Sensitive Job Application Questions

QUESTION: I am 54 years old and seeking a position with benefits. I am in good health and possess a myriad ofcredentials. Problems, however, have shown themselves on my last fewjob applications, as follows:

1. What is your date of birth?

2. What year did you graduate from college?

3. How long have you been in the work force? 1 to 10 years? 10to 20 years? 20 to 30 years?

4. What were your last three jobs, and how long were youemployed on each?

Attorney friends of mine tell me that such questions areillegal, yet they exist on applications of major corporations in mystate (Illinois). Older individuals have much to offer, and few peopleretire at age 65 anymore. We need to pay bills and enjoy healthcoverage, too. Any ideas for our age group?

ANSWER: I fully agree that older workershave much to offer, and if employers would take advantage they justmight find themselves more profitable. Meanwhile, I consulted with mylabor-attorney contact, Daniel Burnick of Serote & Permutt,P.C., in Birmingham, Ala., and here is what he says about the law:

"My response is under federal law, not any state-specificlaws. Each state is different, and each fact situation must be lookedat independently.

"Date of birth, in and of itself, is not per sediscriminatory. It is certainly a valid question upon a conditionaloffer being made.

"An employer is entitled to ask about educational backgroundand history, and, like date of birth, would be preferable that it beasked upon a conditional offer being made. If the year graduated isclearly relevant to the specific job, I don't think there is anyproblem with this question."Question No. 3 is problematic, although not necessarilyillegal. If the question was 'How long have you been in the (specificbusiness). 1 to 10 years, etc.?,' it is a relevant question as toexperience and would not imply any type of age bias."I have no problems with No. 4. Work history is relevant forexperience, references, length of service and stability in the workforce."Additionally, AARP is very active in helping job applicantsover 50 and is creative in helping 'older workers' get through thisprocess and sell themselves to potential employers."Marvin Walberg is a job search consultant based inBirmingham, Ala. He can be contacted at P.O. Box 43056, Birmingham, AL,35243. E-mail him at mwalberg@bellsouth.net.
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