Next month, Connecticut legislators from across the political spectrum are set to formally introduce a bill prohibiting employers from inquiring into a job applicant’s age, birthday, or graduation date, unless necessary for a bona fide employment reason.  At an announcement on Thursday, January 16, 2020, a wide ranging group of elected officials and other stakeholders heralded the measure as a protection for older workers facing age discrimination in the labor market.  Connecticut has the sixth oldest workforce in the country.  A similar bill, H.B. No. 6113, passed the Labor Committee last year, but was never presented for a vote in the House.

Connecticut has made incremental progress fighting discrimination through prohibiting certain interview screening questions.  Laws passed in 2016 and 2018 banned questions concerning an applicant’s criminal history and pay history, respectively.

While asking an applicant’s age is not yet explicitly illegal under state or federal law, it could provide a basis for an age discrimination claim.  Accordingly, we recommend that employers refrain from asking job applicants their age, or information from which age could be derived.  Murtha attorneys are available to discuss this bill and any other hiring issues your organization may face.

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Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction…

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction, retail and service firms; and emerging companies, seek Sal’s legal counsel to navigate today’s complex local, state and federal employment laws. His practice includes resolving disputes; advocating in courts and before administrative agencies; counseling on employment-related issues arising from acquisitions; and guiding clients in both long-range strategy and day-to-day administration of their workplaces and employees.

At the federal level, Sal brings extensive experience in OSHA investigations, audits and proceedings; the Fair Labor Standards Act (FLSA); Title VII discrimination matters; the Age Discrimination in Employment Act (ADEA); the Americans with Disabilities Act (ADA); and the Family Medical Leave Act (FMLA). He is also well-versed in state and local employment regulations.

Sal regularly represents clients in matters before the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor and other federal agencies. On the state level, he appears before the New York State Division of Human Rights; the New York City Commission on Human Rights; the Connecticut Commission on Human Rights and Opportunities; the Connecticut Department of Labor; and the New York State Department of Labor. He has litigated cases involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty and other work-related common law claims.

Clients rely on Sal’s advice on routine human resources matters that arise in their businesses, including requests for reasonable accommodation for those with disabilities, family and medical leave issues, hiring and termination, and wage and hour concerns. Known for his proactive approach to identifying issues before they escalate, he conducts compliance training on sexual harassment prevention and other topics, performs worker classification practice and policy audits, and drafts employment policies and agreements. Sal shares his knowledge of the ever-evolving employment law landscape by speaking at events, conducting continuing legal education seminars and writing articles for a variety of publications.