Can a Prospective Employer Ask About My Age?

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You may have already committed decades of your life to the workforce. So you may be surprised that your great deal of experience gets overshadowed by your age. With this, you must understand that you should not be turned down for a job position simply because you share your age with a prospective employer. Continue reading to learn whether a prospective employer is allowed to ask about your age in the first place and how an experienced employment discrimination attorney in Gloucester County, NJ, at The Vigilante Law Firm, P.C., can affirm your rights.

What are examples of age discrimination in the workplace?

It is an unfortunate truth that older members of the workplace are subjected to disrespect, which may even go as far as harassment and discrimination. Examples of age discrimination in the workplace are as follows:

  • An employer elects to hire a younger, less qualified worker over an older, more experienced worker.
  • An employer forces an older worker to take an early retirement package.
  • A manager puts a younger, less qualified worker in charge of certain tasks over an older, more experienced worker.
  • A manager assigns an older worker to work exclusively with older clients.
  • A coworker harasses an older worker with offensive, age-related comments.
  • A coworker excludes an older worker from certain meetings and projects.
  • A client harasses an older worker with offensive, age-related gestures.

Is a prospective employer allowed to ask about my age?

Currently, it is legal for a prospective employer to ask about your age during your job interview. Though, this is so long as it is done appropriately. For example, a prospective employer cannot place a cap on the number of years of work experience an applicant can have. In addition, they cannot require that an applicant apply only using their college email address. What’s more, they cannot follow up with a question about when an applicant plans to retire. This is because these all may be considered tactics to deter an older worker from applying to a job posting.

You must remember that there are laws in place to protect you in a situation like this. This is because age is considered a protected class by federal and New Jersey state law. More specifically, there is the Age Discrimination in Employment Act. This Act protects job applicants and workers who are at least 40 years old from discrimination based on their age in hiring, promotion, termination, compensation, and terms of employment.

With all that being said, please do yourself a favor and retain the services of a skilled New Jersey employment lawyer from The Vigilante Law Firm, P.C. today. We will ensure that experience a respectable job application process from this day forward.

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