They Hired Someone Younger

By: Bob Skladany | Source: AARP.org | July 10, 2009

Q: I interviewed for a job recently, and the company recruiter told me that I have excellent qualifications. When she asked about my ability to work a variety of schedules, I told her that as a widow, I had a great deal of flexibility with my hours. Two weeks passed, and I heard nothing. Turns out someone half my age was hired. When I finally called the recruiter, she said the person they selected had excellent qualifications and was a “better fit” for the company culture.

The recruiter knew that I was widowed and my age. She commented about my “extensive” experience. This has happened to me several times now, and I think it’s due to age discrimination.  How can I make them reconsider their decision? Should I hire an attorney and sue the company? -Margaret, Ohio

A: Margaret, your situation is the one I encounter most often—an older job seeker loses out to a younger candidate, and there are hints that age played a part in the decision. Could your age have been a significant factor in the employer’s selection? Sure. Can you prove it? Very unlikely.

The Age Discrimination in Employment Act states that a candidate’s age may not be the basis of a hiring decision. Still, a request that an employer reconsider a decision would probably not be well received and would be met with silence or a polite, “No, thank you.”

Do you think there is sufficient evidence that age played a role? This could include interview notes referring to your age, a substantial history of younger candidates with comparable qualifications being selected, witnesses, records of the employer’s staff commenting unfavorably about your or another candidates’ age, or a record of age-based complaints and legal actions against the employer. If you think so, then consider whether or not filing a complaint and pursuing legal action is a wise use of your time, money, and emotional energy.

Proving that an employer discriminated during the hiring process is tough to do. Successful claims represent less than 15 percent of age-discrimination complaints filed with state and federal agencies, according to the Equal Employment Opportunity Commission. Job seekers rarely win these claims, for several reasons: Information is not readily available, if at all; there is little or no documentation; and employers are very cautious about inappropriate comments, even in private. Complaints seldom go to litigation, and if settled privately, the files are usually not public information because of non-disclosure conditions in the settlement.

Even though it might feel good to strike out at what you believe is discriminatory behavior, experience indicates it’s in your best interest to walk away and apply to employers and for occupations that welcome older candidates: Nevertheless, you can still file a compliant with the U.S. Equal Employment Opportunity Commission.