When looking at a job posting, you will likely get a feel for the employer’s ideal candidate from the language they use. You might feel the company is looking for someone younger than you, or older than you.
Everyone needs to have a fair chance to get a job, based on their skills and experience alone. Employers cannot discriminate against applicants based on their protected characteristics, of which age is one. Yet, there are times when job postings reflect a conscious or unconscious employer bias against older workers in violation of their rights.
Ageist language
The following are a few examples of inappropriate wording some employers use when engaging in intentional or unintentional age discrimination:
- Join a youthful team
- You will be a digital native
- A recent college graduate
If someone over 30 reads those phrases, they might feel they are already too old for the role. Likewise, phrases such as “a mature professional” might convince anyone under 50 that there is no point in applying for a position.
Your ability to take action depends on your age and where you live
Discrimination against workers 40 and older is unlawful throughout the U.S., and discrimination against younger workers is unlawful in some states and cities too.
The Age Discrimination in Employment Act (ADEA), which is a federal law, only allows you to claim age discrimination only if you are over the age of 39. By contrast, both the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL) protects you from age discrimination as soon as you turn 18. The NYCHRL applies to most employers who have “employed four or more people within the past year, or at least one domestic worker for any period of time”, while the recently expanded NYSHRL applies to all employers.
If you think an employer may have discriminated against you due to your age, consider learning more about your options. Unless a legal exception applies to your circumstances, you may be in a position to pursue legal action if your rights have been violated during the hiring process. If you believe that you’ve been subjected to age discrimination in the workplace, you should speak to an experienced law firm to help you decide your next move.