Avoid Non-Compliant Questions During the Application and Interview Process in Business and at Work

In the course of my work with clients, a common non-compliance issue with both their employment applications and their interview questions tends to come up more often than not, below:

When did you graduate from high school or college?

The problem with the above non-compliant question is the word when; under the Federal Age Discrimination in Employment Act:

The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC).

Asking an applicant when (e.g., what year) they graduated from high school or college on an employment application and/or during the interview process is a not-too-subtle way of ascertaining their age – which is not compliant under the ADEA.

A few compliant questions with regard to an applicant’s education can be found, below:

Do you have a high school diploma or equivalent?

or

Do you have a university or college degree?

Especially relevant if certain levels of education are required by your job description.

How do you avoid non-compliant questions during the application and interview process, to protect the rights of all involved, in business and at work?