Are employers allowed to ask about age during job interviews?

No, California’s Fair Employment and Housing Act prohibits employers from asking applicants about their age during a job interview. The law protects job applicants and workers from discrimination based on age, which is a protected characteristic.

Employers are not allowed to ask any direct or indirect interview questions that could reveal a candidate’s age. Even seemingly harmless questions may be unlawful. Some examples of restricted questions include:

  • How old are you?
  • What year were you born?
  • When did you graduate high school?

An employer can ask an applicant about their age if the job has a minimum age requirement, such as one that involves serving alcohol. Generally, questions that pertain to a candidate’s qualifications for the position are likely to be acceptable. For example, “Do you meet the legal requirement to work?”

It is unlawful for an employer to make any hiring decisions based on a person’s age. If you suspect your rights have been violated during a job interview, contact Erlich Law Firm. A knowledgeable Oakland employment lawyer can determine whether you have grounds for a legal claim against the prospective employer.

Other Age Discrimination FAQs:


My parents were heavily involved in community organizing. Seeing neighbors and friends’ parents struggle in the workplace gave me a sense of purpose that I wanted to help others. Many employees feel helpless and powerless in the workplace, and helping them vindicate their rights is the right thing to do.

- Jason Erlich

Client testimonials
Jason took the time to explain and guide me through the challenging process, and went the extra steps in consistently providing guidance and putting my concerns and questions high on their list.

Jeff V., Oakland

Jason Erlich made me feel like I was in the right place right away.I had some serious problems with a previous employer and he took care of everything. From the start he helped with my concerns and fears going up against a big corporation.

Susan W., Pacifica

With Jason’s expertise, commitment and aggressiveness, the case is now over and it’s only been 6 months!! I would HIGHLY recommend Jason Erlich to anyone that needs an employment lawyer.

Carla, Petaluma

I can highly recommend Jason Erlich Esq. for any employment law matter. He is an outstanding lawyer, embodies a mix of honesty, knowledge, client care and tough mindset.

Roger J., Oakland

When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.