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Asked birth year during interview - illegal?

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GregB

Junior Member
What is the name of your state? Tennessee

I had an interview last Monday at an accounting firm in a small rural city in East Tennessee. The interview went great until the last bit when one of the interviewers started I conversation which I immediately found odd. He stated he went to a seminar about how different generations interact and which generations revolved around their respected birth years. I knew right away what he was doing and did not engage in the discussion, I just let him talk...he knew I was on to him and instead directly asks me for my age. Needless to say I was uncomfortable and felt compelled to answer. After they knew my age, I kid you not, the interview promptly ended.

Now I understand the protected class is 40 years of age and older, but in today's society the job market is becoming increasingly competitive. I am 28 years old and fortunatley still look like I just graduated high school. Yet, I know without a doubt they held this over me. They did not know my age until they looked at my transcript...that they request I bring. I went back and looked at my transcript and it has the year of high school graduation on it, of which any one who can count backwards 17 or so years can determine the age of the interviewee. Has this ever been adressed. I felt more like he wanted to confirm my age after he calculated it in his head and after confirmation he wanted to go on to the next interview.

A sensible person can not disagree that age discrimination does indeed take place under the age of 40 as well. Young college grads are looked at more highly than someone who waited 6 years to college.

Is it illegal for an interviewer to ask age without it supporting any job relations or further direction for the interview. I mean, if not, one could argue if they don't look over 40 take the gamble and ask.

Also, how can colleges be adressed of the issue and be made to omit the irrelevant information regarding the year of graduation from high school. It seems like a huge loophole in which companies can find out someone's age. Almost everyone in business, medical, technical, etc. fields who sit for interviews after graduation almost always submit transcripts. This fact alone shows the huge disadvantage of older graduates and adults who go back to school.

Even though the firm had the information on the transcript they still directly asked my age. They told me they would remit a response to me by last Friday, yet nothing to date. They just hired a younger college friend of mine with a much less GPA and has self imposed work hours preventing him from working the requested 40 per week.

What options do I have?
Can I report them to the EEOC?
Can I report them to my state?
Do interviewees under 40 years of age have any protection at all, even when its obvious what happened?
Are there any legal cases in which someone under 40 years of age took a similar case to court?
What outlets at the city, county, state, and federal levels can I voice my concerns and get legislation to look for changes regarding age discrimination?

Anyone can request a college transcript apparently...so therefore nobody is protected from potential employers finding out their age. This indeed needs to be adressed. All employers have to do is inquire about where you went to college and BINGO...they gotcha.
 


BelizeBreeze

Senior Member
GregB said:
Is it illegal for an interviewer to ask age without it supporting any job relations or further direction for the interview. I mean, if not, one could argue if they don't look over 40 take the gamble and ask.
not under the facts as you presented them
Also, how can colleges be adressed of the issue and be made to omit the irrelevant information regarding the year of graduation from high school. It seems like a huge loophole in which companies can find out someone's age. Almost everyone in business, medical, technical, etc. fields who sit for interviews after graduation almost always submit transcripts. This fact alone shows the huge disadvantage of older graduates and adults who go back to school.
That is factual information which is directly job-related. Now quit the whinning.
Even though the firm had the information on the transcript they still directly asked my age. They told me they would remit a response to me by last Friday, yet nothing to date. They just hired a younger college friend of mine with a much less GPA and has self imposed work hours preventing him from working the requested 40 per week.
So that blows the hell out of your age-discrimination case doesn't it?
What options do I have?
What options do you want?
Can I report them to the EEOC?
Sure you can. And they can say it was on your transcript and THAT'S HOW they knew.
Can I report them to my state?
Sure you can. And they can say it was on your transcript and THAT'S HOW they knew.
Do interviewees under 40 years of age have any protection at all, even when its obvious what happened?
yep, the same as those over 40 do when they don't get hired but some punk who has a chip on his shoulder does.
Are there any legal cases in which someone under 40 years of age took a similar case to court?
sure there are. It's called homework. do it yourself.
What outlets at the city, county, state, and federal levels can I voice my concerns and get legislation to look for changes regarding age discrimination?
Bullhorn from the rooftop. Otherwise, do a little work on your own.
Anyone can request a college transcript apparently...so therefore nobody is protected from potential employers finding out their age. This indeed needs to be adressed.
Then address it. I hear the elections are coming up soon.
All employers have to do is inquire about where you went to college and BINGO...they gotcha.
Sure they do. Like when I graduated at age 24 after 4 years in the Military and another two years hitching around Europe or when I finally completed law school after a 27 year hiatus....LAST YEAR.

What you have is an attitude. I would guess that's why you didn't get hired and your YOUNG friend did. But if you want to make a federal case out of it then by all means, spend daddy's money to do so.
 

