October 21, 2021

Volume XI, Number 294

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Connecticut Prohibits Age-Related Inquiries on Employment Applications

Starting October 1, 2021, Connecticut will join a small but growing number of states where employers are now specifically prohibited from inquiring about a prospective employee’s age on the initial employment application, including indirect questions which are designed or which tend to elicit age information.

Connecticut law already prohibits employers from discriminating against employees and prospective employees on the basis of age, and thus, eliminating questions about dates of birth on applications or otherwise during the hiring process has been recommended for some time. The new law, which amends Conn. Gen. Stat. § 46a-60, now officially makes it a discriminatory practice for employers with three or more employees to request or require a prospective employee to disclose any of the following information on the initial employment application:

  • Age;

  • Date of birth; and

  • Dates of attendance at or graduation from an educational institution.

There are two important exceptions to the Act’s prohibitions; i.e., an employer may request an employee’s age, date of birth, or dates of attendance at or graduation from an education institution where such information is necessary for a bona fide occupational qualification or need. These inquiries are also permitted when required to comply with any provision of state or federal law as may apply to the subject position.

In light of the new legislation, employers should review their employment applications to ensure questions about applicants’ ages, dates of birth, or dates of attendance at or graduation from educational institutions are not included. As the Act also applies to employers’ agents, employers should make certain that third parties with whom they work in the hiring process, including recruiters, are aware of the Act’s prohibition as well.

© 1998-2021 Wiggin and Dana LLPNational Law Review, Volume XI, Number 229
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About this Author

Mary Gambardella Litigation lawyer Wiggin Dana
Partner

Mary brings decades of experience in helping clients comply with ever-changing labor laws and regulations, as well as in managing employment challenges such as sensitive terminations, sexual harassment, reductions in workforce, discrimination claims, and severance agreements. She is a proactive resource for clients seeking her counsel on a variety of human resource issues before they become a costly crisis, as well as a fierce advocate when crises arise.

Mary is Chair of the firm’s Labor, Employment and Benefits Department and regularly represents employers in...

+1 203 498 4382
Nicole Dwyer associate Wiggin and Dana
Associate

Nicole Dwyer is an associate in Wiggin and Dana’s New Haven office.

Before joining Wiggin and Dana, Nicole worked as a summer associate and law clerk with the firm of Brenner, Saltzman, and Wallman LLP.

Nicole received her J.D. summa cum laude from Quinnipiac University School of Law, where she was the Editor-in-Chief of the Quinnipiac Law Review and received Distinguished Academic Achievement Awards in Contracts II, Constitutional Law, Torts, Employment Discrimination Law, and Commercial Law. She also received the Academic Excellence Award, Superior...

203-498-4388
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