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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 law goes into effect on October 1, 2021.

Under the 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.

Next Steps for Employers

Employers should review and update their job application forms and hiring 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.

Employers should also ensure that recruiters and hiring managers are trained on the new inquiry limitations.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.