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Can my current emlpoyer ask my age and make me fill out my age on their papers for their records? This is in nyc

New York, NY |

My current employer keeps asking me to fill out my age on some company contact letter head along with my ss# he claimed the government was asking for this info?? I never heard that state asking for age in any paper that I have filled out, The W2 forms donot have this question. I did not fill out the date of birth because why should he ask this question. I feel like I am being harrassed to fill out my date of birth. I know he is lying and do not feel my personal information should be in their hands. They should have my ss on file not sure why they want to know my age? Is this illegal for him to ask me this information?

Attorney Answers 3

  1. It is not unlawful for your employer to ask for this information.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

  2. In NYC this is suspect, and likely illegal. You can contact an employment lawyer or the NYC Human Rights Commission to discuss.

  3. Your employer may need your age for its EEO-1 filings with the federal government. If your employer provides health and/or life insurance, the insurance carrier would require this information. You should ask your employer why this information is needed. As you stated, you already provided your employer with your social security number for payroll purposes.

    The information provided above is for general purposes only. It does not constitute legal advice or create an attorney-client relationship. Seek competent legal representation, because the facts of each case are different.

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