Age discrimination in the workplace can be a significant barrier for older job seekers. It not only impacts their ability to secure employment but also undermines their experience and qualifications. Many people are hesitant to claim discrimination during an interview and consult age discrimination attorneys, so we’ve put together a list of 15 questions that can signal that a potential employer has a problem with your age.
What Qualifies as Age Discrimination in Employment?
Age discrimination during the hiring process occurs when an employer treats a job applicant less favorably because of their age. It could be apparent in the job advertisement, application forms, interview procedures, or even background checks. One should be attentive during interviews, as age bias can often manifest in seemingly innocuous questions or comments.
Identifying Interview Questions That May Indicate Age Discrimination
There’s no comprehensive list of questions that prove your prospective employer is committing age discrimination, but you can make an educated guess in many situations. Some questions Employers ask leave little doubt that an interviewer is concerned about your age and has an intent to violate the Age Discrimination in Employment Act of 1967 (ADEA).
Here are 15 questions that could mean you’re being discriminated against that you should watch out for:
- “How old are you?”
Seldom is a prospective employer so blatant as to ask this question. This question is relatively straightforward. Employers should not ask this, as it opens the door to other facts that could support age discrimination liability.
- “How comfortable are you working with younger managers?”
Asking this question assumes that those above you in the chain of command will be younger, implying that your age is out of the ordinary.
- “When did you graduate?”
Both a high school diploma and a bachelor’s degree take four years to complete in most cases, meaning you’re likely to be around 18 or 22, respectively, at the time of your graduation. Knowing the year you graduated will allow your employer to calculate your age, potentially leading to discrimination on that basis.
- “Do you think you’re overqualified for this role?”
Age often brings experience. As positive as this may be, an interviewer asking this kind of question could be intended to needle you about your age.
- “Do you feel confident you can keep up with other employees?”
While many jobs do require a certain level of physical fitness or ability, asking such a pointed question can be a red flag. This may indicate that a prospective employer is underestimating you based on your age.
- “How long have you been working?”
This question is intended to give me a sense of your age based on your work history. There’s no need to talk about old after-school jobs and the like when applying for a job in the present, especially if your most recent work history is already listed on your resume.
- “Can you adapt to new technology?”
A common stereotype of older people is that they don’t understand new technology. By asking this, your employer is assuming you’re incapable of adapting to changing times because of your age.
- “How much longer do you intend to continue working?”
A question like this assumes you’ll likely retire in the near future. Not only is this condescending, but it’s also simply none of an employer’s business.
- “Are your skills up to date?”
Like a question about technology, this assumes that you’ve grown rusty with age. This is an inappropriate thing to ask, especially since most jobs provide training to all new employees as standard.
- “Do you think you’d be a good fit for the company culture?”
While a bit more subtle than most, this kind of question could imply bias. If many of the employees at a business are on the younger side, questioning how you’d fit in with the culture may be intended to dismiss you based on your age.
- “When were you last employed?”
This question could potentially fall into a number of forms of discrimination. As far as age discrimination goes, though, it could be a way to see how long ago you were last working—the expected answer being a large number of years ago.
- “You don’t have any social media accounts, do you?”
Many employers check social media when reviewing candidates. This kind of question can make you seem old and out of touch, assuming you aren’t on any social media platforms.
- “Have you ever worked under someone younger than you before?”
This question makes your age the central focus of your work history. It’s talking down to you and assuming that you’ll be the oldest or one of the oldest people at the office, as well as assuming that would be a problem.
- “Do you remember when X?”
While this could be fairly innocuous, asking where you were or if you remember a certain historical event could be a way to get an approximation of your age.
- “Do you have any children?”
Asking about whether someone has children (or their ages) may be a means of trying to find your age.
Addressing Age-Related Questions in an Interview
Age discrimination in hiring is challenging to prove when there are only one or two subtle questions. We recommend two alternative strategies.
One strategy may be to draw the interviewer out and see whether they will continue asking questions that seem age-related. Several age-related questions may create a pattern that will help prove a case if you are denied the job. If denied the job, try to find out how old the successful applicant is and what qualifications they have. Looking at LinkedIn or Facebook can help you understand whether you have superior qualifications.
An opposite strategy might be for job applicants to counter such questions by confidently redirecting the conversation to their experience and skills. One could respond to the ‘overqualified’ query by highlighting how their vast experience can add value to the organization. It’s important to stay focused on the job qualifications and how your skills align with them.
Contacting an experienced employment law attorney can assist you in understanding whether you have a case or what information is further needed to understand whether you have a case.
If you wish to make a claim, it would be relevant to any case if a younger, unqualified person were hired for the position. If you are not hired, try to find out this information informally from a friend, an acquaintance, or LinkedIn.
Legal Rights and Protections Against Age Discrimination
The Age Discrimination in Employment Act (ADEA) protects applicants aged 40 and older from age discrimination in hiring, termination, promotion, and other aspects of employment. These rights extend to interviews as well. Resources such as the Equal Employment Opportunity Commission (EEOC) provide guidance and support to individuals who experience discrimination.
If you suspect age discrimination during an interview, document the incident and report it to the EEOC. It’s also possible to seek legal aid for potential age discrimination claims. Strict legal action can be taken against discriminatory employment practices.
Don’t Stand for Age Discrimination in the Workplace
If you suspect age discrimination during an interview, call competent employment law counsel. Wusinich, Sweeney & Ryan offers experienced legal advice. Call today at (610) 594-1600 or contact us to learn more.
Common advice is to document the incident and make a formal charge to the EEOC. There are strict time periods under federal or state law to sue for age discrimination, so you should act promptly.
