Yesterday I talked about a new law that will impact the hiring process. But there’s another new law that employers need to comply with starting October 1, 2021. This one, though, is simpler than some of the others. If you want to look at the law itself, it’s Public Act 21-69.
The law amends existing law by making it a discriminatory practice for an employer or an employer’s agent to request or require an applicant provide their:
- date of birth
- dates of attendance at or date of graduation from an educational institution.
This prohibition applies to an “initial employment application”, suggesting that an employer can ask for this information later on in the hiring process.
There are two other exceptions to be aware of:
- Employers can ask for this information on an initial employment application if it is based on a bona fide occupational qualification or need.
- Employers can also ask for this information when such information is needed to comply with state or federal law.
Employers should immediately revise any job application (including online job applications) to ensure that these questions are removed.
This law applies to all employers with three or more employees.
For more on this law and other new legislative developments, watch for upcoming details on my firm’s fall webinar series — Coming Next Month!