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Employers Asking For Graduation Dates May Be Illegal

It may be illegal in New York state to ask potential employees for their graduation dates.

State Sen. Robert Jackson, D-New York City, recently introduced S.6900 to amend the state Executive Law to make the practice of any employer, labor organization or employment agency asking job candidates their high school, college or graduate program graduation dates a discriminatory practice.

The legislation has no legislative justification or memorandum.

According to the Society of Human Resources Managers, asking job candidates for birth dates, high school graduation dates or college transcripts isn’t illegal, but the federal Equal Employment Opportunity Commission has said those questions can raise questions about why a company is asking for such information, especially if an age discrimination lawsuit arises.

“It’s not illegal to ask one’s age, but the employer cannot make employment decisions based on one’s age,” Christine Nazer, a spokeswoman for the EEOC, told the human resources organization in 2016. “Generally speaking, an employer admitting that it made an employment decision based solely on one’s age could violate the law.”

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