Age Discrimination Starts When An Employer Becomes Aware Of An Older Worker’s Age

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Age Discrimination Starts When An Employer Becomes Aware Of An Older Worker’s Age
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New research finds that job applicants aged 40 and above begin to experience age discrimination at the point where their age becomes apparent to the employer

, for the National Bureau of Economic Research based in San Francisco, CA.Neumark uses extensive statistical data from a national lawsuit involving age-based hiring discrimination at a restaurant chain.

Neumark found that older applicants were selected for job interviews “at equal or higher rates to younger applicants” when their age was unknown. Neumark said the research eliminates alternatives other than age discrimination because the applicants were asked a battery of questions that were created by the employer to satisfy specific requirements of the job and the applicants had been selected based upon their responses. “[I]t is hard to imagine what legitimate, job-related difference is revealed in the interview that could justify the age difference in job offer rates that occurs at the second stage…” he writes.

The U.S. Equal Employment Opportunity Commission has long held that it is not discriminatory per se for an employer to ask a job applicant’s age, though the EEOC states such a request might be used as evidence in an age discrimination lawsuit.

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