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Friday
18Jan2008

Age Discrimination?

I am mid way into my forties and I feel that I am being discriminated due to age. The only jobs I can get are two part time jobs. Should I fight the employers with the E.E.O. or not?

I often tell staff that I want "just the facts, Jack" but in this case, I need a little more. Questions to ask yourself as you ponder your job search: what positions are you applying for? Are you qualified for the positions? Are you completing applications or submitting resumes? Are you putting adequate time into completing them to ensure they are accurate, thorough and reflect all of your skills and abilities? Are you receiving interviews? Are you preparing for them? Are you the best qualified for the positions you are applying/interviewing for?

After considering questions such as these, do you really believe that your age is THE reason you are not being selected?  Unfortunately, people to discriminate in hiring because of age and if this is the case for you you should know that any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC. The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

People are not selected for positions for MANY reasons and I encourage you to consider those first before alleging it is because of your age. If it is, there are resources available to you. I encourage you to contact the HR department of the company where you applied. Most companies have a staff member(s) responsible for EEO on site . She would be someone to listen to and address your concerns. Of course, you could seek resolution directly with the EEOC.

Personally, as a person over 40 myself, I feel 40 is prime and in no way "old"!  Comments anyone?

Reader Comments (9)

My last job search took me quite a while. I bet they were discriminating because of how young I am. Or perhaps it was the fact that I didn't have the necessary experience.

I agree that we need more details. Although it does worry me that the poster wants to fight "employers" rather than having one company with facts to back him/her up on that case.
Sunday, January 20, 2008 | Unregistered CommenterRachel - Employment File
I had an intern once and hired her. Smart, savvy, full of initiative . . .She asked for a raise, I said no and she said it was because of her age. At the moment, my world stopped. It did. It was because of her age and I was not even aware I was doing it. She got her raise and is now a close friend, confidant and the one who pushes me outside of my comfort zone when I need it (and even when I don't). Yeah youth!
Sunday, January 20, 2008 | Registered CommenterLisa Rosendahl
There used to be a time being "discriminating" was a compliment! Anyway, think we all discriminate in some way. I like Lisa's response though: "do you believe that you age is THE reason ...?" Often we think it is because of this or that but maybe there are simply better candidates. I always encourage people to ask for specific feedback on why they are unsuccessful. If the answer is vague the recruitment process probably wasn't all that robust in the first place.
Monday, January 21, 2008 | Unregistered CommenterBill Wallace
I'm not sure of the status of the job market in the US, but here in Canada we have a shortage of skilled workers, particularly of "knowledge" workers, so age means nothing to me when I'm recruiting. In fact, I love older candidates, they are great mentors to our younger bunch trying to move up through the ranks.

I do also find mid 40's pretty young to be encountering age discrimination? Mid-40's is an ideal candidate, experienced, mature, and professional.

Seems to be an odd assertion to me...
Monday, January 21, 2008 | Unregistered CommenterHR lady...
Your post makes sense. There are so many factors that go into hiring, age cannot necessarily be a factor. As a young hiring manager, I have had at times trouble seeing someone much older being hired and wanting to work for me, but if they look good on paper, I'll usually get them in for an interview - and I usually was hiring for entry level positions. Age was never the factor - I usually found someone more suited for the role - and the only exception to this was when someone with too much experience applied and asking for much more money than I was willing to spend. So as long as you're applying for a job that meets your skill set and experience, age shouldn't be the main factor that people are taking into account.
Monday, January 21, 2008 | Unregistered CommenterProductivity Guy

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