Can a California Employer Ask Your Age During a Job Interview?

By Natalia D. Asbill-Bearor

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Employment Laws

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Last Modified on Sep 18, 2026

When seeking a job, many people wonder, “Can a California employer ask your age during a job interview?” Generally, they cannot ask this. If you’re interviewing for a job in Sacramento, California, an employer’s inquiry about your age could be a sign the employer considers age when hiring, which is not lawful.

Why Choose Asbill Law Group?

Asbill Law Group is a Sacramento business and employment law firm that represents employees of all industries and professional backgrounds. Our lawyers have tried employment law cases in California state and federal court against some of California’s largest employers. We provide direct legal guidance, explaining your rights, the evidence you have, and the choices available under California employment law.

California Law Regarding Age

Like federal law, California’s Fair Employment and Housing Act (FEHA) protects job applicants and employees from discrimination based on protected characteristics. California law expressly includes age as a protected characteristic for individuals age 40 or older. California Government Code § 12940 is applicable to the vast majority of California businesses with a minimum of five employees.

California’s employment regulations speak directly to illegal questions about age during interviews. California’s regulations stipulate that unless age is a genuine job requirement, employers can’t ask questions that reveal an applicant’s age group, either directly or indirectly.

Age-Related Interview Questions That May Be Illegal

Sometimes, California employers can figure out how old a candidate is without directly asking their age. Questions that may indirectly reveal age include:  

• What year did you graduate high school or college?
• When is your birthday?
• How many years have you been in the workforce?

During interviews, employers are advised to direct their questions toward an applicant’s qualifications, experience, skills, availability, and their capacity to fulfill essential job requirements. Interviewers should avoid questions that gather information about the applicant’s age.

For fiscal year 2024, the Equal Employment Opportunity Commission saw 16,223 age discrimination-related filings, counting those that also involved other statutes. This is up from 14,144 charges received in fiscal year 2023. That’s an increase of approximately 15% year over year.

Exceptions to the Law

Employers may request age information in limited circumstances. However, an exception exists if age is a bona fide occupational qualification (BFOQ) essential for the ordinary running of the business, according to California regulations.

As an affirmative defense to an age discrimination claim, the employer must prove that all or part of its workforce falls within a specific age limit to satisfy the BFOQ. The employer needs to demonstrate that selecting candidates from a particular age range is a legitimate business necessity, with a reasonable likelihood of being seen as such.

However, employers might still gather age-related details if it’s needed for applicant-flow recordkeeping or to meet reporting obligations. Employers should not use the information for discriminatory purposes and should collect information in accordance with regulations.

Job seekers can find employers located throughout Sacramento. Employers may offer interviews Downtown and Midtown or along popular commuting Routes I-5 and Highway 50. Employers may also locate near employment centers in Arden-Arcade or South Sacramento.

Being Asked Your Age and You Didn’t Get the Job

Asking an illegal interview question does not necessarily prove that an employer refused to hire you because of your age. The context of the decision is important.  Notes from the interviewer, emails or messages from the employer, the wording of the job posting, your qualifications, and the reasons given for not hiring you can all be evidence.

Hire an Employment Lawyer After Suspected Age Discrimination

Job applicants who believe their interview resulted in age discrimination can hire an employment lawyer to learn more about their rights.

A California employment attorney can determine if the interview question likely violated California regulations and whether other evidence supports a potential age-discrimination claim. Your lawyer is equipped to keep communications and employment application records safe, investigate the employer’s stated reason for passing you over, figure out the relevant deadlines, and, if necessary, file a complaint with the appropriate agency.

FAQs

Can an Employer Ask How Long I Plan to Work Before Retiring?

An employer can ask an applicant if they may be able to satisfy the position’s expected schedule or other job commitments. However, a question seeking to identify at what point an applicant can retire may elicit information about an individual’s age or an employer’s age preferences. The overall context in which the inquiry is made and how the employer uses the information it learns can make a difference.

Can an Employer Ask Whether I Am Over 18 in California?

Employers can usually ask whether applicants are at least a certain age if that age is required by law. The employer doesn’t have to ask for the person’s age or date of birth.

Many jobs require employees to meet minimum-age requirements under state or federal law. So an employer can ask if a worker is old enough to meet the law’s employment age requirements, without having to ask additional age-related questions during the interview process.

Should I Answer an Age-Related Question During an Interview?

You do not necessarily have to ask an age-related question during an interview. Instead of answering, an applicant could say that he or she meets the qualifications for the job in terms of experience and minimum employment age. Every interview is different, so if an applicant is ever faced with an inappropriate interview question, he or she may want to write down the question after the interview.

Can a Job Posting Specify a Preferred Age Range?

Preferences for age in job postings can lead to discrimination issues if they make workers age 40 or older feel like they shouldn’t apply. In general, employers shouldn’t focus on an ideal age for a job. Instead, describe the skills, certifications, experience, or physical abilities that are required to perform the job. The language used in an advertisement may be used against an employer in a discrimination claim.

Contact Asbill Law Group Today

If you believe you have been discriminated against during a job interview because of your age, you may be able to seek compensation. Asbill Law Group can help. Contact us today for more information.