Anonymous asked Matt Charney, 2/5/2016 12:46:08 PM

What is the legality of asking a graduation year of a candidate if it is not present on a resume? It's helpful in checking background but could also appear as an end run to inquiring about age.

2/5/2016 12:50:01 PM,
Anonymous replied:

This is really easy (disclaimer: you should ask a lawyer as I did not go to law school (I had other options and a soul) but you can't as an interviewer or during a screen or any part of the standard submissions process as a rule, but you can require they fill it out on the background check requesst/authorization form employers are required to have you fill out as they don't technically see that information which is turned over directly to a third party to validate independently. Even if the dates didn't check out the recruiter would never know anything other than they failed due to an educational discrepency. I hope that makes sense but as far as HR stuff goes, that's as straightforward as it gets...