Age discrimination in employment is a huge issue in the U.S., as many employers treat more experienced professionals unfairly, simply because of their age. Not only is this behavior wrong, it’s also illegal, so you must ensure your job interview questions don’t cross the line.

Hiring decisions have major implications for your company, so you can never be too careful. Before making an offer, it’s only natural to want to find out as much as possible about a candidate, to feel confident you’re making the right choice.

In addition to calling references, requesting a skills test, and reviewing their portfolio, this often involves requesting the person’s transcript, graduation dates, and even birth dates, to verify their identity and gauge their fit for the job. There’s a big difference between asking age-related questions for the right reasons and using these inquiries to find out how old a candidate is and use it against them, so if you venture in this direction, be sure your motives are in the right place.

The Age Discrimination in Employment Act of 1967

The Age Discrimination in Employment Act of 1967 was established to protect the rights of workers aged 40 and over. The law covers many aspects of employment discrimination, such as hiring, pay, job assignments, promotions, firing, layoffs, training, and fringe benefits. Employers, colleagues, clients, and customers are forbidden to engage in any form of harassment about a person’s age, including making disparaging remarks that go beyond harmless teasing.

While the ADEA does not explicitly ban employers from asking job applicants their age or questions that will help determine their age, the reason for the line of questioning definitely matters in the case of an age discrimination lawsuit.

Avoiding an Age Discrimination Lawsuit

If possible, it may be best to avoid questions regarding age whatsoever, so you don’t inadvertently find yourself in the midst of a legal battle. Even when your intentions for asking are innocent — simply wanting to know when a person graduated from college to find out if their program would’ve included certain topics — it’s best to avoid the age issue entirely by focusing solely on relevant training and experience.

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