Can an Employer Disclose an Age Requirement in a Job Posting?

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When searching through job postings, you may feel as though you are underqualified for many of them. But the reality may be that you are experiencing age-based discrimination. That is, an employer may be using subliminal language that insinuates their age requirement for their open position. Follow along to find out whether an employer is allowed to disclose an age requirement and how a proficient employment discrimination attorney in Gloucester County, NJ, at The Vigilante Law Firm, P.C., can help navigate your job application.

What are the laws against age discrimination in the state of New Jersey?

You must understand that age is one of the many protected classes in the state of New Jersey. As far as federal law goes, there is the Age Discrimination in Employment Act of 1967. This labor law prohibits employment-based discrimination against any individual who is 40 years of age or older. More specifically, such age discrimination is forbidden in hiring, promotion, termination, and compensation processes.

With that being said, the New Jersey Law Against Discrimination holds that your age cannot be a reason to deter you from applying for a certain job position. However, some exceptions to this law are as follows:

  • You are under the age of 18 or over the age of 70.
  • There are pension laws applicable to the job position that set a maximum hiring age.
  • Age is a bona fide occupational qualification for the job position.
  • Age is used as a factor in the operation or terms and conditions of a bona fide retirement, employee benefit, or insurance plan.

Can an employer legally disclose an age requirement in a job posting?

With the Age Discrimination in Employment Act in mind, evidently, an employer cannot outwardly disclose an age requirement in a job posting. However, you must still look out for tactics to deter an older individual from applying to a job posting. That is, an employer may implicitly establish an age requirement in any of the following ways:

  • An employer may require an applicant to apply only using their college email address.
  • An employer may require an applicant to have graduated in a certain year.
  • An employer may place a cap on the number of years of work experience an applicant can have.
  • An employer may place a minimum on the number of years until an applicant plans to retire.
  • An employer may use language such as “recent graduate,” “vibrant spirit,” or “digital native.”

So, if you come across such language in a job posting, then you must address it. This is all to say that you must be proactive in pursuing your employment-based discrimination claim. This means retaining the services of one of the talented New Jersey employment lawyers. Contact The Vigilante Law Firm, P.C. today.

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