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Can I collect age information from participants in Kansas? What are the requirements?
Yes, you can collect age information from participants in Kansas, but there are certain requirements that must be followed.
Requirements for collecting age information in Kansas
According to KSAR 21-80-3, any pre-employment inquiry that expresses directly or indirectly any limitation, specification, or discrimination as to age shall be unlawful unless based upon a bona fide occupational qualification. The burden shall be on the employer, employment agency, or labor organization to demonstrate that the direct or indirect pre-employment inquiry is based upon a bona fide occupational qualification.
The following inquiries shall be permissible:
- Pre-employment inquiries regarding the age of an applicant if the inquiry is made in good faith for a non-discriminatory purpose; and
- Pre-employment inquiries to determine that an applicant is over 18 years of age.
Therefore, you can collect age information from participants in Kansas as long as the inquiry is made in good faith for a non-discriminatory purpose or to determine that an applicant is over 18 years of age.
Additional Information
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Jurisdiction
Kansas