Age indicators in the job application process

Policymakers should strengthen regulations to prohibit inquiries about age and date of birth in job applications. Online application systems should not require entry of this information in order to submit the form. Requests for such information should be presumed illegal unless the employer can demonstrate job-relatedness.

EEOC regulations should clearly state that any job posting or recruiting efforts that directly exclude or have a disparate impact on older applicants are illegal under the Age Discrimination in Employment Act. Such practices include preventing older job-seekers from seeing job ads and specifying qualifications (such as “digital natives,” “recent college grads,” or maximum years of experience) in ways that will have a disparate impact based on age.

Policymakers should prohibit employers from asking for prior salary history during the hiring process.