In Philadelphia, we pride ourselves on fairness and equality. Yet, age discrimination can creep into the hiring process. This is not only morally wrong, but it is also illegal. Age discrimination involves treating an applicant or an employee less favorably because of age. The Age Discrimination in Employment Act (ADEA) prohibits such practices for individuals 40 or older. It covers both employees and job applicants.
Here are three examples to illustrate what age discrimination in the hiring process can look like.
The Job Description
One of the subtle ways age discrimination manifests itself is through the wording of job descriptions. Expressions such as “young,” “fresh,” or “new grads preferred” may seem harmless, but they can be a clear indication of age bias.
The Interview
During interviews, asking about one’s age and graduation year or commenting about being overqualified could be veiled attempts to ascertain an applicant’s age. Remember, the skills, qualifications, and experience matter, not the number of candles on your last birthday cake.
The Selection Process
When companies lay off older employees only to hire younger ones for similar roles at lower pay, this may constitute age discrimination. The same goes for promoting less experienced younger employees over more experienced older ones.
Know Your Rights
If you are 40 years or older, potential employers cannot discriminate against you based on your age during the hiring process. This includes job advertisements, interviews, hiring decisions, and terminations. If you suspect you have been a victim of age discrimination in the hiring process, it is important to act swiftly. Document all interactions related to the discriminatory actions. This could be job postings, emails, or notes from interviews.
If you suspect age discrimination, you have several legal options to consider.
Filing a Charge With the EEOC
The first step is to file a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing federal laws regarding discrimination. It is important to note that you must generally file a charge with the EEOC before proceeding to court.
Lawsuits
They will investigate the matter once you have filed a charge with the EEOC. If they find evidence of discrimination, they may take action against the employer. If the EEOC chooses not to take action, they will provide you with a “Notice of Right to Sue.” You can then proceed with a lawsuit against the employer.
Mediation
The EEOC also offers mediation services as an alternative to a lengthy investigation or lawsuit. Mediation is a confidential process where a neutral third party helps the victim and the employer reach a voluntary, negotiated resolution.
Settlements
Sometimes, the employer may choose to settle the case out of court. This could result in compensation for the victim, including back pay, reinstatement, or changes in the employer’s practices and policies.
A Philadelphia Age Discrimination Lawyer at The Gold Law Firm P.C. Will Protect Your Rights
If you believe you have been subjected to age discrimination during the hiring process, we are here for you. Speak with a Philadelphia age discrimination lawyer at The Gold Law Firm P.C. today. Call 215-569-1999 or contact us online to schedule your free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.
