Do you have to tell a job your age?

Given that older workers face epidemic age discrimination in hiring – particularly women –  it may be tempting to lie about your age when filling out a job application or at a job interview.

There may be cosmic justice in this.

In recent years, several lawsuits have been filed alleging that employers and search firms use  internet technology to weed older worker out of the applicant pool. Employers use social media to target employment ads to younger workers exclusively and they rig computer software to divert the resumes of older workers into a digital trash can.

So it may seem like a harmless indiscretion to fib about your age to get a job.

Clearly, job applicants do lie. According to a 2017 survey by YouGov, a British market research firm, most of the lies told by job applicants involve education and qualifications. However, about 3% of Brits admitted to lying about their age on their resume.

But should you?

Ethical Considerations

As Fats Waller once sang, it’s a sin to tell a lie. It also may be unethical. While it is unlikely, if you are a licensed professional, you could be subject to a complaint with a licensing board that would put your license in jeopardy.

Federal jobs involving law enforcement and air traffic control often specify a maximum entry age, generally 34-37 years. Applicants who lie about their age to qualify for these jobs could be prosecuted for making false or fraudulent statements and face a fine or imprisonment.

A few years ago, Wayne Simmons, a Fox News commentator who claimed to have worked for the Central Intelligence Agency for almost three decades, was sentenced to 33 months in prison for fabricating his agency experience.

Employment applications often contain a disclaimer stating that it is grounds for termination if an applicant lies. A lie that is discovered even decades later could prevent a worker from filing a lawsuit against the employer or could limit potential damages.

Odds of Success?

Another consideration is what is the likelihood of getting away with the lie?

It would be foolhardy for a 65-year-old woman to claim to be 21 on her job application and then show up for an in-person job interview. The lie would be immediately apparent. Clearly, the odds of success are greater if the amount of time shaved off your life span is shorter.

 At some point, you may ask how much difference a few years will really make.

Employment Status

Success with respect to lying about your age is directly tied to your employment status.

The Immigration Reform and Control Act of 1986 requires employers to file a document called Form I-9 with the U.S. Citizenship and Immigration Services (USCIS) “each time you hire any person to perform labor or services in the United States in return for wages or other remuneration.” Remuneration is defined as anything of value given in exchange for labor or services, including food and lodging.

The form includes a section that must be filled out by workers after they have been hired but prior to their first day of work called Employee Information and Attestation. This section requires workers to provide their date of birth. The form notes that “federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form.”

Additionally, employees must supply a document(s) from a list approved by the USCIS to verify their identity and eligibility to work in the United States.

All of the documents on the USCIS A list, which establish both identity and employment authorization, include a birth date. These documents include U.S. passport, driver’s license and  permanent resident card. Alternatively, workers can provide a combination of documents from lists B and  C that do not include a birth date. For example, an employee might provide a voter registration card to establish identity and a U.S. Social Security Card to establish eligibility to work in the U.S.

But there’s still the matter of the attestation of truthfulness in Section 1. According to a spokesperson for the USCIS: “Employees may be subject to charges if they lie or present false documents for Form I-9.”

Workers Not Subject To I-9 Reporting

Employers do not have to submit a Form I-9 for some types of workers, which would eliminate the need to provide a birth date.

If you are a Hollywood actress, you probably don’t have to worry about lying about your age because you are in all likelihood an independent contractor. You work for yourself and provide services to another entity under the terms of a contract. In addition to independent contractors, employers do not have to file Form I-9s for:

• Workers who perform “casual domestic labor in a private home on a specific, irregular or intermittent basis.”
• Individuals who are employed by a contractor that provides services to the employer (i.e., temp agencies). They work for the contractor, which must complete a Form I-9 for each worker.
• Individuals who are not physically working in the United States.

Is it worth it?

The final consideration should be whether it is worth even a white lie to work for an employer that engages in age discrimination in hiring? You may get your foot in the door but how long you will be permitted to stay in a workplace that places no value on qualifications and experience and penalizes workers who possess these qualities?

Do you have to tell employers your age?

Can you lie to a job about your age?

Is it illegal to ask age at work?

Can I apply for a job before I turn 18?