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    sherrym's Avatar
    sherrym Posts: 3, Reputation: 1
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    #1

    Sep 2, 2008, 02:20 PM
    Can I ask for Identification at a job interview?
    In the State of Pennsylvania, I have been told it is not discrimination to ask for ID at a job Interview but yet I am told by a Human Resource Manager that it is. Can you help me?

    Thanks.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #2

    Sep 2, 2008, 02:41 PM
    I know that it would be illegal to ask for some of the information that would be contained on a person's ID ( I assume you're talking driver's license, etc?). But if you're not asking directly for that info, but want to see the ID for some other security reason, for example, I don't know.

    May I ask the purpose you want to see the ID for? Are you alone, in an isolated place and feel unsafe, or do you suspect someone of something? Some kind of false identity or something? Otherwise I can't see a reason to see ID for an interview. Most people looking for a job probably are who they say they are. And once hired, I believe would have to show the proper documentation at that time.
    Gem_22205's Avatar
    Gem_22205 Posts: 976, Reputation: 129
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    #3

    Sep 2, 2008, 03:06 PM
    It is considered a Interview Dont as far as asking for identification prior to the offering of a position. Only after hiring can an employer ask for a photo identification (while completing the I-9 form) to confirm the identity of the employee. A photo may be taken after hiring the employee if the company requires photo I.D.'s be carried by all employees.
    sherrym's Avatar
    sherrym Posts: 3, Reputation: 1
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    #4

    Sep 2, 2008, 03:08 PM
    I am finding most of the time individuals do not have the proper ID to hire them. By asking to see their ID, this ensures that if they have the qualifications for the position we would be able to hire them right away without having to wait for them to obtain a photo ID and Social Security card or birth certificate etc. I do explain that to them during the interview. Too many times during the interview I ask them if they have the proper ID and they tell me they do then if we hire them, they don't, they seem to have lost something. I like to ask them to bring it to the interview with them so I can see it. I do not keep a copy of it. I obtain it when I hire them.
    sherrym's Avatar
    sherrym Posts: 3, Reputation: 1
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    #5

    Sep 2, 2008, 03:12 PM
    Can you direct me somewhere where it tells me that it is a Don't?
    Gem_22205's Avatar
    Gem_22205 Posts: 976, Reputation: 129
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    #6

    Sep 2, 2008, 03:23 PM
    Here is the link requested. It falls under the category of RACE:

    donts
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #7

    Sep 2, 2008, 06:10 PM
    Ok, I understand. You're basically trying to avoid wasting time on offering jobs to people who you can't actaully HIRE??

    Do you think they just don't take you seriously about having to cough up an ID? Or is there a language barrier and they don't really understand what you're telling them about needing an ID?

    Please don't take this the wrong way... I guess I'm wondering if "everyone" basically gets hired? Or do you actually turn people away based on lack of experience or other factors other than a lack of ID? If having an ID is one of the more major factors could you just "hire" them, instead of "interviewing" them. Then the first item on the new hire check list can be "Bring ID".?

    I don't know. I can see why you can't ask for one, but I definitely see your quandry.

    Do you hire tons at once, or is it a frequent, one-at-a-time thing? I was just thinking maybe everyone should have to show ID at a security check point or something prior to entering the building, or the HR area, or wherever you're interviewing. Then no ID, you don't even make it to the interview. As long as everyone had to show ID (which lots of companies and schools, etc make people do... ) there'd be no discrimination.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Sep 2, 2008, 06:54 PM
    Quote Originally Posted by sherrym
    I am finding most of the time individuals do not have the proper ID to hire them. By asking to see their ID, this ensures that if they have the qualifications for the position we would be able to hire them right away without having to wait for them to obtain a photo ID and Social Security card or birth certificate etc. I do explain that to them during the interview. Too many times during the interview I ask them if they have the proper ID and they tell me they do then if we hire them, they dont, they seem to have lost something. I like to ask them to bring it to the interview with them so I can see it. I do not keep a copy of it. I obtain it when I hire them.


    What kind of jobs are you filling? You can't legally ask about age, marital status, etc. so I wonder what type of ID you could ask to see that would be within the law - ?

