Hillary LeBeau
Fri, 07/30/2021
Earlier this month, Connecticut passed an act prohibiting employers with at least three employees from inquiring into the age of prospective employees. The new law goes into effect on October 1, 2021. Under the new law, employers (directly or through a third party) may not ask a prospective employee about the following information on an initial employment application:
- Age;
- Date of birth;
- Dates of attendance at an educational institution; or
- Date of graduation from an educational institution.
An employer, however, may request or require such information if (1) the request or requirement is based on a bona fide occupational qualification or need; or (2) the employer has a need for such information to comply with applicable state or federal laws.
The U.S. Equal Employment Opportunity Commission has found that not only do most people have inaccurate negative beliefs about older workers, but also that age discrimination is pervasive. Six in ten workers over 45 say they have seen or experienced age discrimination. Age discrimination also disproportionately impacts workers from additional marginalized groups. Seventy-seven percent of older Black workers say they have experienced age discrimination, while women report age discrimination with more frequency than men.
The federal Age Discrimination in Employment Act (ADEA) protects adults age 40 and older from being penalized due to their age. But that law doesn’t actually prohibit employers from asking how old you are. That’s where state age discrimination laws come into play. At least four other states — California, Minnesota, Pennsylvania and Wisconsin — have enacted discrimination laws that specifically ban age questions during the hiring process. The Connecticut law could have a significant impact in that state because it has the sixth-oldest workforce in the nation. Roughly 436,000 of workers in the state are in their mid-50s, accounting for 26.5 percent of people working in Connecticut.
