I am 60 and am looking for a new job.How can I tell if an employer discrimates because of age. I feel they do

Question

I have applied for jobs that I know I have more experience and better qualifications than the "younger person" they hired. They can't come out and say it is because of my age but I feel it is, but how can I prove it. They can use any reason they want and it is still "age discrimination". Don't they realize and older person in most cases are more reliable and dependable than the younger generation?

Answer 1

Just because proving age discrimination is difficult does not mean that it is impossible. Here are some ideas. Have a younger friend with similar credentials related to the position apply at the same time. Compare your experiences. Better yet, get together a group of people to apply: some your age, others significantly younger. Compare your experiences. The more people that apply, the more likely a pattern will be to emerge. Regardless of whether you know anyone else who applied, once you know you have not been selected for a position, contact the employer and ask what, if anything, would have made you a better candidate. You may not get much of an answer, but you will not know if you don't ask. This is not an uncommon tactic for persons of any age and without regard to whether they suspect discrimination. Of all types of discrimination, however, employers are still most likely to admit age based discrimination than any other. They may do so by saying that they want someone with more longterm potential, or by assuming that you wanted too much money (even though no salary request was made). They may even just come out and say that you're too old. (This is particularly true, I think, with occupations that require physical strength).

In instances where you feel strongly that age was a factor, try filing a charge of age discrimination even if you have very little evidence. File the charge with the Equal Employment Opportunity Commission. Legal proof of age discrimination consists of the following:

(1) demonstrating that you are in the protected age group; (2) that you are qualified for the position sought; (3) that you were denied the position; (4) and that there is SOME reason to connect the denial of employment to age. No. 4 can be something as simple as what you described: the successful candidate was younger and less experienced. This is called your "prima facie" case. If you can establish a prima facie case, it falls to your employer to articulate a non-discriminatory reason for its decision. Many employer, at this stage of the process, begin to doubt that they had sufficiently good reasons and begin to embroider their reasons by including "reasons" that are demonstrably false. If your employer offers reasons for its decision that are demonstrably false, discrimination MAY be inferred. That is, if you were before a jury, the jury would be able to find that the failure to hire was discriminatory though it would not be required to so find. Of course, you don't want things to go that far, but if you file charges of discrimination in the most egregious cases you might be able to negotate or mediate a satisfactory outcome. Go see an employment lawyer.

And in the mean time, if there is an employer known for its willingness to employ persons over 50, apply there.

Answer 2

Because you "have more experience and better qualifications than the "younger person" they hired", you do NOT know that age was a factor. You would not that age was a factor only if the person had the SAME experience and qualifications as you. Based on the facts that you state, it is possible that the employer hired that other person because you were too qualified or too experienced for the employer to want. Many employers want someone with just enough qualifications and experience, and no more.

Answer 3

The problem is that you'd never really be able to prove it - all they need is ONE age-neutral reason that the other person is a better fit for the complany. These types of cases are difficult, and usually require a pattern of many applicants rather than just one, or something blatantly said during an interview.

I think you'll just have to keep looking. Good luck!

Answer 4

I now they shouldn't but I'm sure they do--proving it would be impossible I bet. Not sure what job you are looking for, but consider education related jobs. Many parttime jobs are available with good pay and the experience of age is a plus. Teacher assistants, substitutes, office personnel, are just some ideas. These usually pay as well for less hours than many entry level jobs elsewhere.

Answer 5

Dont be one of those people. Just apply, interview and live with the results. I firmly believe an employer should have the right to hire whoever they want for whatever reason EVEN if it is not me.

Answer 6

that is true but would you on the other hand hire a 60 year old when you can hire a young buck we are slower myself i cant half remember[ reliable dependable ] arthur must dont know where you stay child these joints good luck what ever floot your boat

Answer 7

I have seen this many times. It is unprovable. I would just go on looking for someone who appreciates a steady worker.

Answer 8

You cannot do anything unless you get it in writing. That won't happen. Try looking for jobs for seniors or jobs for retirees in a Yahoo! search. Try a temporary employment agency.