Age discrimination in the hiring process

On Behalf of | Nov 20, 2023 | Age Discrimination |

When you face age discrimination in the hiring process, it can be disheartening and frustrating. However, federal and state laws prohibit employers from making hiring decisions based on age.

You have legal recourse to address such situations and ensure fair treatment in the job market.

Age discrimination laws

The Age Discrimination in Employment Act is a federal law that protects individuals 40 years old or older from discrimination in hiring or promotion practices. In addition to the ADEA, the Indiana Civil Rights Law prohibits age discrimination. It applies to employers with one or more employees. However, a recent survey showed that 21% of adults aged 50 and older report having experienced age discrimination in the workplace.

Age bias signs

Before pursuing legal action, it is crucial to recognize signs of age discrimination in the hiring process. Common indicators include biased interview questions about your age, stereotypes about your capabilities or losing a position to a younger candidate with similar qualifications.

Proactive measures

If you suspect age discrimination, take the following actions:

  • Document Everything: Keep a detailed record of the hiring process. Include dates, times and specific instances where you believe age discrimination occurred.
  • Speak Up: Address your concerns with the company’s human resources department. Clearly articulate your qualifications and express your belief that age played a role in the decision.
  • Request Feedback: Politely request information about your application or interview process. Doing so helps you gather details about the employer’s decision and provides insight into potential discriminatory practices.

It is important to be proactive if you feel you can not get gainful employment due to age.

Legal actions

If the hiring company does not address your concerns internally, you can file a charge of discrimination. The Equal Employment Opportunity Commission investigates complaints against employers and enforces anti-discrimination laws. Act promptly to comply with filing deadlines.

If the EEOC finds evidence of age discrimination, they may pursue legal action against the employer. Or, they may provide you with a “right-to-sue” letter. This document allows you to file a private lawsuit. Remedies may include job reinstatement, back pay or compensation for emotional distress.

Understanding your rights and taking proactive steps are crucial when faced with age discrimination in the hiring process. You can pursue legal options to ensure fair treatment in the workplace.


FindLaw Network