Legal Question in Employment Law in California

I interviewed two companies for jobs. Both companies came back and asked me to provide professional references and filled a background checking form in which I was asked to provide my date of birth. Is it legal for the company asking me to provide my date of birth during hiring process in the name of background checking?


Asked on 11/05/10, 9:45 am

3 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

If I were advising the company, I'd tell them asking for the date of birth of job applicants is a bad idea. It opens them up to claims of age discrimination.

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Answered on 11/10/10, 10:32 am

I would advise the same, but it is not illegal.

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Answered on 11/10/10, 11:01 am
Terry A. Nelson Nelson & Lawless

You are free to refuse, and they are free to not offer a job. Their only risk in asking is a claim of age discrimination if the person is in the protected, over 40, category and not hired. But, such claim has to be proved through real admissible evidence of 'discrimination', not mere speculation. To do a background check, a company needs name, SS# and date of birth to verify the ID being checked. That is a reasonable business 'reason' for asking.

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Answered on 11/10/10, 11:27 am


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