Job applicant’s age can be tricky issue
Question: Is asking a job applicant to provide his or her date of birth on an application form prior to being hired legal?
Answer: From Rochelle Sparko, Legal Aid attorney: The Hawaii Civil Rights Commission lists helpful guidelines. It is lawful to ask about an applicant's age if the employer is unsure if the applicant meets the minimum age requirement set by law. After someone is hired, it is lawful to require proof of age (if age is a legal requirement) or if the inquiry serves a legitimate record-keeping purpose. It is unlawful for employers to require that the applicant provide his or her age or date of birth. It is also unlawful to ask an applicant to produce proof of age in the form of a birth certificate or baptismal record. It is unlawful for employers to use phrases such as "young," "college student," "girl," "boy," "recent college graduate," "retired person" or "supplement your pension." It is unlawful to ask for dates of attendance of elementary school, high school or college.
Q: My husband and I have been married for more than five years, and he has grown close to my children from a former marriage. He would like to adopt them and give them his last name. I am currently receiving child support from my children's father, who is my ex-husband. If my current husband adopts my kids, will the child support payments stop?
A: According to Sheri Rand, Legal Aid's adoptions manager: Yes. Once an adoption is granted to a petitioner (in this case, a stepfather) listing them as the parent, the former parent (also known as the biological parent) is no longer responsible for paying any new child support payments starting from the effective date of the adoption. The biological parent will still be responsible for any child support that was due prior to the adoption.
Q: Do I have to go to court for a guardianship?
A: From Rand: Yes. There must be a Family Court hearing and an order from a judge to become the guardian of a minor child.
Legal Aid Society of Hawaii operates statewide. Practice areas include housing, public benefits, consumer and family law but not criminal law. For information, call 536-4302. Submit questions by e-mail to firstname.lastname@example.org
or by U.S. mail to Legal Aid Q&A, 924 Bethel St., Honolulu, HI 96813.