire departments cap eligibility at 35 or 40 due to the physically demanding nature of the job. These restrictions are based on operational needs and public safety rather than discrimination.
Professional licensing requirements sometimes mandate age disclosure. Financial advisors seeking certification from the Financial Industry Regulatory Authority (FINRA) must be at least 18 to obtain securities licenses like the Series 7. Airline pilots must retire at 65 under Federal Aviation Administration (FAA) rules to maintain safety standards. Employers in these fields are allowed to request age-related information to ensure compliance with regulations.
Financial Consequences for Violations
Employers that unlawfully ask about a candidate’s age or engage in discriminatory hiring practices can face lawsuits, fines, and reputational damage. Civil lawsuits may result in settlements or court-ordered damages, sometimes reaching millions of dollars. In 2023, a national restaurant chain paid $2.85 million to settle an age discrimination lawsuit after favoring younger applicants over older ones.
Regulatory fines add to the financial risk. The EEOC can impose monetary penalties, and repeat offenders may face increasing sanctions. Some states, such as California, have their own enforcement agencies that can pursue additional fines.
Businesses also risk higher insurance costs. Employment practices liability insurance (EPLI), which covers workplace discrimination claims, can become more expensive after an age discrimination lawsuit. Insurers assess risk based on claim history, and companies with violations may face higher premiums or coverage restrictions. Ensuring compliance with hiring laws helps avoid these financial burdens.