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it is legal, but the employee isn't obligated to answer and can't be legally hired or fired based on the answer

Another View: If you are being interviewed for a position asking such a question is improper and probably against the law. HOWEVER - OF COURSE once you are hired you must. That information is necessary to report all kinds of required business and government-tax related information, etc.

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Q: Is it legal for an employer to ask for the birth date?
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