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Target Online Job Application Question - Age Discrimination?

Fort Lauderdale, FL |

As one progresses through the online form s/he comes across this question which must be answered to continue "Are you older than 18 or younger than 40." The following screen requires the insertion of a complete birthdate. Again, this must be done to continue to the next page. Please, employment attorneys only. Do you smell a class action suit?

I'm aware how hard it is to prove age discrimination especially in light of a recent article I read online.

Attorney Answers 1


No class action lawsuit here based on that alone. While it is logical to question why Target is asking the quesition in that manner, it is not illegal for a potential employer to require the birthdate of a potential employee. Target may simply be collecting data in that manner to make it easier to compile their EEOC compliance report. What might be illegal age discrimination is if Target did not hire anyone who was over 40. Go to to read more about age discrimination and what evidence is needed.

Bonnie Riggens
Law Office of Bonita M. Riggens
669 1st Ave. N.
St. Petersburg, FL 33701
Phone: 727-898-1401
Fax: 727-823-7351
Employment law representation: Contracts (Noncompete Agreements, Severance Negotiations), Defamation, Discrimination (Age, Disability, Gender, Pregnancy, National Origin, Race, Religion), Family and Medical Leave Act, Overtime Law. Privacy Law, Retaliation and Whistleblower Law, Sex Harassment, Unemployment Compensation, Unpaid Wages, USERRA

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I was recently turned down by target after applying for a cashiers job that I am plenty qualified to fulfill. I'm exactly 40 and I have to say that question did stand out to me and strike me as odd. I've since been finding out online that Target has a long standing practice of discriminating based on age and that they've been sued many times for firing employees once they reach a certain age. I can't help but feel that question is on the survey for the auto system to specifically weed out anyone over 40 years of age. Needless to say, I won't be spending any more money in their store.

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