John A. Klassen, PA Minnesota Employment Law Attorney
612-217-4988 877-390-4527

What does age discrimination in the hiring process look like?

Job hunting can be challenging for anyone in Minneapolis. A person may have to send out dozens of resumes and go through several interviews before landing a job. However, some people may have a disadvantage in the hiring process -- their age. Sometimes, an employer will not hire a person based on that person's older age. This is age discrimination, and it is against the law.

The Age Discrimination in Employment Act (ADEA) of 1967 is applicable both to workers and those who are seeking employment. It protects those age 40 and up from being discriminated against in the workplace or hiring process due to their age. When it comes to the hiring process, this includes age discrimination in job advertisements, job descriptions, interviews, and in job offers.

During the hiring process, an employer can only require that potential employees be of a certain age if it is for a "bona fide occupational qualification." Essentially, this means that having employees of a certain age is a necessary part of the company's business operations. While an employer can estimate an applicant's age based on the applicant's job history on their resume, the employer cannot use this information to eliminate an applicant as a candidate for the position.

Unfortunately, it can be difficult to prove age discrimination in the hiring process, since the employer can claim that the applicant was unqualified for the position for a non-discriminatory reason, or that another applicant was simply better suited for the position for reasons not related to either applicant's age. However, this should not dissuade those who believe they were not offered a job due to age discrimination from pursuing legal action. It is important that incidents of discrimination are reported so that employers can be held accountable for their actions. With the right help, prevailing on an age discrimination claim based on the hiring process is not impossible.

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John A. Klassen, PA
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