iConnecticut’s An Act Deterring Age Discrimination In Employment Applications prohibits Connecticut employers with at least three employees from inquiring into the age of prospective employees. The new law goes into effect on October 1, 2021.
Under the new law, employers (directly or through a third party) may not ask a prospective employee about the following information on an initial employment application:
-
Age;
-
Date of birth;
-
Dates of attendance at an educational institution; or
-
Date of graduation from an educational institution.
An employer, however, may request or require such information if:
-
The request or requirement is based on a bona fide occupational qualification or need; or
-
The employer has a need for such information to comply with applicable state or federal laws.
Next Steps for Employers
Employers should review their current job application forms to ensure the forms do not request a job applicant to provide their age, date of birth, or dates of attendance or of graduation from an educational institution.
In addition, employers should review each position they employ to determine if each requires that a job applicant be a certain age to perform the duties of the position.
Employers also should review applicable state and federal laws to determine if an employer must have information relating to a job applicant’s age to comply with such laws.
Further, employers should ensure their key employees in the hiring process are educated about these new inquiry limitations.
Summer law clerk Jennie Marco contributed significantly to this article.
