Should client reveal his age up front?

It is illegal for an employer to discuss age period. Age should never be discussed during and/or after an interview. Additionally, it should not be placed on neither the resume or cover letter. According to the Equal Employment Opportunity Commission (EEOC), Age discrimination involves treating someone (an applicant or employee) less favorably because of his age.

The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.

It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.

Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.

Photos With Resumes: Legal or Illegal

Question: What is the definitive legality regarding a company asking for an accompany photo with a candidate's resume? Can anyone give a concrete yea or nay reason? I am seeing an increase in job postings asking for candidates to send in a photo along with a resume, and I feel that is just setting up companies for potential discrimination lawsuits.

Answer: Here is some content from the Equal Employment Opportunity Commission (EEOC) office of legal counsel that sheds some light on this topic:

"Under Title VII, it is not illegal for an employer to learn the race, gender or ethnicity of an individual prior to an interview. Of course, Title VII requires that all individuals be provided equal, nondiscriminatory treatment throughout the hiring process. If an employer representative observes a job seeker in a video clip, and either learns or surmises the person's gender, race, or ethnicity, such knowledge could increase the risk of discrimination or the appearance of discrimination. Employers need to take care in training hiring officials and human resources staff about the appropriate responses when gender, race, or ethnicity are disclosed during recruitment. Video clips might be analogized to information on a resume that clearly tells an individuals race, such as, "President, Black Law Students Association." In this situation, as with the video clip, the employer needs to focus on the person's qualifications for the job."

Illegal Interview Questions to Avoid

ILLEGAL: “Do you have any disabilities? Any recent illnesses or operations?”
LEGAL: “Are you able to perform the essential job functions?”

Discriminating against the disabled, whether wheelchair-bound or clinically depressed, is a classic example of illegal hiring practices. But the employer still has a right to make sure you can do the job you’re hired for and rephrasing the question accordingly is within their rights.