Age Discrimination on Application forms for Work
Posted 01-03-2010 at 03:50 PM by SMART-H&S-Solutions
Took two calls earlier today asking my advice. The question asked was:
“Is it illegal to ask for your date of birth – or age when completing an application form for a job?”
The short answer is actually No! It isn’t unlawful to ask for a person’s age on an application form or during the recruitment process. What is unlawful is to discriminate against someone based on their age (Employment (Age) Regulations, 2006), unless it can be shown that such discrimination is objectively justified.
For example, there are minimum and maximum ages for recruitment into the armed services.
There are occasions when this information is an absolute necessity, the danger of course if used generally, or the application form is ‘old-stock,’ it has the potential to create difficulties for the employer unless it can be proven age was immaterial to the rejection.
Why create a problem when it is simply not necessary? I have sat on many interview panels over the years – and it takes but a casual glance (as long as the information is true, which of course it always is; I mean to say, who would ever massage a CV to look better than it is in reality?) to establish an approximate age.
Recently a gym advertised for a new personal trainer. A certain lady was rejected prior to interview but the potential employer did not really prepare a very good ‘thank you but no thank you’ letter. Hence a few weeks later a claim arrived based on age discrimination. The lady in question was a sprightly sixty-four, had never worked in a gym before and was certainly not qualified to do so. Unfortunately the rejection letter did actually infer age was the reason for not progressing further. It was on this occasion what was not said, rather than what was.
The claim against the Gym was eventually dropped. But not until they had spent many hours justifying the rejection and satisfying all concerned the refusal was not based on age related reasons.
This just merely scratches the surface here today – and by no means indicates all permutations that may develop from asking for an applicants age on an application for work. Makes you think though doesn’t it?
And you young man have no chance! You are waaaaay toooo young! Sorry folks Grandson was well worth popping in as an age related pic;-)
“Is it illegal to ask for your date of birth – or age when completing an application form for a job?”
The short answer is actually No! It isn’t unlawful to ask for a person’s age on an application form or during the recruitment process. What is unlawful is to discriminate against someone based on their age (Employment (Age) Regulations, 2006), unless it can be shown that such discrimination is objectively justified.
For example, there are minimum and maximum ages for recruitment into the armed services.
There are occasions when this information is an absolute necessity, the danger of course if used generally, or the application form is ‘old-stock,’ it has the potential to create difficulties for the employer unless it can be proven age was immaterial to the rejection.
Why create a problem when it is simply not necessary? I have sat on many interview panels over the years – and it takes but a casual glance (as long as the information is true, which of course it always is; I mean to say, who would ever massage a CV to look better than it is in reality?) to establish an approximate age.
Recently a gym advertised for a new personal trainer. A certain lady was rejected prior to interview but the potential employer did not really prepare a very good ‘thank you but no thank you’ letter. Hence a few weeks later a claim arrived based on age discrimination. The lady in question was a sprightly sixty-four, had never worked in a gym before and was certainly not qualified to do so. Unfortunately the rejection letter did actually infer age was the reason for not progressing further. It was on this occasion what was not said, rather than what was.
The claim against the Gym was eventually dropped. But not until they had spent many hours justifying the rejection and satisfying all concerned the refusal was not based on age related reasons.
This just merely scratches the surface here today – and by no means indicates all permutations that may develop from asking for an applicants age on an application for work. Makes you think though doesn’t it?
And you young man have no chance! You are waaaaay toooo young! Sorry folks Grandson was well worth popping in as an age related pic;-)
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