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Can I collect age information from participants in Oklahoma? What are the requirements?
Collecting Age Information from Participants in Oklahoma
Yes, you can collect age information from participants in Oklahoma. However, there are specific requirements for age verification depending on the context.
Age Verification for TANF Program Participants
If you are collecting age information from participants in the TANF program, you can accept the parent or guardian’s statement to establish the child’s age, unless the information is inconsistent with other facts or observations that cause the worker to question the parent or guardian’s statement. When questions exist, the parent or guardian must verify the information. Acceptable documents for age verification include an original or certified birth certificate, acceptable hospital certificate, or Form 08MA015E, Reporting of Newborn Child of SoonerCare Member, when available. If the parent or guardian provides other birth information from hospital records other than an acceptable hospital birth certificate, birth scrolls, and similar records, he or she must provide two other documents that show the same birthdate for the child, with no evidence to the contrary. Documents include baptismal, confirmation, or other church and parish records, passports, court records, insurance and burial policies, social agency records, records from a public or private hospital, other type of institution, or home, giving the child’s birthdate at the time of admission, family records, such as an entry of a child’s birthdate in a family Bible or other similar document when no changes were made to the entry by erasure or overwriting, records from the child’s school or school district office, or United States Census records. [2.1]
Age Limitations for Apprenticeship Programs
If you are collecting age information for entry into bona fide apprenticeship programs, entry into most apprenticeship programs has traditionally been limited to youths under specified ages. This is in recognition of the fact that apprenticeship is an extension of the educational process to prepare young men and women for skilled employment. [4.1]
Age Discrimination on Employment Applications
If you are collecting age information on an employment application form, you should be aware that a request on the part of an employer for information such as “Date of Birth” or “State Age” on an employment application form may tend to deter older applicants or otherwise indicate discrimination based on age. Employment application forms which request such information will be closely scrutinized to assure that the request is for a permissible purpose and not for purposes proscribed by the Act. That the purpose is not one proscribed by the statute should be made known to the applicant, either by a reference on the application form to the statutory prohibition or by other means. [4.2]
Age as a Bona Fide Occupational Qualification
If you are collecting age information as part of a bona fide occupational qualification, whether occupational qualifications will be deemed to be “bona fide” to a specific job and “reasonably necessary to the normal operation of the particular business,” will be determined on the basis of all the pertinent facts surrounding each particular situation. An employer asserting a BFOQ defense has the burden of proving that the age limit is reasonably necessary to the essence of the business, and either that all or substantially all individuals excluded from the job involved are in fact disqualified, or that some of the individuals so excluded possess a disqualifying trait that cannot be ascertained except by reference to age. [4.3]
Age as a Protected Classification
In November 1985, Title 25, Oklahoma Statutes, was amended to add age as a protected classification. [4.4]
It is important to note that these requirements may not apply to all situations, and you should consult with a legal professional for specific guidance on collecting age information in your particular context.
Source(s):
- [2.1] Fingerprinting of Persons Under Eighteen Years of Age
- [4.1] Age limitations for apprenticeship programs
- [4.2] Age discrimination on employment applications
- [4.3] Age as a bona fide occupational qualification
- [4.4] Amendment to Act adding age as a protected classification
Jurisdiction
Oklahoma