Job Doc

Age discrimination?

Pattie Hunt Sinacole advises on a possible age discrimination concern

Ask the Job Doc. Boston.com

May 13, 2024

2 minutes to read

Q: I am 58 and have been searching for a new job since December, 2023. Based on the job descriptions or postings, it seems like I have many, if not all, of the qualifications. I wait and nothing. You would call it the “black hole” I think.

I interviewed for the ideal job. During the interview process, they praised my background, education, industry experience, and other strengths. Even my commute would have been reasonable. I called, emailed and followed up several times. My brother-in-law is a manager at the company. From what my brother-in-law knows, the role still seems to be open. Another person, not a relative or a friend, but a professional contact confirmed that candidates are still being interviewed for the role. My contact told me that they may be looking for someone younger but that was just a guess. She said that most of the new employees in that area are in the 20s and 30s. I never heard back from the company. I assume it was eventually filled.

This no response from a company has happened repeatedly. I think I am being discriminated against by this company. I want to explore legal actions. What are your thoughts?

A: It sounds like it was a frustrating experience. In many cases employers’ missteps do not violate the law. Sometimes, however, poor recruiting practices can cross the line from unprofessional to unlawful conduct.

The federal Age Discrimination in Employment Act (ADEA) and the Massachusetts state Fair Employment Law, both forbid age discrimination against people who are age 40 or older. These laws prohibit discrimination throughout employment, including during the recruiting and hiring processes. The circumstances of your application certainly raise concerning questions, however, there may be a number of legitimate reasons you were not selected for this role.

If you believe that there is evidence that you were the victim of employment discrimination, you may consider filing a charge of discrimination with either the U.S. Equal Employment Commission (the EEOC) or the Massachusetts Commission Against Discrimination (the MCAD). It is important to keep in mind that bringing a discrimination case takes time and may interfere with your ongoing job search. Proving age discrimination can be challenging. A candidate for an open role, must prove that age was a significant factor in a company’s decision to extend an offer to another candidate, and not an extend an offer to you.

Both the MCAD (https://www.mass.gov/file-a-complaint-of-discrimination)

and EEOC (https://www.eeoc.gov/filing-charge-discrimination) have websites, which provide guidance on filing a complaint. You may also consult an employment attorney. An attorney will likely provide an initial consultation, in which you share an overview of your concerns, and the attorney assesses the complaint, and may even discuss an approach. Most attorneys charge for this consultation, but ask about fees in advance of the meeting.

If you plan to pursue legal action, retain all records, which may help bolster your case. By records, I mean emails, voicemails, texts, etc. All of these communications may be important.