SECTION 335:15-11-5. Age discrimination on employment applications

  A request on the part of an employer for information such as "Date of Birth" or "State Age" on an employment application form is because the request that an applicant state his age may tend to deter older applicants or otherwise indicate discrimination based on age, employment application forms which request such information will be closely scrutinized to assure that the request is for a permissible purpose and not for purposes proscribed by the Act. That the purpose is not one proscribed by the statute should be made known to the applicant, either by a reference on the application form to the statutory prohibition in language to the following effect: "Title 25, Oklahoma Statutes and the Federal Age of 1967 prohibit discrimination on the basis of age with respect to individuals who are at least 40 but less than 70 years of age," or by other means. The term "employment applications," refers to all written inquiries about employment or applications for employment or promotion including, but not limited to, resumes, or other summaries of the applicant's background. It relates not only to written pre-employment inquiries, or privileges of employment as specified in Article 3 of the Act.