Mar 27, 2017
Do Your Hiring Guidelines Violate the Age Discrimination in Employment Act?
Discrimination against older workers is illegal. Including an age range or discouraging older workers in a job posting is blatant discrimination and I doubt any of you would do that. Yet there are companies that use hiring guidelines that show a clear preference for younger candidates and these too can be considered a violation of the Age Discrimination in Employment Act.
R.J. Reynolds is a good example. The company faces a lawsuit for proving recruiters with guidelines for a regional sales job, stating ideal candidates are two to three years out of college and suggested applicants with eight to ten years of experience be avoided.
A recruiter gave documents with these hiring guidelines to lawyers at the San Francisco firm Altshuler Berzon, which specializes in employment law. Before long, other rejected applicants joined the suit. This case has bounced around the lower courts and is now waiting to be taken up by the Supreme Court. With people living longer lives and expecting to work later in life, this issue isn’t going away anytime soon. Until then, make sure you aren’t using discriminatory language in your onboarding process.