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 since age bias can often manifest through 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. Here are 15 questions that could mean you’re being discriminated against that you should watch out for:
- “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 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 count up to find 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 get a feel for how old you are 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.
- “How old are you?”
This question is illegal to ask because it violates the Age Discrimination in Employment Act of 1967 (ADEA). Employers cannot do this, as it opens the door for easy age discrimination.
- “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 that you’re likely to retire in the near future. Not only is this condescending, it’s 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 a majority of jobs provide training to all new employees as a standard part of the job.
- “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 constitute age discrimination. 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 dismiss you as old and not with the times due to the assumption 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?”
Deciding to hire an applicant based on their children is illegal in its own right but it can also be an indirect means of trying to find your age.
Addressing Age-Related Questions in an Interview
Job applicants can 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.
Legal Rights and Protections Against Age Discrimination
The Age Discrimination in Employment Act (ADEA) protects applicants aged 40 years and above from discrimination on the basis of age in hiring, dismissal, promotion, or any other aspect of employment. These rights extend to interviews as well. Resources like the Equal Employment Opportunity Commission (EEOC) provide guidance and support for individuals who experience discrimination.
What To Do If You Experience Age Discrimination in an Interview
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 claims of age discrimination. Strict legal action can be taken against discriminatory employment practices.
Don’t Stand for Age Discrimination in the Workplace
Recognizing and addressing age discrimination in interviews is vital to ensuring fairness in the hiring process. Fostering an inclusive and equitable environment helps leverage the benefits of a diverse workforce. If you suspect you’ve been a victim of age discrimination, Wusinich, Sweeney & Ryan offers experienced legal advice. Call today at (610) 594-1600 or contact us to learn more.
