Full question:
I have a B.S. in mathematics and I am a recent graduate from nursing school with a 3.87 grade point average which was the second highest average in my class of 135. I was also the oldest in my class. I am 61 years old. Since I recently felt I was the victim of age discrimination because a fellow student volunteered to the prospective employer that 'I was her age' after which I did not get an interview and the HR recruiter used the terms 'high energy and fast paced' to describe the floor on which I had been applying to work. I am very sensitive about divulging my age. I have an interview tomorrow with a hospital within a larger health alliance of hospitals. The HR recruiter sent me an email asking me to fill out additional forms 'to save me from having to come back and sign them after/if I accept a job. The form asks for age, gender, and ethnicity. Do they have the right to ask this prior to my interview or employment? After providing the information, how would I ever be able to prove that I was not offered a job because of my age?
- Category: Employment
- Subcategory: Discrimination
- Date:
- State: Kentucky
Answer:
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals aged 40 and older from employment discrimination based on age. Under the ADEA, it is illegal to discriminate against someone regarding any employment terms, including hiring and promotions, due to their age. While the ADEA does not explicitly prohibit employers from asking for an applicant's age or date of birth, it does protect against discriminatory practices.
Proving age discrimination can be challenging. There are two main types of evidence: direct and indirect. Direct evidence is rare and may include explicit statements about age, such as remarks indicating someone is 'too old.' If direct evidence is presented, the employer must then show that the decision would have been made regardless of age. More commonly, applicants rely on indirect evidence, which may involve statistical analysis or patterns of discrimination to support their claims.
For the forms you were asked to fill out, while it is legal for the employer to request this information, you should be cautious about providing details that may lead to age discrimination. If you feel you were discriminated against, documenting your experiences and any relevant comments can help in any future claims.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.