    I've asked people to bring in ID in the event they are hired and fill out papers, show ID, on the "spot," so to speak, but never saw/checked ID prior to hiring.

    Interesting question -
    rollingstop's Avatar
    rollingstop Posts: 6, Reputation: 1
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    #9

    Oct 15, 2008, 11:55 AM
    I ask for ID's in an interview because it's the only way for me to remember who was who, especially after you've done 10 in a row.

    The law says it is illegal to discriminate based on age. I don't believe it says you cannot ask for an ID. You just can't discriminate. Furthermore, the Age Discrimination Act of 1967 was designed to protect old people from being unfairly discriminated against. So if I ask a 28 year old for his ID, how could I discriminate even be accused of using that against him to not hire him because he is too old?

    Here is a copy of the Age Discrimination Act:
    The Age Discrimination in Employment Act of 1967

    Will someone point out THE LAW that says it is illegal to ask for an ID?
    rollingstop's Avatar
    rollingstop Posts: 6, Reputation: 1
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    #10

    Oct 15, 2008, 11:57 AM

    A previous poster said 'You can't legally ask about age, marital status, etc.'

    Can someone point me t the statue that says this? Not some website that says 'you shouldn't' but what does the law say, what is the penalty for asking this question?

    Has anyone ever gone to jail or paid a fine for asking "how old are you?"
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Oct 15, 2008, 01:13 PM

    "For years, lawyers have counseled their clients to avoid questions that relate to age, sex, race, religion, national origin, or dis; ability--areas covered by federal civi-lrights laws. But even the most savvy companies make basic mistakes that can open the door to civil-rights charges. For example, while conducting a recent seminar about interviewing practices for employers, Clifford M. Keen Jr., an associate professor of business law at the University of New Orleans, was surprised when one corporate executive asked if it is permissible to inquire about an applicant's birth date.

    Such a question is 'prohibited by a 29-year-old federal ban on age discrimination as well as by age-bias statutes in many states. Nevertheless, many employers continue to ask about age on application forms and in face-to-face interviews, says Koen.

    I didn't pull the Federal Law but I'm sure if you are interested you can find it.

    Thorny issues in hiring - illegal job interview topics - includes related articles | Nation's Business | Find Articles at BNET
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #12

    Oct 15, 2008, 01:27 PM

    First you should not even know someone is 28, you can know they are over 18, that is it.
    You are not suppose to ask race or anything, if you keep a copy of their ID they can claim many things against them.

    The way you are to remember them is by taking notes of each person,
    rollingstop's Avatar
    rollingstop Posts: 6, Reputation: 1
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    #13

    Oct 15, 2008, 02:21 PM
    It is not illegal to ask to see a persons ID. It is illegal to discriminate on the basis of age. The information itself is not illegal to posses. It is the discriminatory USE of that information is illegal.

    I previously posted a link to the statute. Read it.

    You are correct, someone may choose to sue you, claiming age discrimination, using the fact that you asked for an ID as proof that you intended to discriminate. Of course anyone could sue your for anything couldn't they..

    And furthermore if that person is clearly in their 20's then I don't think they could sue you for age discrimination, anyway could they?

    "Yes your honor, I asked for the 28 year olds ID in case he was 65, so I could discriminate against him"... it doesn't even make sense.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    Oct 15, 2008, 02:25 PM
    Quote Originally Posted by rollingstop View Post
    It is not illegal to ask to see a persons ID. It is illegal to discriminate on the basis of age. The information itself is not illegal to posses. It is the discriminatory USE of that information is illegal.

    I previously posted a link to the statute. Go ahead and read it.

    You are correct, someone may choose to sue you, claiming age discrimination, using the fact that you asked for an ID as proof that you intended to discriminate. Of course anyone could sue your for anything couldn't they..

    And furthermore if that person is clearly in their 20's then I don't think they could sue you for age discrimination, anyways could they?

    "Yes your honor, I asked for the 28 year olds ID in case he was 65, so I could discriminate against him".... it doesn't even make sense.


    Do you work in HR or the legal system? If you worked in the Courts you would be well aware that discrimination happens at every age level and frivilous Federal lawsuits are filed every day. Sixty-five is not the age at which discrimination begins.

