On April 14, the Connecticut legislature has passed, and Governor Lamont has signed, Public Act No. 21-69, An Act Deterring Age Discrimination in Employment (“ADADE”), and the law is slated to go into effect on October 1, 2021.
The ADADE amends the Connecticut Fair Employment Practices Act at § 46a-60(b) by adding a subsection (12), which prohibits employers (and third-parties acting on their behalf)
to request or require a prospective employee's age, date of birth, dates of attendance at or date of graduation from an educational institution on an initial employment application, provided the provisions of this subdivision shall not apply to any employer requesting or requiring such information (A) based on a bona fide occupational qualification or need, or (B) when such information is required to comply with any provision of state or federal law.
What employers need to know about this new statute is that generally, unless they have an extremely compelling reason, employers may not ask job applicants for any age or age-related data on the application form. While exceptions for bona fide occupational qualifications and compliance with federal and state law exist, it can often be difficult for employers to fully understand when age-related data is a bona fide occupational requirement or otherwise required by law; we therefore advise all employers who wish to seek age-related data from job applicants to consult with experienced employment counsel before taking any action that could subject them to liability under this new amendment to the Connecticut Fair Employment Practices Act. The law does not preclude employers from requesting dates of birth for background investigation purposes in the event the information is requested after the initial employment application is submitted by the applicant.