02 Aug Avoiding Age Discrimination Claims When Hiring
In a recent post we addressed the importance of job descriptions. Today we take a look at how, when hiring, to stay in compliance with The Age Discrimination in Employment Act (ADEA), which bars job ads from indicating age preference.
Words to Avoid
The ADEA has some really specific language that outlines prohibited employment practices, stating:
It shall be unlawful for an employer, labor organization, or employment agency to print or publish, or cause to be printed or published, any notice of advertisement relating to employment indicating any preference, limitation, specification, or discrimination based on age.
Addition regulatory guidance from the EEOC explains that help wanted advertisements may not contain terms or phrases that limit or even deter the employment of older individuals. Certain words, according to the EEOC, indicate age preference in violation of the ADEA unless an exception applies. Examples include “young”, “college student”, “recent college graduate”, “boy” and “girl”. However, this list is not comprehensive; other words of a similar nature should also be avoided. It’s very important to remember that your job posting should only indicate the qualifications required to do the job – usually being of a certain age group is not a prerequisite.
Even with online application forms, be careful. It’s probably best to avoid questions that even indicate the applicant’s age, for example. The EEOC tells us that the ADEA does not specifically prohibit inquiries about applicants’ age or date of birth; however, because such inquiries may deter older workers from applying for employment or indicate possible age discrimination, inquiries will be closely scrutinized.
Questions to Avoid
What can you legally ask during an interview? When formulating interview questions to avoid discrimination claims, first create a list of questions to ask the applicant, and consider whether it directly relates to the job description and essential tasks of the position. In other words, will the question help you find qualified applicants who want to work? If not, you probably don’t need to ask it.
Some sample questions to avoid while interviewing:
We’re a younger company and we don’t have many employees here in your age group. Will that bother you?
Will you be comfortable being supervised by someone younger in the department?
What year did you graduate from high school/college?
How old are you?
How much longer do you plan to work before retiring?
When were you born?
However, you do need to evaluate applicants and ensure they’re legally able to work for you, so you may ask:
Are you over age 18?
What are your long-term goals professionally?
These options are more neutral and still determine what you need to know. If you are unsure what is and is not acceptable, or if you have any questions, contact Prestige.