An older gentleman comes in for a job interview. In the interest of making polite conversation and getting to know the applicant better, you ask if he has any grandchildren. It seems like a natural question, but you may have just made a big mistake.
Could this well-meaning comment be construed as age discrimination? Drawing attention to an applicant’s age is risky territory. If you later chose a younger applicant for the position, this man may feel as though his age was a factor in your hiring decision. What counts as age discrimination and how can you avoid committing it? Let’s take a closer look at the current laws governing age nondiscrimination so you can steer clear of potential lawsuits.
Age discrimination under the ADEA
Age discrimination occurs when job applicants or employees are treated unfavorably on the basis of age. Discrimination occurs when age is used as a factor in employment decisions such as hiring, promotions, and terminations.
Under the Age Discrimination in Employment Act of 1967 (ADEA), employers with 20 or more workers cannot engage in personnel practices that discriminate against employees or applicants that are 40 years of age or older. In addition, those employed by employment agencies, labor organizations, the federal government, and state or local government agencies are protected under the ADEA regardless of the number of employees in your organization.
It’s also important to check your local state laws, as some states have extended ADEA...
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