GregB

Junior Member
Wow,
First of all I don't want to sue.
Second I'm not a punk.
Third who pissed in your Cheerios?

...and Daddy didn't pay for my education...I did. I worked full time all through college with a 3.8 GPA. I am also in the process of selecting law schools myself, and I find it disheartening you would be considered a collegue in the profession.

That said please don't comment on my thread again.
 

BelizeBreeze

Senior Member
GregB said:
Wow,
First of all I don't want to sue.
Second I'm not a punk.
Third who pissed in your Cheerios?

...and Daddy didn't pay for my education...I did. I worked full time all through college with a 3.8 GPA. I am also in the process of selecting law schools myself, and I find it disheartening you would be considered a collegue in the profession.

That said please don't comment on my thread again.
See? so tell me Clarance Darrow, if you didn't want to sue then why bother writing that missive?

Were you so bored you felt like mental masterbation?:rolleyes:
 

GregB

Junior Member
The relevant information is that graduation from high school did occur...the date is irrelevant.

I'm curious if this has ever been brought up, and if not it should be. I inquire about the proper outlets to voice the concern of the date regarding high-school included with the transcripts.

I also have already written a letter to send to all of the partners in the firm regarding what one of their partners did. I want it brought to the Senior partner's attention.
Its part of the Accounting profession to report unethical behavior, what kind of accountant would I be if it was ignored? The very foundations of ethics regarding the firm were dissolved during first impressions. How could I be expected to be ethical working there after this situation.
These are the very questions asked during CPA examination. Would the other partners not want to be aware of a fellow acting with what could be construed over the line? I'm sure an ethical seminar would be in his near future.
 

GregB

Junior Member
Is it at all possible for someone to find out if something is illegal without the intentions of suing.

You are just full of yourself and enjoy turning threads into topics about yourself. I find it hard to believe someone 45-50+, as you claim to be, acts as they do.

"Hey look at me, I made fun of the new guy."
"Hey look at me I went through hell and got my degree."

I bet most of your posts are so full of insight, 20,000+ posts sounds a lot more like mental masturbation. Better slow down before you go blind.

For the love of God, shut up and go away. I don't think I could take another of your juvenile comments.
 

Zigner

Senior Member, Non-Attorney
BelizeBreeze said:
not under the facts as you presented them

That is factual information which is directly job-related. Now quit the whinning.

So that blows the hell out of your age-discrimination case doesn't it?

What options do you want?

Sure you can. And they can say it was on your transcript and THAT'S HOW they knew.

Sure you can. And they can say it was on your transcript and THAT'S HOW they knew.

yep, the same as those over 40 do when they don't get hired but some punk who has a chip on his shoulder does.

sure there are. It's called homework. do it yourself.

Bullhorn from the rooftop. Otherwise, do a little work on your own.

Then address it. I hear the elections are coming up soon.

Sure they do. Like when I graduated at age 24 after 4 years in the Military and another two years hitching around Europe or when I finally completed law school after a 27 year hiatus....LAST YEAR.

What you have is an attitude. I would guess that's why you didn't get hired and your YOUNG friend did. But if you want to make a federal case out of it then by all means, spend daddy's money to do so.

Seems to me that so long as you were discriminated against due to your age, then you have no reason to complain!

EDIT: Should have been "...weren't discriminated...
 
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mitousmom

Member
Congress has decided to protect from age discrimination only those 40 years of age and older. They did that based on the problems older workers experienced in the workforce. However, even for those protected by the federal ADEA, the law does not prohibit an employer from asking an applicant's age or date of birth. Contrary to what you think, it's not illegal or unethical to inquire about an applicant's age or when he graduated from high school, college, or elementary school.

An accountant's duty is to report unethical and illegal accounting and auditing behavior and violations of accounting principles. Since none of those apply in your situation, a letter to the senior partner suggesting that asking your age and the date that you graduated from high school are reportable unethical behavior would serve only to highlight the wisdom and good judgment of the partner that didn't hire you.
 

You Are Guilty

Senior Member
mitousmom said:
Congress has decided to protect from age discrimination only those 40 years of age and older. They did that based on the problems older workers experienced in the workforce. However, even for those protected by the federal ADEA, the law does not prohibit an employer from asking an applicant's age or date of birth. Contrary to what you think, it's not illegal or unethical to inquire about an applicant's age or when he graduated from high school, college, or elementary school.

An accountant's duty is to report unethical and illegal accounting and auditing behavior and violations of accounting principles. Since none of those apply in your situation, a letter to the senior partner suggesting that asking your age and the date that you graduated from high school are reportable unethical behavior would serve only to highlight the wisdom and good judgment of the partner that didn't hire you.
Bah, beat me to the punch. I was just about to say it's pretty clear it's not the poster's age which kept him from being hired. :rolleyes:
 

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