[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1625.5]

[Page 325]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1625_AGE DISCRIMINATION IN EMPLOYMENT ACT--Table of Contents
 
                        Subpart A_Interpretations
 
Sec.  1625.5  Employment applications.

    A request on the part of an employer for information such as ``Date 
of Birth'' or ``State Age'' on an employment application form is not, in 
itself, a violation of the Act. But because the request that an 
applicant state his age may tend to deter older applicants or otherwise 
indicate discrimination based on age, employment application forms which 
request such information will be closely scrutinized to assure that the 
request is for a permissible purpose and not for purposes proscribed by 
the Act. That the purpose is not one proscribed by the statute should be 
made known to the applicant, either by a reference on the application 
form to the statutory prohibition in language to the following effect:

    The Age Discrimination in Employment Act of 1967 prohibits 
discrimination on the basis of age with respect to individuals who are 
at least 40 years of age,'' or by other means. The term ``employment 
applications,'' refers to all written inquiries about employment or 
applications for employment or promotion including, but not limited to, 
r[eacute]sum[eacute]s or other summaries of the applicant's background. 
It relates not only to written preemployment inquiries, but to inquiries 
by employees concerning terms, conditions, or privileges of employment 
as specified in section 4 of the Act.

[46 FR 47726, Sept. 29, 1981, as amended at 53 FR 5972, Feb. 29, 1988]