Under the Age Discrimination in Employment Act (ADEA), which statement is correct regarding hiring practices?
Correct Answer
D) Employers cannot ask for age or birth date on job applications
The ADEA prohibits asking for age or birth date on job applications as it could lead to discrimination against workers 40 and older. Physical demands must be job-related and applied equally regardless of age.
Why This Is the Correct Answer
CORRECT_ANSWER - The ADEA specifically prohibits employers from requesting age or birth date information on job applications because this information could be used to discriminate against applicants who are 40 years or older. This prohibition exists even if the employer claims they need the information for other purposes. Any age-related inquiries must wait until after a conditional job offer is made, and only then if there's a legitimate business necessity.
Why the Other Options Are Wrong
Option A: Age discrimination protections begin at age 35
While employers can establish legitimate physical requirements for positions, they cannot ask about age as a proxy for determining physical capability. Physical demands must be measured through job-related assessments that apply equally to all applicants regardless of age, and asking for age upfront is prohibited.
Option B: Employers may ask an applicant's age if the position requires physical demands
The ADEA applies to employers with 20 or more employees, not 50. This lower threshold means more businesses are covered under the Act's anti-discrimination provisions than this option suggests.
Memory Technique
Think 'Age = After' - age questions come AFTER the job offer, never before on the application
Reference Hint
Look up Employment Law or Civil Rights chapter in your contractor reference manual, specifically the section on Age Discrimination in Employment Act (ADEA)
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