Legal Question in Employment Law in Florida

Re: Interview Aplication

yes

Re: Interview Aplication

You can ask the date of birth in an interview or on an application. You cannot use the date of birth to deny an appointment if the individual is 40 or older, as this would amount to age discrimination.

The problem with asking for the date of birth is that anyone who applies but is not selected who is over 40 may decide to bring a claim against the company (and perhaps the recruiter)for age discrimination. Of course, the employer may be able to adequately defend against such a claim, but the fact that a claim is brought will result in a necessity to defend it, including paying a law firm for such defense.

As a result, most companies leave these types of questions off of an initial application.