Employer can ask about age but be wary of implications
While visiting websites of several companies I noticed they require candidates to fill out a job application before the interview, including authorization for criminal background and credit checks. I am OK with that. However, it requires me to disclose personal information including my date of birth. From experience, I have found disclosing my age that early in the game is a nonstarter. How can I handle that? I thought there were laws against asking about your age.
There is no simple answer to your question. Federal law, as spelled out in the Age Discrimination in Employment Act, does not prohibit an employer from asking an applicant's age or date of birth. Federal law allows an employer to ask your age or date of birth if there is a legitimate reason for them to ask for that information -- such as to perform background checks or for identification purposes.
''There is nothing inherently illegal or impermissible about an employer's request for date of birth," says Robert Gordon, a partner at Ropes and Gray.
Where the answer to your question becomes more complicated is looking at the possible implications of an employer's knowing your age. Will your age factor into their hiring decision? You always have the option of not applying to companies that ask for your date of birth upfront, if you are concerned that those companies might be biased against older employees.
The age bias act clearly states that ''requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose," rather than for the purpose of discriminating against potential hires based on age. For additional information, visit the website of the Equal Employment Opportunity Commission, www.eeoc.gov/types/age.html.
In the past, if you wanted to, you could leave the date of birth request blank. However, employers need your date of birth to conduct background criminal and credit checks. In the post-9/11 workplace, an increasing number of companies are conducting these background checks upfront, rather than at the end of the hiring process. This practice may end up deterring ex-offenders, people with poor credit reports, and older workers alike from applying for employment.
Also, you realize that leaving just the date of birth blank while including dates such as the years that you graduated from high school and/or college is useless. It doesn't take a math genius to determine your age from other clues. ''The best practice for an employer would be not to ask for the birth date until it has decided to hire the employee, subject to the completion of the background check," says Marc Terry, a labor and employment lawyer specializing in representing employers. ''This approach can show that the employer has no interest in the employee's birth date, except to conduct the background check.
For you the applicant, if you truly want to keep your age a secret during the interview process, you have several options. Try to apply for jobs that ask for a resume and a cover letter, rather than an application. On a resume, you can omit the dates when you attended college, and you need only highlight your work experiences of the past 10 to 15 years.
The approach to finding a job that yields the best results is to network your way into an interview. If a colleague or network contact can help you gain access to an employer, you can bypass the upfront background check and revelation of your age.
This is an excellent way to ''get leads and an inside track," says Robert W. Murphy of Human Resource Partners Inc. ''When an applicant has a company in mind, if he or she can find any employee or hiring person working there, it may be possible to make a direct connection, avoiding the extensive paperwork until there is some mutual interest."
One reason there is so much confusion around the issue of whether an employer can ask an applicant's age is that pre-employment fact sheets on websites such as the Massachusetts Commission Against Discrimination indicate that employers are prohibited from asking questions such as where the applicant was born, how old the applicant is, and date of birth.
These restrictions apply if the employer were to ask these questions in an interview and/or for the sole purpose of screening out a candidate on the basis of age, unless a candidate's age is a bona fide job requirement. For more information, visit the MCAD website at www.mass.gov/mcad/preemployfactsht.html.
If you project confidence that you can add value to the company, the employer will be more interested in your skills, background, experience, and potential contribution than in your age.
Portfolio could include nonprivate information
I'm compiling a portfolio of my writing samples. Much of my best work, and all of my recent work, has been done at my current job, where I write announcements, send out notices from the bigwigs to all employees, write some public relations pieces, etc. I've happily taken on this role although it was never in my job description -- they found out I could write well, and asked me to assist. My question concerns privacy as I use these samples in my portfolio. I'm wondering what and how much I need to redact -- e.g., company references, employee names, etc.
Your concern for your employer's confidentiality and privacy is admirable. You most likely would not want to include anything in your portfolio that contains confidential business information.
On the other hand, feel free to include in your portfolio any documents in their entirety -- such as press releases that you produced for public distribution. If there is no confidential or proprietary information in a piece that you have written, you can include the complete document in your portfolio. A successful strategy might be to compile your portfolio primarily with pieces distributed outside your company. Then, if you wanted to add internal correspondence, do so with the appropriate redaction.
Consider your portfolio a ''work in progress." Show it to colleagues and professionals in your field. Get feedback. Developing a compelling portfolio will be a key component in your job search.
Firm appears to comply with (401)k regulations
I work for a large employer in Boston, more than 1,000 employees. I contribute to our 401(k) plan maintained by a large national brokerage. There is no match. I have noticed that my contribution is not deposited into my account promptly. I am paid every other Wednesday. My 401(k) money isn't in the account until nearly a week later, and it's getting worse. What is my employer's obligation to ensure the timely deposit of my 401(k) contribution?
The Department of Labor's Employee Benefits Security Administration has oversight over employer compliance with regard to retirement plans such as 401(k) plans, under the Employee Retirement Income Security Act.
''Employers must deposit employee deferrals," such as deposits to 401(k) plans, ''as soon as they can reasonably segregate that money from the company's general assets, says John Chavez, an agency spokesman. That time period, he added, cannot ''exceed 15 business days following the end of the month when the deferrals are taken." Also, employers have until the end of the year to make company contributions into a 401(k).
Your employer appears well within compliance. Your employer is under no obligation to make your 401(k) deposit at the same time that it issues your paycheck. For more information, go to the government's website, www.dol.gov/ebsa. Also refer to your company's 401(k) ''summary plan description." It will detail your company's policies and practices concerning all 401(k) issues.
E-mail questions to jobdoc@globe.com or mail to Job Doc, The Boston Globe, P.O. Box 55819, Boston, MA 02205-5819. Roni F. Noland, is a freelance writer and career counselor/coach based in Milton. She specializes in work/life, career change, and workplace issues. 
