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Hi fishes,
I have 4.5 years of experience in .net and angular in cognizant I'm working I got call from Genpact but In Genpact they are asking me join as lead consultant is it normal software engineer position or what any idea ..for only 4.5exp is it sufficient for lead consultant position.. firstly what is the responsibilities for lead consultant in GenpactGenpact
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It is not illegal to ask for DOB. Under the US Age Discrimination in Employment Act (ADEA), it is illegal to discriminate against job applicants who are 40 years old or older. There are also additional federal requirements for entities that receive federal financial assistance, and some state laws that prohibit discrimination against younger applicants. Asking for DOB as part of a job application presents potential age discrimination risk and could expose the company to claims for age discrimination (US is a relatively high litigation risk jurisdiction). But unless there is actual age discrimination, merely collecting DOB is not necessarily unlawful.
Note that none of the above is a privacy law issue.
Under US privacy laws, there is also no general prohibition on collecting DOB (including in the employment context) and DOB is treated similarly to any other category of personal information. DOB is a noticeable data element under some state data breach notification statutes, so collecting it increases risk under those laws.
Sure it’s definitely a best practice not to ask. But it’s not illegal to ask. And while it’s relatively rare, it’s still common enough that there are a lot of people asking about it online.
Yes, illegal in US. Employment laws key off where the candidate is located, not off where corporate HQ are.
Mentor
It depends if they have a local entity or not. Assuming they employ people in the US via a US subsidiary, then it's illegal. But if they just have a branch office, our employment laws may not apply depending on where the main company is located, the employment laws of the main country, and any treaties between that country and the US.
See Sumitomo Shoji America, Inc. v. Avagliano, decided by the U.S. Supreme Court in 1982. We learn about this case in law school, but it's never come up before.
Yes, they do employ workers in the U.S., and the company has a main headquarters here as well.
Conflicting information here. It is definitely illegal if the employee is located in the US. Also especially weird to ask for that information on a referral form.
Please cite the applicable law. Pro tip: you can’t.
It isn’t illegal. It just isn’t advisable to avoid potential discrimination claims. Not that this is “privacy” law in any event.
Agree with the others that have said asking for DOB is not inherently illegal. There are plenty of government jobs with maximum ages and if I’m not mistaken even Deloitte has a maximum age (for partners).
In this case, asking for DOB for a referral is most likely collected to ensure the person making the referral actually knows the person well enough to obtain their birthday. Hopefully the birthday is then not shared with HR to avoid the possibility of its misuse for discrimination.