my husband ,59,has been out of work for ten months. He is a help desk technician. Is age discrimnation posible

Question

he thinks that he is on a black list because he was fired from his last job. Is that possible? i thought that employers were just allowed to say that the person worked for them and that they couldn't critique the former employees performance.

Answer 1

You have asked two different questions:

1) Prior employers are allowed to say anything they want. Often they choose not to, out of fear of being sued either by the ex-employee if he isn't hired, or by the new employer, if he is hired and does a bad job. But there is no law against providing information, and no liability if the information can be shown to be truthful.

2) It is likely that your husband is being discriminated against because of his age. Employers in general like younger employees, and in the tech field in particular. But if his potential employers know he was fired, that is also a reason he may not be getting another job.

It is hard to prove and win an age discrimination suit, and filing one is a sure way not to get hired in the field. It may be a little easier to sue a former employer than a potential one, so if he has an argument that his previous employer fired him because of his age (was he replaced by a younger person, have they hired any older people, did they have solid other reasons for firing him?) you might want to pursue that.

It is a tough situation, looking for a job when you are older.

Answer 2

Providing bad references is a dodgy business....the employer can find themselves in a lawsuit situation if the former employee finds out. They usually give references, but its what they don't say that gives the new employer the best indication as to how they feel about their former employee.. Ie a very short and brief reference not saying anything bad, but not exactly saying anything good either.

Age discrimination does happen.....it is usually disguised though. They may say he is not suitable or they had a lot of applicants, but sometimes it is actually because they consider he is too old, even though he has loads of experience for the job and may be fit and active...but he does not get the chance to prove it at an interview.. It sucks!!

Answer 3

Age discrimination in employment may differ somewhat from race and gender discrimination, in that it does not usually take the form of wage discrimination. Older workers, on average, make more than younger workers do. Firms may be afraid to offer older workers lower wages than younger workers. Instead they will simply not promote or not hire an older worker. They may also encourage early retirement or layoff disproportionately older/more experienced workers.

Although like all forms of discrimination, age discrimination has always been a problem, it is most severe at present in the entertainment and computer industries. Many elderly actors, musicians, scriptwriters, programmers, and electrical engineers have all complained that it is difficult for them to find work, even though they are well-qualified in terms of education and experience.

Age discrimination in hiring has been shown to exist in the United States. Joanna Lahey, Economics professor at Texas A&M, found that firms are more than 40% more likely to interview a younger job applicant than an older job applicant [1].

In a survey for the University of Kent, England, 29% of respondents stated that they had suffered from age discrimination. This is a higher proportion than for gender or race discrimination. Dominic Abrams, Social Psychology professor at the University, concluded that ageism is the most pervasive form of prejudice experienced in the UK population. Here is an Age Concern survey: How Ageist is Britain? (PDF).

In a recent interview, famed actor Pierce Brosnan cited ageism as one of the contributing factors as to why he was not cast as James Bond in the upcoming Bond film, Casino Royale, to be released in 2006

In the article linked below, there are some resources and organizations that may help your husband.

Answer 4

Its more likely that he just doesn't interview well.

Also, the fact that he's been out of work so long is a red flag in itself. People may think he drinks.

Try having one of your friends that is in management interview him and give him some tips.

If, after that, you really think it is age, try Grecian formula and limiting his resume to the work he's done in the last ten years.

Also, there is no reason that a former employer can not give a bad reference if the hiring company knows someone there.

Also, if your husband gives references he may want to change them sometimes in case one of those people are talking bad about him.

Good luck.

Answer 5

It's always possible, maybe even probable in his Case. The employer probably covered their own a**, though. I was fired by the Multiple Sclerosis Society in Minnesota because I have Multiple Sclerosis.

Answer 6

He cannot be blacklisted. I was fired from Localnet and then got a job with Gateway. In a help desk position anyone can work it. Must of my coworkers are in wheelchairs, or have some other handicap. Your husband might be depressed, Help him get back on his feet.

Answer 7

I'm not an expert, but I believe hiring officials have code words that are used when checking references...so it would be very hard to prove discrimination, even though it is very possible it exists. Perhaps he can start his own business? It may prove more profitable in the end.

Answer 8

It is possible. They will say he is "overqualified" which is a crock. a Lot of people who do that type of work are younger these days--in their 20s or 30s. He should stick with it - take a lot of college classes---and be a professor of Technology. They wouldn't discriminate agianst him then

Answer 9

July 2 And July 7 Are one of my favorite ones. Hahaha It would be funny if someone tried these at walmart.

Answer 10

The problem is most help desk tech jobs are now in India.