    Why you would take a chance and have someone scream discrimination, I don't know. If your research indicates it's legal, ask the question and advise other people to ask the question.

    And, no, I'm not going to read the Statute.
    rollingstop's Avatar
    rollingstop Posts: 6, Reputation: 1
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    #15

    Oct 15, 2008, 02:29 PM
    NO, but I was actually just sitting with our lawyer (for something different) and I brought this subject up, and she is the one who said that 'possession of the information' does not mean that you intend to use it to discriminate.

    You are correct that the safest thing to do is not take the risk. But I wonder, statistically, how big a risk it really is.

    I've been running a business many years and have found that many of the things that become conventional wisdom are just plain untrue, and get perpetuated for no good reason. That's why I am always looking for the data, and the truth.

    I guess what I take exception to is that people say "you cannot do this or that because it is illegal" and in fact this is plain wrong. The correct thing to say is "it is advisable to not due this or that because it increases your exposure to risk of a lawsuit".
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #16

    Oct 15, 2008, 02:43 PM

    Actually in many states it is illegal to ask someone's age, so asking to see an ID, is making them show age.

    Other laws, if you post a job in the help wanted and merely place a phone number, if it is not equipped for the hearing impared, a address to apply has to be given
    rollingstop's Avatar
    rollingstop Posts: 6, Reputation: 1
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    #17

    Oct 15, 2008, 02:51 PM
    This is an urban myth. Two myths actually:
    - you cannot ask an applicant his age
    - you cannot ask for an ID

    Ok... it might not always make business sense to ask an applicant his age, but it is not against that law.

    "Federal law does not prohibit employers from asking an applicant's age or date of birth"
    Youth At Work: Age Discrimination - FAQs

    Furthermore, age discrimination doesn't even apply under age 40 apparently. Read the statute.

    Honestly I'm not trying to argue, I just want the truth. I'd be happy to retract this. But I cannot show you the law doesn't exist. Because it doesn't exist! The burden has to lie on the parties who want to prove it's existence.

    If anyone is going to claim that it is illegal to ask for an ID in an interview, please show me the law, in any state, to back up your claim.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #18

    Oct 15, 2008, 03:03 PM
    Quote Originally Posted by rollingstop View Post
    This is an urban myth. Two myths actually:
    - you cannot ask an applicant his age
    - you cannot ask for an ID

    Ok... it might not always make business sense to ask an applicant his age, but it is not against that law.

    "Federal law does not prohibit employers from asking an applicant's age or date of birth"
    Youth At Work: Age Discrimination - FAQs

    Furthermore, age discrimination doesn't even apply under age 40 apparently. Read the statute.

    Honestly I'm not trying to argue, I just want the truth. I'd be happy to retract this. But I cannot show you the law doesn't exist. Because it doesn't exist! The burden has to lie on the parties who want to prove it's existence.

    If anyone is going to claim that it is illegal to ask for an ID in an interview, please show me the law, in any state, to back up your claim.


    I have the feeling you would be happier on one of the debate boards - no one here is going to research the law in every State to prove you or FrChuck or me, for that matter, wrong or right. There is no burden here for anyone to prove anything. No one here has to prove "it's" existence. If you have the time and inclination to post all of the States and the law which does not say this, we'd all be happy to read your research.

    Age discrimination applies at ANY age - there are simply more lawsuits filed at and after 40. You may want to post the law that says age discrimination doesn't apply under age 40. I read the Statute and I'm not seeing that.

    Once again I am curious why one person who never posted before suddenly shows up and is argumentative. Can't say, "I don't think is the law because ..."

    Anyway, I think this discussion is pointless.
    rollingstop's Avatar
    rollingstop Posts: 6, Reputation: 1
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    #19

    Oct 15, 2008, 03:14 PM
    Sorry if I come across argumentative. I don't mean to.. I just want the truth.

    I googled "ask for ID in a job interview" and this thread was the number two response. This site seemed authoritative to me, so I signed up to see if anyone could help me find the truth.

    This thread is pointless.. because no one here can point to what the law really says.

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