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Is it legal for a potential employer to ask what is your household income for the last 90 days?

Employment 3 views 1 answers
My 17 year old daughter was looking for a summer job. She went into a local fast food restaurant and asked for an application. She was informed that employment applications had to be filled out on-line. One of the questions on the online application is, "What is your household income for the last 90 days?" The questions was included along with several others for which the employer indicated that depending on the answers, they may be able to receive tax credits for employing you. The application is the first line of employment with no interview having been conducted nor any offer of employment pending.

Attorney Answer

1
Nathan Kased ·
I am unaware of any laws relating to the investigation of prospective employees which prohibit such a question on a job application. Also, the prospective employer's stated purpose for asking the question (in addition to others)--to obtain a possible tax credit--appears legitimate and otherwise permissible. On the other hand, I suppose there is a remote possibility that if the question (1) plays a significant part in hiring decisions and (2) somehow adversely impacts a protected group as a result (i.e., members of the protected group do not secure employment), then the question may be deemed (unintentionally) discriminatory and therefore legally impermissible. Barring this remote scenario, I see no legal problem with the application question.
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