Connecticut Limits Inquiries into Prospective Employees' Ages
On June 24, 2021, Governor Lamont signed into law Public Act 21-69, which adds to Connecticut's Fair Employment Practices Act an explicit ban on Connecticut employers inquiring into the ages of prospective employees "on an initial employment application." The new law, An Act Deterring Age Discrimination in Employment Applications, goes into effect on October 1, 2021.
Restrictions on Employers
Under the new law, Connecticut employers may not request or require prospective employees to provide the following information on an initial employment application:
- their ages;
- dates of birth; or
- dates of attendance at or graduation from an educational institution.
Employers may request or require information related to an applicant's age if that information is based on a bona fide occupational qualification or need, or if the employer needs the information to comply with applicable state or federal laws.
What This Means for Employers
As a result of P.A. 21-69, employers should review their current job application forms and processes to ensure that they do not request or require job applicants to provide their ages, dates of birth, or dates of attendance or graduation from an educational institution. Employers also should verify that no other documents calling for this information are required of applicants with the initial employment application.
Employers should review any of their jobs for which age-related information is elicited to determine if there are applicable state or federal laws requiring them to collect age-identifying information or if there is a bona fide occupational qualification or need that justifies collecting this information. If that review indicates the employer may have a specific, justifiable need for the information, the employer should discuss the specific facts and circumstances with their legal counsel. If age-identifying information is needed to comply with state or federal law, or for another occupational qualification or need, those factors should be documented with Human Resources to support the presence of such questions on the initial application, in the event of a challenge.
In addition, since the new law is limited to information that is requested or required on an initial employment application, in certain circumstances age-identifying inquiries may be permissible for legitimate business reasons at a later stage in the hiring process. Employers should exercise caution, however, in eliciting information about age or any other protected characteristic and should do so only if the information is needed for legitimate non-discriminatory reasons and is not used as an impermissible factor in the hiring decision.
Finally, employers should ensure that employees engaged in the hiring process are educated about the new inquiry limitations.
© 2021 Littler Mendelson. All Rights Reserved. LITTLER MENDELSON®, ASAP®, INSIGHT® and LITTLER REPORT® are registered trademarks of Littler Mendelson, P.C.
Posted: August 2, 2021
All Rights Reserved © 2021 Truescreen, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.
The service you provide at Truescreen has been the best I have ever seen in comparison to other vendors I have worked with in the past! You guys rock!
I am very impressed with your company’s customer service, and the Truescreen portal seems to be an intuitive, user-friendly design.
Our team loves working with Truescreen and the expedient, thorough service and results we get from you.
I appreciate all your hard work ensuring that individuals are cleared through our processes. Truescreen makes my job so much easier and less stressful.