Some states have comprehensive fair employment laws that restrict the types of questions applicants may be asked, either on an application form or in a job interview. Alabama does not have such a law; however, the Alabama Age Discrimination in Employment Act protects employees and applicants from discrimination on the basis of age (40 and over) (AL Code Sec. 25-1-22). The law prohibits employers from discrimination in hiring or other terms or conditions of employment and from classifying job applicants on the basis of age. There are no specific prohibitions about asking for an applicant's age on an application form. However, asking for such information could be easily viewed as an attempt by an employer to unlawfully discriminate. The law covers private employers with 20 or more employees (AL Code Sec. 25-1-20).
Retaliation prohibited. The law also prohibits employers from taking any adverse action against an employee who opposes discriminatory practices based on age (AL Code Sec. 25-1-28). Employers with 20 or more employees are also subject to the requirements of the federal Age Discrimination in Employment Act (ADEA)..
In 2014, a state law was enacted to streamline the process of having certain criminal charges expunged (AL Code Sec. 15-27-1). Once a charge has been expunged, a job applicant is not required to disclose on a job application the fact that the expunged record exists or to otherwise provide information related to the expunged record.