Birthdate & Background checks

jscheidter

By law, my company needs to conduct criminal background checks before hiring an employee. However, in order to conduct the background check we need the applicant's birthdate (also SSN and Driver's License #). How can I ask for their birthdate and not violate the ADEA? I know we cannot hire based upon age, and we don't, but this may come back to bite us.

turbo

I have always let the applicant know I will be running a background check on them and the resource I use requires a birthdate and full name - I give them the choice of giving it to me or copy their driver's license. If they are applying for a driving position - I copy the card anyway to run their driving record with our insurer to make sure they are insurable. To date I haven't had anyone refuse.

Before asking them for the information, they have already under gone a structured interview and are being considered for hiring. They are told that we do not hire based age, however, our drivers must be at least 25 years of age to be considered insurable, and that I need the birthdate information to conduct the background check.

I know we do treat everyone equitably and that age is not a factor when we consider them for employment. They are treated such an I haven't had any problems.

Don D

Having a car does not violate the law. Speeding in it does. Likewise, the ADEA does not mandate that you not ask for birthdates. It mandates that you not make hiring or promotion (and the like) decisions based illegally on age. If your practice and procedures call for you to have certain information for business reasons, and you can explain the business necessity, you should be safe. I agree that the normal disclaimer should be posted on the application. Ours follows:

"In connection with my application for employment, including contract for services with XXX, I understand that investigative background inquiries are to be made concerning myself, which may include consumer reports, investigative inquiries, criminal, driving and other reports. The repoets may include information as to my character, credit worthiness, general reputation, personal characteristics, mode of living, work havits, performance and experience, along with reasons for termination of past employment. Further, I understand that you will request information from various federal, state and other agencies which maintain records concerning my past activities related to driving, credit, criminal, civil and other experiences as well as claims involving me from the files of insurance companies. Date of birth is requested in order to obtain accurate records. This information will be retained in a confidential file separate from all other personnel and employment records relating to applicants and employees. Submission is voluntary. "

mwild31

You're not violating the ADEA if you have a business necessity to do a criminal background check - you just have to let the applicant know you are going to be performing the check & have their signature for authorization. Maybe I'm just strange, but why would you do a criminal background check prior to extending a conditional job offer? Do you perform a criminal background check on every single applicant? Is it a law because you are a public employer? Finally, I'm concerned about, "..but this may come back to bite us". Could you offer a little more information about the possible scenarios you envision regarding this potentially biting you?