Applicant's Birth Date
LHSsoccer13
23 Posts
I just had an interesting situation happen and I was wondering what everyone's take might be. Our Executive Assistant was booking travel for an applicant to travel to our corporate office. When purchasing the ticket she was prompted by the airline to enter the person's birth date. Apparently airlines are being made to get this information effective 1/1/2010 but some airlines have introduced the policy ahead of time.
Not thinking anything about it, our Exec. Asst. emailed the applicant to get her birth date. The applicant provided the information along with a note saying that it was illegal for us to ask this information. After some initial brainstorming the best current idea we've got is that all applicants will have to purchase their own tickets and submit for reimbursement.
Any ideas/thoughts/suggestions?
Comments
I think you are smart to avoid asking for any information that would raise the eyebrows of the EEOC. Even though the executive assistant probably has no involvement in the hiring decision it's best to avoid even asking for the information. For this one applicant, the question made him/her uncomfortable enough to mention that it is "illegal." If having the applicants book their own flights and get reimbursed doesn't work out maybe you can hire a third party to handle travel booking. That way you are never privy to date of birth information.
I don't think there is anything illegal with asking an employee about their birth date. Companies ask for it when we fill out I-9's, benefit packages (some are age banded), for payroll etc. It is only illegal to use that information to discriminate against employees who are over the age of 40.
Since the candidate made this comment I would contact the candidate and let him/her know the reason why the question was asked and explain that it is not a normal part of your interview process.
I think the idea of having the candidate book travel and get reimbursed is a good idea, with one exception. Are you going to put a cap on the dollar amount you will reimburse? Otherwise you may have a candidate that books a really expensive flight on a particular airline because that is their airline of choice, yet there was a much cheaper alternative. You could also have someone book a first class ticket. Some may think that this would never happen, but never say never.
I don't think there is anything illegal with asking an employee about their birth date. Companies ask for it when we fill out I-9's, benefit packages (some are age banded), for payroll etc. It is only illegal to use that information to discriminate against employees who are over the age of 40.
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The age line is not written in stone. There is case law to suggest that "looking 40" can be sufficient and state laws can be more protective than the ADEA although I'm not immediately familliar with any that are.
The problem is generally not whether age discrimination occurred. The problem is whether or not 50.1% of the evidence looks like age discrimination occurred when the company's employment decisions are questions 2 years from now. Employers are rightfully sensitive to questions about personal characteristics linked to protective employment law. I would seek ways to ensure such information were asked only through specific avenues and that there were policies in place to safeguard the information from people like.... line supervisors.
The main difference lstire3 is that I-9's and benefit packages are all done post-hire. This information is not gathers before you make a hiring decision. With her making the statement it is illegal it really raises red flags that if we don't hire her she could raise cane that it was about age.
UPDATE: We have interviewed the candidate and will be in discussion for a position pending salary/benefits so I don't think that it will be an issue.