Connecticut Prohibits Age Inquiries on Initial Employment Application

On June 24, 2021, Connecticut Governor Ned Lamont signed into law , “An Act Deterring Age Discrimination in Employment Applications.” The new law, which goes into effect on October 1, 2021, amends Connecticut’s Fair Employment Practices Act to prohibit employers from inquiring about the ages of applicants “on an initial employment application.”

Specifically, Connecticut employers may not “request or require” a prospective employee to provide the following information on an initial employment application:

• age,
• date of birth, or
• dates of attendance at or graduation from an educational institution.

The new law, however, includes two exceptions. Employers may request or require information related to an applicant’s age if (1) that information is based on a bona fide occupational qualification or need, or (2) the information is needed for the employer to comply with any provision of state or federal law.

Take-Aways for Employers:
To ensure timely compliance with this new law, Connecticut employers should review promptly their job application and hiring processes to be sure they do not request or require applicants to provide their ages, dates of birth, or dates of attendance or graduation from an educational institution as part of the initial employment application.

If any jobs require the employer to collect age-related information to comply with state or federal law or because of a bona fide occupational qualification or need, the employer is best advised to discuss the particular facts with their employment lawyer so appropriate measures can be taken in light of the new law.

Connecticut employers also should ensure that everyone involved in their hiring process knows about the new prohibitions regarding age inquiries.

If you’d like to discuss the requirements of this new law, please contact Natasha Lipcan at 203-820-6754 or [email protected].

Natasha Lipcan (New York team) is an employment law attorney with more than 20 years of experience representing private employers in a broad range of employee-related matters. She handles a wide range of employment issues, including employment law compliance, organizational change, diversity and inclusion, employment-related agreements, arbitrations and litigations, wage and hour, workplace training and policies, and recruiting, hiring, managing and terminating employees.