Are you allowed to ask a candidate’s age during the recruitment process? 

It depends on the country. And in some countries, it depends on the state or province, too. 

As a rule of thumb, especially for companies hiring across several countries, it’s best not to ask. Treat it as an unnecessary legal risk. The question may also harm your employer brand by making your company seem ageist. 

Also, consider whether you need the answer at all. Does the role have a genuine age requirement? For most technical roles, the CV and interviews should give you enough material to assess a candidate’s potential, whereas age can distract from it. 

If your concern is experience, set clear requirements for relevant experience rather than relying on age. Just don’t inflate those requirements, as that can rule out good candidates. If your concern is drive or motivation, an interview assesses it far more directly than a number does. 

Here’s a closer look at how the rules differ across the UK, the EU, the US, and Canada. 

European Union 

In the EU, Directive 2000/78/EC sets the general framework against age discrimination in employment: Member States should prohibit any direct or indirect discrimination based on age, disability, religion or belief, or sexual orientation. The directive doesn’t settle whether the question itself is banned, though. 

Germany’s General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG) lists age among its protected grounds. France’s Labor Code (Code du Travail) restricts the information employers may request to what is relevant to the job (Article L1221-6): “Any information requested from a job applicant, in whatever form, may only be sought for the purpose of assessing their ability to perform the proposed job or their professional aptitude. Such information must have a direct and necessary connection to the proposed job or to the assessment of professional aptitude.” 

Since 2022, Denmark has prohibited employers from asking applicants their age in job applications. 

United Kingdom 

Under the Equality Act 2010, which applies in England, Scotland, and Wales (but not in Northern Ireland), age is one of nine protected characteristics, alongside disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (including color, nationality, and ethnic or national origin), religion or belief, sex, and sexual orientation. 

If a candidate is rejected after being asked about age, they may use the question as evidence of discrimination. 

United States 

In the US, the Age Discrimination in Employment Act (ADEA) of 1967 protects workers aged 40 and over. It doesn’t ban the question outright. However, the Equal Employment Opportunity Commission (EEOC) says employers asking about age may face closer scrutiny to ensure that the purpose behind the inquiry is lawful — “because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age”. Some states, such as California, and local jurisdictions have stricter rules. 

Canada 

Canada has no single national rule, but all jurisdictions protect individuals from age-based discrimination in employment. Provinces like Ontario, Alberta, Saskatchewan, and Nova Scotia clearly prohibit inquiries that invite information about age or other protected characteristics during the recruitment process. British Columbia doesn’t explicitly forbid the inquiry, but its Human Rights Tribunal has found age-related interview questions discriminatory in some cases. 

Exceptions 

Where local law prohibits inquiries about age, it typically includes exceptions — for example, for roles where age is a genuine occupational requirement (a “bona fide qualification” in the US and Canada). 

Data protection adds another layer 

In the EU and UK, the GDPR principle of data minimization (Article 5(1)(c)) means employers should collect only the personal data necessary for the purpose. If age isn’t needed to assess a candidate, collecting it is hard to justify. 

What to ask instead 

Avoid workarounds such as “What year did you graduate from college?” Where asking about age is prohibited, proxy questions like this are likely to be treated the same way. 

If the role has a legal minimum age, you can ask about it directly: “Are you over [the minimum age required for the role]?” 

If your concern is actually about something else, such as long-term fit, seniority, or familiarity with a tool, ask about that instead:  

• “Which tools have you used in your recent roles?” 

• “What are you looking for in your next role?” 

Structured interviews, in which every candidate answers the same job-related questions, also reduce the chance that age shapes the decision. 

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