When Can Employers Ask Your Age or For Photographs

[PandorasBox]

My question involves labor and employment law for the state of: Michigan (and anywhere else!)

I know this is legal in the Entertainment Industry (Film/TV; Modeling; Strip Clubs; Sports Team Cheerleaders), to ask for things like measurements; specify sex (male/female); age range; and even ask for photos.

Is this legal for jobs like Bartending/Waitressing? I can see where some places like Hooters, Wing House, for examples, may see this as being Entertainment Industry. But when the are listed under Food/Bev/Hospitality, could that be considered discrimination?

PS: Many of these job aps do not even ask for stuff like criminal records, SSN, drivers license....so results of a background check are eliminated.

[cbg]

It is not illegal, per se. Regardless of the industry.

However, lacking a BFOQ (Bona Fide Occupational Qualification), the employer would be in a bad position should they be sued for age or race or like discrimination. It's one of those things that a smart employer does not ask, because if you don't have the information, you can't be accused of discriminating on that basis. It's a stupid, stupid thing to ask for and will give the employee a HUGE leg up on a discrimination claim. But it's not illegal in and of itself.

[PandorasBox]

Thanks. It's unreal how many job listings want that...

I even had one interview...."so how old are you? Wow you don't look that age....". And patrons were even asking when I would be starting....